System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

How strict is the mandatory visa cancellation regime under section 501(3A) of the Migration Act

Very! 

How difficult is it to challenge the Minister's decision not to revoke the mandatory cancellation of a visa? 

...
Continue reading Last modified on
Hits: 778 1 Comment
Rate this blog entry:
0

Posted by on in General

Should there be more, or easier, ways for unlawful non-citizens to regularise their status in Australia? 

According to the most recent compilation of data that has been published by the Department, Australian Migration Trends 2014 – 2015, it was estimated that there were approximately 62,000 unlawful non-citizens in Australia as at 30 June 2015. This publication states that this number of unlawful non-citizens had remained fairly constant at that number since 2013. 

The Migration Trends publication states that the visa categories with the highest number of “over stayers” are visitor (by far the highest proportion of unlawful non-citizens, about 44,000 or 75%), followed by former holders of student visas and working holiday visas. 

...
Continue reading Last modified on
Hits: 699 0 Comments
Rate this blog entry:
1

Posted by on in General

How important is it to comply with deadlines fixed by the Tribunal for providing information in support of a visa application?

And how important is it to communicate with the Tribunal if it appears that there may be difficulty in meeting the deadline allowed by the Tribunal?

The answer, as illustrated by a decision that was handed down by the Federal Circuit Court on 5 April 2017, Singh v Minister for Immigration & Anor (2017) FCCA 670 is “incredibly”.

...
Continue reading Last modified on
Hits: 369 1 Comment
Rate this blog entry:
0

Posted by on in General

On 23 February 2017, amendments to the Migration Act 1958 relating to the cancellation of visas on character grounds came into force.

The amending legislation is entitled the Migration Amendment (Character Cancellation Consequential Provisions) Act 2017.

As the name of this legislation indicates, the purpose of these amendments was to introduce further changes to the Migration Act “consequential to” an earlier amendment that came into force in December 2014, which was the Migration Amendment (Character and General Visa Cancellation) Act 2014.

...
Continue reading Last modified on
Hits: 849 0 Comments
Rate this blog entry:
2

Posted by on in General

Is the Tribunal required to hold a separate hearing to determine whether it should grant an applicant’s request for an adjournment?

And if the Tribunal doesn’t hold the separate hearing, has it fallen into jurisdictional error? If it declines to allow the hearing on the adjournment request, has it acted “unreasonably” in the legal sense?

These were the questions that were presented in a case that was decided in late March by the Federal Court of Australia, Bhandari v Minister for Immigration and Border Protection (2017) FCA 272.

...
Continue reading Last modified on
Hits: 1526 1 Comment
Rate this blog entry:
0

Immigration blog

New Zealand vs Australia for investors
By Stacey Martin With similar climates, wide-open...
Continue Reading...
The Case of the 'Dibber - Dobber' and Procedural Fairness
Claims of denial of procedural fairness can be a r...
Continue Reading...
All You Need to Know: Tribunal's Jurisdiction to Review 457 Refusals
When does the Administrative Appeals Tribunal have...
Continue Reading...
Cautionary Tale: Don't Leave It to the Last Minute!
Are Australia’s migration laws too rigid and infle...
Continue Reading...
45 is far from retirement age for most.
It is now a Schedule 1 requirement that the applic...
Continue Reading...