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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

Has anyone out there had success in getting the Department to “waive” the infamous “Condition 8503”?

If you have, I invite you to share your story in the comments section.

As readers will be aware, Condition 8503 (derived from Schedule 8 of the Migration Regulations), provides that the holder of a visa which includes this condition will not be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.  

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Posted by on in General

Hooray! Or “boo”!

I wasn’t sure if there would be another opportunity for a quiz. But there is!

And no, you cannot have a break to fashion a hat out of aluminum foil to protect yourselves from surveillance from televisions, microwave ovens or smart phones while you mull over the answer  (fortunately for all of us here in Australia that form of surveillance is only happening at Trump Tower in New York City!)

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Posted by on in General

What if a visa applicant fails the character test because the applicant has a substantial criminal history.

Does that mean the visa application is certain to be refused, and that there is no hope of getting the refusal overturned in the Administrative Appeals Tribunal?

Well, a decision that was handed down by the Tribunal in early March – Hodson and Minister for Immigration and Border Protection (Migration) (2017) AATA 254 (1 March 2017) – illustrates that this type of situation is not “hopeless”.  It is possible for an applicant to succeed before the Tribunal despite failing the character test.

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Posted by on in General

OK readers, here’s the quiz of the month! It may be the quiz of the year if I can’t find an excuse to have another quiz!

And no, the quiz is not: “What insane tweet came out of the White House today?” That would be way too easy!

No, the quiz is a conundrum that made it all the way up to the High Court of Australia:

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Suppose an applicant for a Protection visa does not respond to an invitation to appear at a hearing before the Administrative Appeals Tribunal.

Suppose further that the applicant does not in fact appear at the Tribunal on the date that has been fixed for the hearing, and does not contact the Tribunal to explain her/his absence.

In that circumstance, can the Tribunal lawfully proceed to make a decision on the review without taking any further action to allow or enable the applicant to appear?

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