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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

The Federal Circuit Court handed down a decision earlier this week that should give all of us in the migration advice profession another reason to celebrate and be thankful during the holiday season!

This decision, Pokharel v Minister for Immigration & Anor (2016) FCCA 3295 (19 December 2016) shows that it is not the end of the story when a Medical Officer of the Commonwealth makes a determination that a member of an applicant’s family unit does not meet the health requirements contained in Public Interest Criterion 4005, or when the Tribunal concludes that it is bound, under regulation 2.25A, to accept the opinion of the MOC to be correct, or when the Tribunal refuses to adjourn a hearing to enable up-to-date information concerning the health condition of an applicant to be collected.

When it comes to cases where there are issues involving the health criteria, it doesn’t get much better than that, does it?

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Posted by on in General

Season’s greetings everyone!

Here’s the story of a case, Karan v Minister for Immigration (2016) FCCA 3157 (13 December 2016) that is right in keeping with the spirit of the holidays – generosity of spirit and compassion for all.

Well, not exactly!

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A decision that was handed down by the Federal Circuit Court on Monday of this week (5 December 2016) highlights the vulnerability of people who are being held in immigration detention and the obstacles that they can encounter when they seek to exercise the rights that are supposedly available to them under the Migration Act. 

The case was Singh v Minister for Immigration & Anor (2016) FCCA 3060. This was the story:

Mr Singh was in immigration detention for reasons that are not explained in the Court’s judgment.

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Is there anything you can do when the odds seem to be hugely stacked against your client?

When it looks like there’s practically no possibility of getting a positive outcome?

A case that was handed down by the Federal Court yesterday, 7 December, Tesic v Minister for Immigration and Border Protection (2016) FCA 1465 shows that what may appear to be impossible on the face of a situation can actually (at least some times!) be overcome. And that if you never give up, turn over every stone, and put every relevant document under the microscope, then yep, you may have a shot at pulling off what may seem like a miracle.

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So, “my fellow Amurricans”, is every new tweet and ill-considered phone call by Trump still giving you the creeps and making you think to yourself: “Get me out of here to someplace sane as fast as my legs will carry me?”

Did you read our earlier post  about what a wonderful safe haven Australia is in a world that seems to get nuttier by the minute and think: "Yeah, Australia sounds fantastic but getting a visa might be oh so hard!" (not  as hard as you may think, especially with the help of a Registered Migration Agent!!!!)

Remember the Mad Max movies? Yes there is life here in Australia even after the Apocalypse!

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