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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

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”.

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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.

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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.

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OK everyone here’s your opportunity to share your experience and wisdom through another open forum!

Today’s topic: Have you had any success in getting  the “notorious” Condition 8503  “no further stay” “waived”?

Earlier this month I posted an article about a case that was decided by the Federal Circuit Court called Farhat, in which I described the challenge of getting 8503 waived as being harder than pushing a boulder uphill.   And just before Christmas of last year, I discussed another case in which an 8503 waiver was unsuccessfully sought, called Karan.  My tart and seasonal reference to that case was that it was “another lump of coal from the Department”, in other words a circumstance where in my view regulatory inflexibility prevailed over compassion.

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In this day and age, it is truly shocking, appalling, terrifying and tragic for people from Western societies to contemplate that “honour killings” still occur in other countries (like Pakistan).

Maybe not as shocking as one might prefer to think, in light of the raging epidemic of lethal domestic violence that continues to afflict Australia.  And in light of the raging misogyny freely given voice to by the now “president” of the United States, a person who was elected notwithstanding his own widely publicized (Access Hollywood tape) statements that he believes that his “celebrity” entitles him to treat women as objects and to use them for his own purposes as he sees fit, and the evidence of about a dozen women who came forward to provide accounts of his conduct as a serial sexual predator.

So self-evidently, and incredibly disappointing  and disturbing as it is, the world has not come as far as we might hope in recognizing the rights of women to full equality and to be protected from violence and the threat of violence.

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