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Posted by on in General

A few years back, DIBP has made a major announcement to overhaul Australian visa framework to align this framework to our international counterparts.  The goal was to make certain visa requirements redundant for example, the requirement for an applicant to be in or outside Australia on lodgement or grant of the visa, the need for original documents and of course, paper based applications.

Since the announcement, we have seen visa subclasses collapsed and condensed into different categories.  We now have visas with different streams such as the 400 visa which and the 402 visa (rather than separate subclasses for each activity), we have seen the removal of the onshore/offshore requirement for ENS applications and so forth.  This process has in turn benefited both agents as well as visa applicants as it has become much easier to understand and more importantly meet requirements for a particular visa.

Public consultations were instrumental in this simplification process and the consultation process concluded last week on the 15th September.

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Posted by on in General

It’s really amazing when you have a look at the reported cases coming out of the AAT and the Federal Courts.

Based on what is reported on Austlii, it surely appears that visa refusals and visa cancellations on character grounds are becoming a more and more important element of migration law practice.

Is there any way to predict the outcome?

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Posted by on in General

Following the Migration Institute of Australia’s (MIA) EGM ‘wipe out’ on Friday afternoon, 8 September at 4pm in Sydney, the National President of the MIA suddenly resigned on Sunday 10 September.

Some of you may recall that I resigned from the Migration Alliance Committee a few months back without providing an explanation.    I would now like to provide that explanation, put forward a few of my insights and ideas, and then offer a proposal for the way forward.

My resignation from the MA committee

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Suppose that a law enforcement agency provides material to the Department on the basis that the material be treated as confidential information.

Suppose then that the Minister has regard to that material when considering whether to cancel a visa on character grounds.

Can the Minister be required to disclose that information to a court in the context of legal proceedings brought to challenge the visa cancellation decision of the Minister? 

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