Australian Immigration Daily News

Suppose a client contacts you and asks for your help in challenging the cancellation of a student visa. 

Are there any good arguments you can make to salvage the student’s situation? 

What if the student visa was cancelled on the basis of alleged non-compliance with the dreaded Condition 8516, which is in the following terms: 

I am heading back to Iran and I am trying, in conjunction with my colleagues at the Australia Iran Migration Consultants Association (http://www.iran.org.au) to set up, in about  April, a Migration Expo across the 3 main cities of Iran. Tehran, Isfahan and Shiraz.

What do I know about Iran and its economy and the demographic which would warrant this activity?

The population is largely young and they are highly skilled. 70 percent of the Iranian population was born after the 1979 revolution.

Compliance in Melbourne are in the grips of a craze concerning Migration Agents and protection visas. Today a colleague was told that if they lodged an application for a protection visa on behalf of their client that they would "tarnish" their reputation as an RMA.

Last week a colleague was the subject of an allegation from a compliance officer to the effect that he had encouraged a client to make false statements in an application for a protection visa. That allegation arose in the course of a conversation where my colleague complained that compliance was intimidating my client during the course of the BVE interview.

Perhaps it was just a bit of tit for tat....OR...perhaps Compliance in Melbourne is in the grips of some craze about lawful permissible applications and the Code of Conduct.

I have just received an extraordinary piece of correspondence from DIBP asserting that an Australian Birth certificate and possession of an Australian passport is not proof of Australian citizenship.

If you click on the link you will see this amazing piece of correspondence.

The-Citizenship-Question.pdf

Is it utterly futile to try to overturn a decision made personally by the Minister to cancel a person’s visa on character grounds? 

If you have been following the discussion of visa cancellation cases on this blog, that may certainly appear to be the case. 

For a short time, it seemed that a small window might be opening through the decisions of Judge Logan of the Federal Court in the Eden and Stretton cases.   In each of those cases, Justice Logan had essentially concluded that the exercise of the visa cancellation power was legally unreasonable when it was “disproportionate”, or, in His Honour’s “pithy phrase”, when the visa cancellation power was used in a way that was analogous to using a sledgehammer to crack a note.