System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

How many times have you been told: “The deadline for filing an application for merits review to the Administrative Appeals Tribunal is absolutely fixed, rigid and inflexible! There is no way to get the deadline extended under any circumstances. The Tribunal simply does not have the power to grant an extension of the deadline, even if it were inclined to do so.”

The principle that “the filing deadline cannot be extended” is undoubtedly something that is taught in every course that Registered Migration Agents must take to be eligible for registration with the Office of the Migration Agents Registration Authority.  I even recall that this was something that was taught when I took a course sponsored by the Migration Institute of Australia, a short three-day course on “introduction to migration law for lawyers”.

So it has been an “article of faith” that the filing deadline cannot be extended, no matter what.

...
Continue reading Last modified on
Hits: 376 0 Comments
Rate this blog entry:
0

Posted by on in General

How can you know whether the Tribunal has committed jurisdictional error in carrying out its review of the refusal of a Partner visa?

Is this task as difficult and challenging as figuring out how many angels can dance on the head of a pin?

Or counting how many jelly beans are in a jar on the counter of a candy store?

...
Continue reading Last modified on
Hits: 940 8 Comments
Rate this blog entry:
4

Posted by on in General

The media are reporting that Peter Dutton has resigned his position as Minister for the Department of Home Affairs following his unsuccessful challenge earlier today to Prime Minister Malcolm Turnbull.

Dutton lost the leadership "spill" by a vote of 48 - 35 and will now move to the backbench.

The details are available in this article from the Sydney Morning Herald at this link.

...
Continue reading Last modified on
Hits: 1346 1 Comment
Rate this blog entry:
1

Posted by on in General

How can you tell whether the Tribunal has committed a jurisdictional error (and therefore know whether to recommend to your client that she/he pursue an application for judicial review in the Federal Circuit Court after the Tribunal has made a decision to affirm the refusal of a visa application)?

Perhaps this may seem to be a confounding, existential or metaphysical question, one that can cause you to run screaming down the hallways of your office, tear your hair out, have nightmares, set yourself on fire, jump off the Harbour Bridge, or resort to other “self-help” remedies to avoid having to think about the issue!

Well, if you feel this way, you can take comfort in knowing that you are not alone, and that the question of what is and what is not jurisdictional error is something that is capable of confounding the brightest legal minds in Australia.

...
Continue reading Last modified on
Hits: 1466 3 Comments
Rate this blog entry:
3

Posted by on in General

Do you agree that Public Interest Criterion 4020, as interpreted by the Full Court in the famous Trivedi case, can sometimes operate to have (brutally) harsh results?

If you have any doubt, consider the case of Ashiq v Minister for Immigration& Anor (2018) FCCA 544 (7 March 2018), most recently updated on Austlii 31 July 2018.

The circumstances in this case were that the applicant, a citizen of Pakistan, originally applied for a student visa in February 2012. 

...
Continue reading Last modified on
Hits: 2027 9 Comments
Rate this blog entry:
1
Joomla SEF URLs by Artio

Immigration blog

Westpac Banner
Skilled News Letter – Migration Alliance Summary
Skilled News Letter – Migration Alliance Summary ...
Continue Reading...
Migration (LIN 18/174: Arrangements for Work and Holiday Visa Applications) Instrument 2018
The instrument repeals IMMI 18/102 (F2018L00773) m...
Continue Reading...
Notification of Disallowance - Fast Track Applicant Class
The following Instrument made by Peter Dutton on 2...
Continue Reading...
Free Online Help for Clients Preparing for Their English-language Test
Are your clients wanting to improve their English ...
Continue Reading...