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 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: 652 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: 1199 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: 1260 3 Comments
Rate this blog entry:
2

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: 1757 8 Comments
Rate this blog entry:
1

Posted by on in General

 Would you be willing to believe that there are occasions when an application for judicial review of a decision of the Tribunal is sometimes relatively easy?

And that sometimes the Tribunal makes an obvious mistake – one that is so obvious that you have to wonder why the case ever went to final hearing before a judge of the Federal Circuit Court? And why the Minister and his legal representatives did not simply concede that a jurisdictional error had been made, and that the case should be remitted to the Tribunal for “re-determination in accordance with law”?

Just such a case was recently reported on Austlii, Thapa v Minister for Immigration & Anor, (2018) FCCA 2182 (10 August 2018).

...
Continue reading Last modified on
Hits: 1414 1 Comment
Rate this blog entry:
2
Joomla SEF URLs by Artio

Immigration blog

Westpac Banner
Trades Recognition Australia - Update on the Assessment Criteria
Trades Recognition Australia (TRA) is a skills ass...
Continue Reading...
Fostering Integration Grants
On 18 September 2018 the Minister for Immigration,...
Continue Reading...
South Australian and New South Wales State List Updates
South Australia  South Australian Government...
Continue Reading...
When Is a Partner Visa Case A Good Candidate for Federal Circuit Court?
How can you know whether the Tribunal has committe...
Continue Reading...
JSC on Migration to discuss education agents at hearing: 19 September in Canberra
The Joint Standing Committee on Migration will dis...
Continue Reading...