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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

How harsh is Australia’s system of visa cancellation under the Migration Act?

Very? Too? Not enough? Does it depend on your point of view?

Take for example the case of Maioha v Minister for Immigration and Border Protection (2018) FCA 1015, decided very recently (9 July 2018) by Justice Perry of the Federal Court.

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Posted by on in General

Can the Tribunal rely on that information as the basis for affirming the refusal of a visa application?

This interesting question was presented in a case that was decided by Judge Riethmuller of the Federal Circuit Court late last week, Gill v Minister for Immigration and Border Protection (2018) FCCA 1726 (29 June 2018).

The background of the case was that the applicant was seeking a “Skilled (Residence)” visa, subclass 887.

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Is applying for a subclass 485 – Temporary Graduate visa as “easy as pie”?

The criteria in Part 485 of Schedule 2 of the Migration Regulations 1994 would “seem” to be straightforward, wouldn’t they?

Step One: Meet the common criteria of clauses 485.212 – 485.215:

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Do miracles, or at least unexpected outcomes, ever happen in migration cases? 

Is it worth pursuing an application for judicial review even where it might seem at first blush that the Minister might have an “open and shut” case? 

Is the Genuine Temporary Entrant criterion for the grant of student visas an insurmountable obstacle? 

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Are you ready for another quiz?

OK, whether you are ready or not, here it is:

Suppose you have a client who has submitted a “bogus document” to the Department in support of an application for a Subclass 485 visa.  There is no argument that the document is in fact bogus.  So your client needs to get a “waiver” of Public Interest Criterion 4020.

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