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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

As the saying goes, "it was too good to last" or "too good to be true".

Or as Joni Mitchell sang "they paved Paradise and put up a parking lot".

Just recently, we had posted news of the decision of Justice Greenwood in Brown v Minister for Home Affairs (No. 2) where His Honour held that the 2015 legislation that amalgamated the Migration Review and Refugee Review Tribunals with the pre-existing Administrative Appeals Tribunal had given the AAT power to extend the deadline for the filing of applications for merits review to the Tribunal.

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Posted by on in General

I am writing to make readers of the MA site aware that there has been a significant decision from Judge Riley of the Federal Circuit Court in Melbourne concerning the genuine temporary entrant requirement which relates to Direction No. 53, now superseded by Direction No. 69.

The decision was in a case called Singh v Minister for Immigration and Border Protection (2018) FCCA 3423 (23 November 2018)  which can be accessed by clicking on this link.

In brief, Judge Riley held that if the Tribunal fails to take into account a "mandatory consideration" that is listed in Direction No. 53 (which binds all decision-makers in their assessment of whether an applicant satisfies the GTE), then jurisdictional error may have occurred.

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I am very pleased to announce the launch of an on-line newsletter for the professional community of Registered Migration Agents and migration lawyers.

The newsletter will be called "The Migration Messenger" and can be accessed at migrationmessenger.com

The Migration Messenger will carry on the valuable news service that I have been providing through the Migration Alliance Website since March 2015, where I have posted about 500 in-depth articles on various current migration topics.

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Posted by on in General

Well, I thought this was going to be a whole lot easier than it has turned out to be! 

On 30 November I was scrolling through the cases on Austlii and came across a case, Singh v Minister for Immigration & Anor (2018) FCCA 3427 (27 November 2018) where it seemed that a judge of the Federal Circuit Court had followed the recent decision of Justice Greenwood in Brown v Minister for Immigration and Border Protection where it was held that the AAT does in fact have discretion to hear an application for merits review even if it is filed after the statutory filing deadline. 

While that is indeed essentially the holding in Singh, and it does now seem clear that the courts will recognise that the AAT filing deadline can be extender under certain, very likely very limited circumstances, the procedural history of the case was as convoluted as it gets and had many twists and turns. 

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Posted by on in General

As noted on my post on this blog on 19 November, there was a crucially important decision by Justice Greenwood of the Federal Court in Queensland in the case of Brown v Minister for Home Affairs (No. 2) where it was held that the AAT does in fact have power to extend the deadline for the filing of applications for merits review.

This decision literally shattered commonly held assumptions and wisdom that it was "settled law" that the filing deadling is absolutely rigid and inflexible and cannot be extended for any reason whatsoever.

The Brown  decsion is more than of  "casual"  or "passing"  interest - it is potentially of great significance to anyone who has had an applicaiton for review dismissed on the basis that it was filed past the filing deadline.

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