Australian Immigration Daily News

When is work “work”?

When have you spent too much time working as a cab driver?

Yep, if you thought you could continue to do migration work and avoid imponderable questions like this, you were sadly mistaken! And yes, it is too late to contemplate doing any other type of occupation!

The news over this past weekend about the Executive Order that was signed by Trump may cause worry and concern to the holders of Australian visas as to whether anything similar could possibly happen in Australia. 

As many news articles have reported, the Executive Order attempted to impose the following restrictions on immigration into the US:

* Indefinitely barred Syrian refugees from entering the US;

What if the Department has refused your client’s application for a partner visa, and the Tribunal has in turn affirmed the refusal.

Suppose the evidence in support of the genuineness of the spousal relationship between your client and his sponsor is also pretty “thin”?

For example, what if your client and the sponsor had only known each other for 2 months before they married, had met with each other  on only six or seven separate occasions before the wedding, and the marriage took place shortly before the applicant’s student visa was due to expire?

Does anyone out there doubt that the visa cancellation powers under the Migration Act can be exercised by the Department/Minister a way that is harsh and oppressive?

If you are not yet convinced that this is the case, there is another prime example from a case that was decided by the Full Court of the Federal Court in late December – Parker v Minister for Immigration and Border Protection (2016) FCAFC 185 (20 December 2016).

Readers of this blog may recall the factual background of this case from our article about the decision made by the Federal Court in Parker v Minister for Immigration and Border Protection (2016) FCA 938.

Suppose your client has applied unsuccessfully for a visa.

Suppose further that your client has sought review of the Department’s decision before the Administrative Appeals Tribunal, and then, before the client has been notified of the hearing, has obtained a Bridging Visa B and has gone overseas. 

And suppose that while the client is overseas, the Tribunal finally issues notice of a hearing.