Australian Immigration Daily News

How can you figure out if the Tribunal has committed a jurisdictional error, and that your client has good prospects of success if you seek judicial review in the Federal Circuit Court? 

Read tea leaves? Consult a Ouija Board, a fortune teller or a crystal ball? Buy an “8” Ball? Seek guidance from Donald Trump’s debate advisers? OK, from Hillary’s advisers? Email Christopher Levingston? 

It ain’t always so easy to know!!! 

There are times when the fate of a visa application can turn on a seemingly complex or obscure legal question. 

This is equally true in the case of an application for judicial review of a decision by the Tribunal to affirm the refusal of an application: fine points of law can and do make a difference. 

And there are times where the failure of the Tribunal to comply with the requirements of section 359A of the Act to give an applicant “clear particulars of any information that the Tribunal considers would be the reason, or part of the reason, for affirming the decision that is under review”,  and to give the applicant an opportunity to comment or respond to the information, can prompt a Court to conclude that the Tribunal has committed jurisdictional error, such that the Tribunal’s decision is “quashed” or overturned.  

The Assistant Minister for Immigration and Border Protection, Alex Hawke, has issued a media release which states that the Turnbull Government intends to introduce a new "temporary sponsored parent visa" in 2017.

According to the media release, the new visa will allow "Australians" (presumably the typical formula of citizens, permanent residents and eligible New Zealand citizens?) to sponsor their parents to stay in Australia for up to 5 years.

To which one can only say: "About time!" and "Hallelujah!!!!"

There was a very disturbing story over the weekend in the Sydney Morning Herald concerning the alleged misconduct of a high-profile Sydney migration lawyer who recently died, Mr David Bitel. 

The story was reported by Nick O’Malley and ran under the headline: “Death of lawyer David Bitel denies justice for rape victims”.  

According to the story, Mr Bitel was, at one time, the president of the Refugee Council of Australia, chairman of the Australian Refugee Foundation and the Refugee Advice and Casework Service and the lead partner at the well—known Sydney law firm Parish Patience Immigration Lawyers. 

Can love conquer all? 

Or does the law sometimes have the power to conquer love? 

What if you have a client who has been in Australia on a Working Holiday (Subclass 417) visa – is there any way that you can help them get a Visitor visa (Subclass 600) to enable him to stay in Australia beyond the expiration of the Working Holiday visa so that he can stay in Australia with the partner of his dreams until the end of her own Working Holiday visa?