Australian Immigration Daily News

How unusual is it for a judge of the Federal Circuit Court to call for reform of the migration legislation?

Or to include in the reasons for decision criticism of the inflexibility of the provisions which prevent the Tribunal from extending the deadline for filing an application for merits review of a refusal of a visa application, or other decision of the Department?

Would you agree that it would be safe to say “very”? Or even “very very!!!”?

Are you ready for a quiz?

Or to be a member of the AAT for the day?

Well, ready or not, here it comes!

Can the anxiety that may be suffered by the sponsor of an applicant for a partner visa be a “compelling reason” to waive Schedule 3 criteria so that an application made onshore in Australia can be granted? 

This is a question that commonly arises in partner visa cases, and it was the subject of a recent decision by Judge Emmett of the Federal Circuit Court, Elhendy v Minister for Immigration & Anor (2018) FCCA 1140 (22 May 2018). 

The circumstances of the case were that the applicant is a citizen of Egypt. He originally entered Australia on a short-stay business visa (subclass 456). When that visa ceased, he remained in Australia for a period of time as an unlawful non-citizen, until he applied for a Protection visa.

Easy–peasy–pumpkin–easy?

Is an application for a Temporary Graduate – Subclass 485 visa as “easy as pie”?

Is it true that there is “nothing more to it” than finishing one’s studies in Australia, then submitting your application on-line through ImmiAccount?

Amazing.  Simply amazing. Not to mention, appalling!

I am referring to the case of Ms Oguchukwu Odinkaeze that was recently heard before the AAT: Odinkaeze (Migration) AATA 1295 (17 May 2018).

What is amazing and appalling about this case?