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Christopher Levingston Blog

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Christopher Levingston

Christopher Levingston

Accredited Specialist Immigration Lawyer
Convenor of Migration Alliance Inc

Posted by on in General

The following decision illustrates the principles underpinning the characterisation of what is unreasonable if the AAT refuses an adjournment application.

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0040

BKQ16 v Minister for Immigration and Border Protection [2019] FCA 40

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Posted by on in General

A recent decision of the federal court will be of interest to practitioners dealing with PIC 4020.

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0052

Fati v Minister for Home Affairs [2019] FCA 52 

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A recent decision of the Federal Court constituted by Perry J highlights the role of a Mr Satchi, apparently not a Solicitor or an RMA, in the conduct of a case...

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0029

Singh v Minister for Home Affairs (No 2) [2019] FCA 29

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Beni v Minister for Immigration and Anor [2018] FCCA 756

On 18 December 2018 the Full Federal Court in the case of Beni found that the decision in Brown No2 was incorrectly decided and that there was no provision for an extension of time in the filing of applications at the AAT in migration matters generally from a first instance decision of DOHA. 

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This is hot off the press...http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/1997/1997fca0809

As a general rule where an applicant is successful at the FCC or Federal Court and the matter is remitted back to the AAT for reconsideration then the same member should not hear the matter again.

This is a perfectly reasonable conclusion and you should insist on  in every case. 

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