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Christopher Levingston Blog

Australian Immigration Law blog

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Christopher Levingston

Christopher Levingston

Accredited Specialist Immigration Lawyer
Convenor of Migration Alliance Inc

Posted by on in General

Dear Colleagues,

Best Wishes to you all for Christmas and the New Year.

All keep safe and relax.

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This case involved an unrepresented applicant who ran his case at the FCC but was unsuccessful.

AAM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1951

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca1951

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The following case at the Federal Court shows what the risks are for unrepresented applicants.

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca1926

Jibal v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1926

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It astounds me that persons who have been granted a protection visa  and who are not  Australian citizens travel overseas to the place from which they have originally fled, to visit family friends and spouses.

I have a case in front of me involving a citizen of Iraq who gained PR as a refugee and over the last 6 years has routinely travelled back to Iraq.

His visa was cancelled by resort to section 128 whilst he was offshore. He now has to seek a revocation of that cancellation.

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A common problem which has been on the boil since the decision in Berenguel

http://eresources.hcourt.gov.au/showCase/2010/HCA/8

A recent enquiry from a Colleague has generated the following draft which may be of assistance to my colleagues generally; the alternative is to simply concede and then throw yourself at the feet of the Minister under section 351 and beg for mercy..

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