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
...
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.
...
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..
...
In recent weeks I have noticed that the Invitation to a hearing at the AAT, apart from including details of the hearing date and time as well as the Member now appear, on a regular basis, to include an "Invitation to comment or respond".
The failure to respond to the "invitation to comment or respond" within the time frame specified, which may or may not be the date of the hearing,can lock your client out of a merits review at the AAT who, absent a reply can proceed to determine the Application "on the papers".
Previously it was the practice of the AAT to issue a standalone "Invitation to Comment or Respond" which very clearly set out what information was required and when.
...
Here is a tip for the busy practitioner.
If you are doing a ministerial intervention request try to get the local Federal member involved.
If the press get on board....even better!
...
Login / Join
