Australian Immigration Daily News

Beware, beware, beware, be aware!

So-called “time of application” criteria can be a genuine trap for the unwary, and can cause a visa application to blow up, with dire consequences for the applicants.

A case in point is a decision of the Administrative Appeals Tribunal that was recently brought to the writer’s attention by our colleague,  Dr Sirous Ahmadi (as of this date, not reported on Austlii).

Followers of this Website will recall that we have reviewed a number of cases where New Zealand citizens who have lived in Australia since early childhood have had their visas cancelled on character grounds. 

In the majority of those cases, challenges that have been brought against the visa cancellations have not been successful. 

This is what makes a recent decision of the Administrative Appeals Tribunal, in the case of Engi and Minister for Immigration and Border Protection (Migration) (2017) AATA (12 September 2017) unusual and remarkable. 

Who can meet the definition of being a “dependent child” in order to be eligible for a Child Residence visa? 

Clause 1.03 of the Migration Regulations 1994 defines the term “dependent child” to mean a child or step-child who is not in a spousal or de facto relationship and is not engaged to be married, and who falls into one of 3 distinct categories: 

* (a) the child has not yet turned 18 years of age;

With many people now turning to the internet to look for professional services or advice, such as the service of a migration agent, it’s important not to get left behind when it comes to promoting your business online.

Fortunately, there are a few things you can do to make your business stand out and help potential clients find you.

Create a website

Bridging Visas for many remains a tricky area in the Australian immigration law for a number of reasons.  For example, an applicant may be granted a Bridging Visa, however this Bridging Visa may not come into effect until certain event/s occur.  An applicant may be granted a Bridging Visa ranging from Bridging Visa A to Bridging Visa R.  In general, the further you work down the alphabet, the less beneficial will be the Bridging Visa (with exception to Bridging Visa B) becomes in terms of ability to travel and/or work.

What is a Bridging Visa?