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Posted by on in General

Is it possible to salvage a visa application for employer-sponsored employment after the original nomination has been refused, simply by lodging a new nomination of the proposed position?

Can lodging a new nomination enliven the Tribunal’s jurisdiction to hear an application for review of a decision by the Department to refuse the visa application?

Is this a way of solving a situation where no application has been made to the Tribunal for merits review of the refusal of the nomination of the position?

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Just how important is it for Registered Migration Agents to keep records concerning their communications with the Department, whether by email or by post?

Especially when the communication in question is intended to notify the Department of a change in the agent’s contact details for the purposes of receiving notification of a decision to refuse a visa application.

The lesson is illustrated by a case that was recently decided in the Federal Court, Bui v Minister for Immigration and Border Protection (2017) FCA 714 (23 June 2017).

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Dear Colleagues,

I want to invite you to come to the MA conference which is being held at  Westpac- The Arena, Level 1, Tower 2, Barangaroo, Sydney 2000 on 21 July 2017.

I have negotiated a special deal for all of  my regular CPD attendees ( all 40 of you) to pay $1 for 3 CPD Conference points.

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Migration cases can have a wacky, winding, crazy, tortured history, can’t they?

Our colleague Rajinder Bassan has brought just such a case that he recently handled to our attention, Khurana (Migration) (2017) AATA 1031 (19 June 2017).

This was the history:

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When does an officer of the Australian Border Force have legal authority to search someone’s mobile phone in immigration clearance?

That question was presented in a case that was recently considered by Judge Dowdy of the Federal Circuit Court in a recent case, DOZ16 v Minister for Immigration (2017) FCCA 1157 (6 June 2017).

These were the circumstances of the case:

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