Australian Immigration Daily News

Sometimes, you can learn a lot more from studying a case that was ultimately unsuccessful than you can from a case where everything went perfectly from the start, it all went swimmingly, and the applicant was granted the visa that she or he applied for. 

The cases where things have gone “pear-shaped”, or run off the rails, show us where the pitfalls and potholes are, alert us to issues that we need to be aware of, and show us how to avoid running into similar problems in the future. 

A case that was decided last week, Singh & Anor v Minister for Immigration & Anor (2017) FCCA 192 (7 February 2017) provides a perfect example. 

Not so fast!

Readers of this blog will recall my recent article commenting on the nightmarish visa ban that was imposed in America through Trump's Executive Order (currently being litigated in the Federal Court system in the US), as well as my suggestion that: "It won't happen in Australia". 

Well, it sure seems like I may have spoken too soon!

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Suppose you have a client who has made an application for a Business Innovation and Investment (Provisional) visa, Subclass 188 under the Significant Investor Stream (wouldn’t all RMAs like to have such clients!)?

Suppose further that the application has been refused at first instance by the Department and then an application for merits review has been made to the Tribunal.

Suppose yet further that at the hearing the Tribunal raises an issue as to whether the applicant has yet made the “complying investment”. 

Under what circumstances can the Tribunal decline to consider a claim of family violence?

Ever or never?

That’s a timely question and an important one for RMAs who work with partner visa applications.