Australian Immigration Daily News

A decision that was handed down by the Federal Circuit Court on Monday of this week (5 December 2016) highlights the vulnerability of people who are being held in immigration detention and the obstacles that they can encounter when they seek to exercise the rights that are supposedly available to them under the Migration Act. 

The case was Singh v Minister for Immigration & Anor (2016) FCCA 3060. This was the story:

Mr Singh was in immigration detention for reasons that are not explained in the Court’s judgment.

Is there anything you can do when the odds seem to be hugely stacked against your client?

When it looks like there’s practically no possibility of getting a positive outcome?

A case that was handed down by the Federal Court yesterday, 7 December, Tesic v Minister for Immigration and Border Protection (2016) FCA 1465 shows that what may appear to be impossible on the face of a situation can actually (at least some times!) be overcome. And that if you never give up, turn over every stone, and put every relevant document under the microscope, then yep, you may have a shot at pulling off what may seem like a miracle.

I was thinking about what I actually give a f**k about and in that mild digression I realised that there are many things I don't give a f**k about.

What I don't give a f**k about are the proposed changes to the SOL and the 457 visa. I also don't give a f**k about cases being refused by DIBP, I don't give a f**k about cases being refused by the AAT. I also don't give a f**k about the whole Migration Act and regulations being fundamentally unfair.

I think deciding not to give a f**k about these things and a billion other things I have no control over is liberating and when I really think about if the SOL and the 457 visa is changed, DIBP refuses cases and the AAT affirms decisions and that the Migration Act and the Regs are unfair then that means more work for me. Now that is something I do give a f**k about!

So, “my fellow Amurricans”, is every new tweet and ill-considered phone call by Trump still giving you the creeps and making you think to yourself: “Get me out of here to someplace sane as fast as my legs will carry me?”

Did you read our earlier post  about what a wonderful safe haven Australia is in a world that seems to get nuttier by the minute and think: "Yeah, Australia sounds fantastic but getting a visa might be oh so hard!" (not  as hard as you may think, especially with the help of a Registered Migration Agent!!!!)

Remember the Mad Max movies? Yes there is life here in Australia even after the Apocalypse!

How strictly should the character provisions of the Migration Act be administered?

Should it be the case that a person who has been convicted in an overseas jurisdiction of committing a sexual offence against a child should never, ever be allowed to enter Australia, no matter what?

What if the applicant fails to disclose the conviction on his visa application? Should that be the end of the matter? Visa application refused and case closed?