At the end of last year, on 14 December 2017, the Full Court handed down a decision, He v Minister for Immigration and Border Protection & Anor (2018) FCAFC 206 that is an exceptionally important tool for challenging adverse decisions of the Administrative Appeals Tribunal affirming the refusal of partner visa applications.

It would have been easy to miss the He decision, given that it was handed down shortly before Christmas and the December – January summer holidays, when our thoughts turn (temporarily!) away from full-time  preoccupation  with migration issues, and towards sun, sand, surf, surfing, barbecues and even to avoiding bluebottles, brown snakes and blue-ringed octopi at the beach!

But the case really oughtn’t to be missed. It is perhaps the most consequential court decision relating to partner visas since the Full Court’s (revolutionary) decision on “Schedule 3” issues in Waensila, which was handed down in March 2016.

Are Australia's migration laws overly strict and punitive when it comes to visa cancellations? 

Do they run roughshod over our expectations of procedural fairness, natural justice and the presumption of innocence? 

I will share with you the story of a case that I recently handled in the Federal Circuit Court. 

For everyone trying to lodge the last of the 457s at the moment please see the message an agent has received in the last hour from the DHA:

It is really amazing, astounding and astonishing how long certain issues can continue to “linger”, even after an amendment has been made to the Migration Act.

A recent case from the Federal Circuit Court, Kaur v Minister for Immigration & Anor (2017) FCCA 3369 (12 December 2017) which just “surfaced” on Austlii provides a prime example!

Readers may recall that the Migration Legislation Amendment (Student Visas) Act 2012, which came into force on 12 December 2012, amended the Education Services for Overseas Students Act 2000 (“ESOS”)to end the “automatic” cancellation of student visas under section 137J of the Migration Act.

What do you do next when your client wishes to sponsor a visa holder on the new TSS visa, however they don't meet one or a number of nomination or visa requirements under a SBS? Now with the new TSS stream coming in mid-March it gets even messier. 

That's when you turn your attention to the possible option of a TSS compliant Labour Agreement. 

This OMARA approved activity (WK261) is an exclusive 4 hour CPD/CLE event in our Labour Agreement Workshop Series presented by Alan Chanesman, one of Australia's most recognised and distinguished migration law experts and educators in this very specialised field.