Visa refusal, Visa Cancellation, Judicial Review, Ministerial Intervention
New Changes to Skilled Visa Priority On October 28, 2022, the Minister of Immigration officially announced that it would streamline the visa application consideration process and expedite the processing of high-priority applications. All visa applications are processed according to the “Order of Considerations” established by the Department Home Affairs. To facilitate more efficiency, the …
Visa cancellations and refusals can occur under many different circumstances and for many reasons. Among one of the most common reasons is the exercise of section 501 of the Migration Act 1958 (Cth), which allows a visa to be cancelled or refused on character grounds, typically relating to criminal offences, though not exclusively. For further …
The right of a non-citizen to reside in Australia is recognized by the Australian government as a privilege, and as such, certain expectations are imposed upon visa holders. Of particular concern to the Australian community relates to criminal conduct by visa holders. In response to this concern, the Department of Home Affairs is given significant …
Wang (Migration) [2021] AATA 3162 Can an invalid visa application be retrospectively made valid? The applicant applied for a Subclass 600 (Visitor) visa on 14 April 2020 where he was required to make the valid application within 28 days after the ‘relevant day’ pursuant to the Criterion 3001. The relevant day in the present circumstances …
![TRIEU (Migration) [2020] AATA 4716](https://visaplan.au/wp-content/uploads/2020/12/44-1024x726.jpg)
Did the Tribunal get it wrong in this partner visa? What are “compassionate and compelling circumstances?”
The Tribunal has a duty to consider all the evidence before it, but what happens when it doesn’t?
It’s easy to assume that decisions you disagree with are unreasonable but proving it in court is not so simple.
Offord Migration [2019] AATA 921 Evidence before the Department Unsecured Loan Agreement dated 5 December 2011 between the applicants and their son, Simon Offord, acknowledging the loan of $196,350 and Simon’s obligation to provide security for the loan at any time as requested. Title deed for the property situated at 61 Kiabora Drive, Widgee, …
Chen Migration [2019] AATA 4282 Facts On 28 September 2017, a delegate of the Minister granted Mr. Kuan the student visa but refused Ms Chen’s secondary application on the basis that their partner relationship did not satisfy the requirements in clause 500.311 of the Migration Regulations. The delegate noted that in order to meet the …
