Interpreted generously but…

Tran v Minister for Immigration and Border Protection [2019] FCAFC 126 is another sad character cancellation case. Mr. Tran moved to Australia at the age of 15 after he escaped from Vietnam with his brother and lived in a detention center in Hong Kong for a number of...

Logical Connection

  There are only very limited grounds on which fact finding can be challenged on a judicial review application. This is highlighted by MZZGE v Minister for Home Affairs [2019] FCAFC 72. In that case, the Applicant (pregnant with a second child) said she would be...

Active Intellectual Process

It is a principle of administrative law, that decision makers must give ‘proper, genuine and realistic consideration to the merits of the case’ before making their decision. If they fail to do so, the decision will be “infected” with jurisdictional error and be liable...

Lodgement and Bounced Emails

The recent Full Federal Court case of Russell v Minister for Home Affairs [2019] FCAFC 110, demonstrates how the lodgement of review applications by email can be fraught with problems. The basic facts are: Ms Russell (a NZ citizen) was in prison and had her visa...

Time limits and Schedule 3

What happens if your visa expires and you find yourself unlawfully present in Australia? Apart from leaving the country, the range of further visa options open to you are severely limited. The general rule is that you need to have a valid visa to make a valid...