by Paul Cutler | Nov 14, 2019 | Uncategorized
Determining when time limits expire can be more complicated than you might first think. Recently in Wang [2019] AATA 4163 the AAT had to grapple with the meaning of clause 187.232(1)(bb) (in schedule 2 of the Migration Regulations) which set a time limit for english...
by Paul Cutler | Nov 3, 2019 | Uncategorized
It’s unsurprising that decisions made by the Minister (or his delegate) have to notified to a visa applicant. Particularly in the case of refusals,notification in accordance with the law is important for two reasons: firstly, the notification has to give reasons...
by Paul Cutler | Oct 8, 2019 | Uncategorized
I have previously blogged about how inconsistency is dealt with in judicial review applications. Inconsistency can lead to adverse credibility findings, which are usually seen by the courts as encroaching into the realm of merits review (which is impermissible). That...
by Paul Cutler | Sep 24, 2019 | Uncategorized
It is impermissible in judicial review for courts to embark on an assessment of the merits of the decision under review. The focus is on the legality of the decision. A finding about credibility (or lack of it) is “the function of the primary decision-maker “par...
by Paul Cutler | Sep 11, 2019 | Uncategorized
Whether or not someone is of good character is an issue which can arise in migration law as the basis for refusing or cancelling a visa. Character is also an issue which has to be considered in the context of applications for citizenship. Unlike the Migration Act, the...
