Update on serve or give

I have previously blogged about about the Full Federal Court decision in EFX17. It was my view that the Full Court had it right and it was only procedurally fair that a requirement of “understanding” was implied in the giving of notices under the Migration...

Credibility reversed

This is not the first time that I have blogged about credibility, but I re-iterate that (adverse) credibility findings are the bane of the applicant lawyer’s life. The main reason is that usually (there are exceptions) an adverse credibility finding by a...

Back to the future

A brief (recent) history of the regulation of the migration advice profession in Australia: In 1992, the Migration Amendment Act (No 3) 1992 (Cth) introduced, the Migration Agents Registration Scheme; Under that scheme, practising lawyers (who could previously give...

Personal costs

There is specific power in section 486E Migration Act, to make personal costs orders (against advisers). As Rangiah J explained in SZTMH v Minister for Immigration and Border Protection (2015) 230 FCR 550, there is a balance. On one hand there is a clear intention to...

Fraud or unreasonableness?

The cases of Minister for Home Affairs v DUA16 and Minister for Home Affairs v CHK16 [2020] HCA 46 highlight an interesting application of legal unreasonableness to what appears to be case of fraud. It was common ground that the applicants in these cases (and probably...