Jurisdiction and the risotto

Much to the frustration of many clients, fact finding by the AAT is not normally able to be challenged in judicial review proceedings in the courts. One very limited exception to that proposition is if the fact finding is “irrational, illogical and not based on...

Not necessarily de facto

Makhmudkhodjaeva v Minister [2020] FCAFC 88┬áis a recent Full Court case about refusal to approve a sponsorship in relation to a child visa. If the child’s mother had a partner (either de facto or by marriage) then that person (Mr M) would need to meet the...

AAT Procedure

From the time that an application for review is lodged in the AAT to the time it is determined in a hearing is “around 470 days” (or about 15-16 months). There are however, provisions for “priority processing” and for a “fast track...

Schedule 3

The general rule when applying for visas onshore is that you need to hold a valid visa to be able to apply for a visa of a different class. One of the exceptions is applications for a partner visas. However, if you don’t hold a substantive visa when you apply...

Serve or give?

Many of the court decisions about visa cancellation on character grounds are focussed on the reasons for the cancellation. However, once a cancellation decision is made, section 501CA(3) Migration Act requires the Minister to, as soon as practicable after making the...