by Paul Cutler | Aug 28, 2020 | Uncategorized
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...
by Paul Cutler | May 29, 2020 | Uncategorized
Makhmudkhodjaeva v Minister [2020] FCAFC 88 is 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...
by Paul Cutler | Apr 14, 2020 | Uncategorized
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...
by Paul Cutler | Mar 25, 2020 | Uncategorized
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...
by Paul Cutler | Mar 2, 2020 | Uncategorized
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...
