by Paul Cutler | Feb 11, 2020 | Uncategorized
Both the Migration Act and the Australian Citizenship Act rely on power to make laws with respect to “naturalisation and aliens” (section 51(xix) of the Constitution). The High Court today (11 February 2020) has handed down a very interesting decision in relation to...
by Paul Cutler | Dec 11, 2019 | Uncategorized
The usual rule in the AAT (and other merit review tribunals) is that the law in force at the time of the tribunal’s decision is applied. This can give rise to some to some difficult issues if there has been a change in the law in between when the application is...
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...
