Court Cases

Court Cases

YNI Pty Ltd v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2026] FCFC2G 1020 (4 June 2026)

Up until its removal in 2018, the requirement to show satisfaction of training benchmarks was one of the most complex and labyrinthine requirements of subclass 186 Employer Nomination Scheme nomination applications. Generally, companies seeking to nominate skilled migrants for ENS visas needed to satisfy one of two training benchmarks during their standard business sponsorship period. In the case of YNI v Minister the company did not satisfy either of the training benchmarks. Instead, it relied upon arguments that it was reasonable to disregard the training requirements in the circumstances of the case.

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Court Cases

Minister for Immigration and Multicultural Affairs v AMU19 [2026] FCAFC 29

Our client won his appeal to the Federal Circuit and Family Court of Australia and the Minister for Immigration and Citizenship appealed to the Full Court of the Federal Court of Australia. By 3-0, the Full Court dismissed the Minister’s appeal and agreed with the primary judge the Administrative Review Tribunal had acted unreasonably. The decision leaves open the possibility that visa applicants who have been ‘ghosted’ by their representatives at the Tribunal and missed their Tribunal hearing might be given a second chance of a hearing like AMU19 has been given.

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Court Cases

KFTJ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 958

After KFTJ’s visa was reinstated by the Administrative Appeals Tribunal the Minister for Immigration overrode the Tribunal’s decision leaving KFTJ without a visa. The Federal Court of Australia decided that the Minister acted unreasonably.

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Court Cases

Ngatupuna v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 390

Mr Ngatupuna’s visa was cancelled on character grounds and the Administrative Appeals Tribunal affirmed the decision not to revoke his visa cancellation. The Federal Court of Australia set aside the Tribunal’s decision on the basis that the Tribunal had not properly considered Mr Ngatupuna’s claims regarding his family and community ties in Australia.

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Court Cases

XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6

The applicant had lived in Australia since 1992. In 2016 his visa was cancelled on character grounds and then the cancellation revoked. His visa was cancelled for a second time in 2018 and XJLR was unsuccessful having this cancellation revoked at the Administrative Appeals Tribunal. The Full Court of the Federal Court of Australia found that the second cancellation was unlawful.

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Court Cases

DFQ17 v Minister for Immigration and Border protection [2019] FCAFC 64

DFQ17’s application to the Administrative Review Tribunal was rejected for being lodged too late and she could not seek an extension of time. We assisted DFQ17 before a Full Court of the Federal Court of Australia and the Court ordered the Tribunal to accept her application.

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Court Cases

Hands v Minister for Immigration and Border Protection [2018] FCAFC 225

Mr Hands had lived in Australia since he was 3 years old. His visa was cancelled on character grounds after he had been living in Australia for more than 42 years and the Assistant Minister decided not to revoke his visa cancellation. The Full Court of the Federal Court of Australia quashed the Assistant Minister’s decision on the basis that he made a central finding of fact without any probative foundation.

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Court Cases

Schmidt v Minister for Immigration and Border Protection FCA 1162

Mr Schmidt sought judicial review of a decision of the Assistant Minister for Immigration and Border Protection not to revoke a decision to cancel Mr Schmidt’s class BF Transitional (permanent) visa under s 501(3A). The Federal Court of Australia quashed the decision by the Assistant Minister and ordered that Mr Schmidt be granted an extension of time to file an application for review of the decision made by the Assistant Minister.

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Court Cases

Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32

DZU16 was given another chance by the Full Court of the Federal Court of Australia after his protection claims were rejected by the Immigration Assessment Authority (IAA). The Court cancelled the IAA’s decision because it did not give DZU16 a fair chance to present his case.

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Court Cases

Gong v Minister for Immigration & Anor FCCA 561

Mr Gong was in Australia on a student visa undertaking post graduate research. After he was charged by police with criminal offences he was granted bail. However, his visa was later cancelled by the Department of Immigration on the basis that he may be a risk to the Australian community. The Tribunal decision affirming cancellation was found to be unreasonable by the Federal Circuit Court.

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Court Cases

SZSXV & Anor v Minister for Immigration & Anor FCCA 1584

We represented protection visa applicants, a husband and wife, who had been unsuccessful before the Refugee Review Tribunal. They had both claimed that they were at risk of persecution in Iran because they were Christian converts. The Refugee Review Tribunal invited both of them to a hearing but only asked questions about the claims of the applicant husband.

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Court Cases

Riaz & Anor v Minister for Immigration & Anor [2013] FCCA 2244

Mr Riaz applied for a subclass 485 skilled residence visa in Australia. This application was refused on the basis that he did not meet the Australian Study Requirement because he recieved advanced standing for some of his subjects.

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