Court Cases

Court Cases

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.

Court Cases

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.

Court Cases

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.

Court Cases

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.

Court Cases

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.

Court Cases

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.

Court Cases

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.

Court Cases

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.

Court Cases

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.

Court Cases

In this case the applicants were refused their visa because they had been found to have failed the public interest health criteria. We represented the applicants in seeking review of this decision before the Federal Circuit Court. The Court found that the Medical Officer of the Commonwealth had misunderstood Australia’s immigration health test. We won the case for our client and the decision was sent back to the Department for reconsideration.

Court Cases

Ms Guo is a business visa applicant who was rejected both by the Department of Immigration and Citizenship and on appeal by the Migration Review Tribunal. We assisted her to seek review of the decision of the Migration Review Tribunal before the Federal Magistrates Court. In this case both the Minister for Immigration and the Court accepted the legal argument we presented to show that the Tribunal’s decision was flawed. Our client won her case without a complicated hearing and the Tribunal was ordered to consider her case again.

Court Cases

After studying in Australia as an overseas student for several years Ms Veronica Octavia’s permanent skilled visa was rejected as invalid by the Department of Immigration and Citizenship because of a legal technicality. This placed her in a very difficult situation.