Insights - Kinslor Prince Lawyers

Insights

The new student visa merits review regime

1 June 2026

Historically, the right for an applicant to appear at an oral hearing and argue their case in person has been a critically important aspect of our merits review system at the former Administrative Appeals Tribunal (1976 to 2024) and Administrative Review Tribunal (current).

That changed with the passing of the Administrative Review Tribunal and Other Legislation Amendment Act 2026 which amended both the Administrative Review Tribunal Act 2024 CTH and the Migration Act 1958 CTH.

Insights

Federal Court of Australia finds Minister’s decision lacked “rational foundation”

15 May 2026

Our client has succeeded against an appeal by the Minister for Immigration to the Full Court of the Federal Court of Australia in Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v KFTJ [2026] FCAFC 52. The Minister argued that his decision to cancel KFTJ’s visa was lawful, but the Court found that Minister’s decision was fundamentally flawed and lacked a rational foundational.

Insights

Expertise Matters

19 April 2026

Mr Singh applied for a Partner visa in 2012. Eight years, three Tribunal hearings and multiple court cases later Kinslor Prince Lawyers successfully argued that his case had not been properly decided. The Federal Court of Australia accepted that, even when considering Mr Singh’s case for the third time, the Tribunal "simply forgot to deal with evidence".