In line with the Migration Strategy released on 11 December 2023, the Genuine Temporary Entrant (GTE) requirement for Student (Subclass 500) (Student) visas was replaced with a Genuine Student (GS) requirement from 23 March 2024. The new GS requirement The new GS requirement has target questions that provide decision-makers with an overview of the applicant and their reasons for wanting... The post Genuine Temporary Entrant (GTE) replaced with Genuine Student (GS) for Student visas, and increased English language requirements appeared first on Hannan Tew Immigration Lawyers ..read more

Where a non-citizen initiates judicial review proceedings alleging that their request for Ministerial Intervention has been finalised or determined unlawfully, can a Court make an order preventing their removal under s 198 of the Migration Act 1958 until their application is finally determined? Legal Background In the 2023 decision of Davis v Minister for Immigration the High Court determined that... The post An alleged unlawful finalisation of a request for Ministerial Intervention gives the Court jurisdiction to prevent a non-citizen’s removal: Minister for Immigration, Citizenship and Multi ..read more

Does a failure of the Tribunal to make accommodations for a cognitively impaired applicant recommended by a neuropsychologist amount to a denial of procedural fairness? Brief summary In this case, the Minister refused to grant the applicant a Temporary Protection visa under s 501(1) of the Migration Act 1958. The applicant applied to the Administrative Appeals Tribunal (AAT) for review... The post Accommodation of cognitive impairments in Tribunal proceedings: NDBR v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 168 appeared first on Hannan Tew Immigration Lawyers ..read more

If you disagree with a visa refusal decision, you may be able to apply for a “merits review” application to Migration and Refugee (M&R) Division of the Administrative Appeals Tribunal (AAT). The AAT are not bound by the refusal decision made by the Department and will reconsider each case on their own merits. More information about the AAT review process... The post How much will an AAT review cost and how long will it take? appeared first on Hannan Tew Immigration Lawyers ..read more

The issue for consideration in Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16 was whether a decision-maker, deciding whether an applicant for a student visa intends genuinely to stay in Australia temporarily, have to make express findings in relation to all matters prescribed by Ministerial Direction 69 — Assessing the genuine temporary entrant criterion for student visa... The post The application of the GTE criterion for Student Visas: Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16 appeared first on Hannan Tew Immigration Lawyers ..read more

The Administrative Appeals Tribunal (AAT) can and should adjourn applications where the outcome is dependent on some related process being undertaken in accordance with the Migration Act. Brief summary In this case, a family of secondary applicants for a permanent visa applied to the AAT for review of a refusal decision after the primary applicant’s application was automatically refused under... The post Putting cases in the ‘deep freeze’: Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 209 appeared first on Hannan Tew Immigration Lawyers ..read more

The role of evidence, and providing evidence in support of submissions, is crucial in migration-related processes, including visa applications and cancellations. Brief Summary In this case, the Minister refused to revoke the mandatory cancellation of the Appellant’s visa under s 501CA of the Migration Act. One of the central bases on which the Appellant had sought revocation was because he... The post Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199 appeared first on Hannan Tew Immigration Lawyers ..read more

On 8 November 2023, the High Court of Australia’s recently elevated Chief Justice made a brief order dismantling one of the most controversial principles in Australian immigration law for the last two decades: That non-citizens who had been denied entry to the Australian community but who could not be removed to any other country could be lawfully detained indefinitely (NZYQ).... The post The end of indefinite immigration detention in Australia: NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 appeared first on Hannan Tew Immigration Lawyers ..read more

The Australian government released its much anticipated and comprehensive Migration Strategy on 11 December 2023, with a policy roadmap containing 8 key actions and over 25 new policy commitments and areas for future reform. What are the key actions? Going forward, the key actions have been identified as: Introduction of a new Skills in Demand visa (see here for a... The post The Australian government released its Migration Strategy on 11 December 2023 appeared first on Hannan Tew Immigration Lawyers ..read more

To be granted a Resident Return (Subclass 155) Visa (RRV), applicants who have spent long periods of time away from Australia may need to demonstrate that they had “compelling reasons” for their absence. This requirement generally applies to applicants who have been absent for five years or more. Its application depends on one’s travel history and location when applying (whether... The post What are “compelling circumstances” for a Resident Return Visa? appeared first on Hannan Tew Immigration Lawyers ..read more