Cases
Salama v Minister for Immigration and Border Protection
[2017] FCA 2
MIGRATION – cancellation of visa under s 109 of the
Migration Act 1958 (Cth) – online visa application
form - where appellant answered "divorced" to question as
to relationship status - whether Tribunal erred in considering
whether the appellant's answer was "incorrect" within
the meaning of s 101 – whether answer of "married"
on online visa application form refers to marriage legally
recognised under Australian law – where Tribunal made
findings as to what was the most correct answer but no finding as
to whether the answer was "incorrect" – where
finding that answer was "at least misleading" or
technically correct does not equate to finding it is incorrect -
appeal allowed.
Singh v Minister for Immigration & Anor [2016] FCCA
3343
MIGRATION – Judicial review of decision of Migration Review
Tribunal (Tribunal) not to grant the applicant Skilled (Residence)
(Class VB) Subclass 885 visa (885 visa) – whether Tribunal
failed to consider medical certificates and applicant's medical
condition when determining whether to grant applicant time to take
a further IELTS test – whether the Tribunal acted
unreasonably in deciding not to give the applicant further time to
take another IELTS test – whether information the Tribunal
obtained from a third party the substance of which the Tribunal
disclosed to the applicant was information to which s.359A of the
Migration Act 1958 (Cth) applied – whether in
finding the applicant had not been honest with the Tribunal and
relying on that finding not to give the applicant further time to
take another IELTS test the Tribunal was obliged to give the
applicant notice of the possibility that it might make such finding
– whether by failing to give such notice the Tribunal made a
jurisdictional error – jurisdictional error found.
Oh and Minister for Immigration and Border Protection
(Migration) [2016] AATA 1079
IMMIGRATION AND CITIZENSHIP – visa refusal –
application for partner visa – failure to pass character test
– discretion to refuse visa on character grounds –
undisclosed criminal record upon re-entry into Australia –
protection of the Australian community – evidence of
rehabilitation – low risk of reoffending – expectations
of Australian community – best interests of minor children
– impact on applicant's family – expert evidence of
negative impact of family separation – decision set aside and
substituted. Migration Act 1958 (Cth), s 501(1).
Allan and Minister for Immigration and Border Protection
(Migration) [2016] AATA 1077
IMMIGRATION AND CITIZENSHIP – mandatory cancellation of visa
– request for revocation of cancellation – character
test – substantial criminal record – drug and alcohol
abuse – Ministerial Direction No. 65 applied – whether
another reason why original decision should be revoked –
primary and other considerations – prospects of
rehabilitation – best interests of child – employment
prospects – decision under review set aside. Migration
Act 1958, ss 499(2A), 501(3A), 501(6), 501(7), 501CA(3),
501CA(4).
Yao & Ors v Minister for Immigration &
Anor [2016] FCCA 3164
MIGRATION – Application for Business Skills (Residence)
(Class DF) subclass 890 visa – review of decision of
Administrative Appeals Tribunal – whether the Tribunal erred
in determining what is a "net asset" for the purpose of
assessing the applicants satisfying cl.890.212 in sch.2 to the
Migration Regulations 1994 (Cth) – whether the
Tribunal miscalculated the applicants loan to the business as a
liability – jurisdictional error – writs issued.
Migration Act 1958 (Cth), s.134; Migration Regulations
1994 (Cth), regs.1.03, 1.11, item 1104B(4) of sch.1,
cll.890.211, 890.212.
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