If you are unable to satisfy the character test, your visa may be cancelled or refused. Visa cancellation on character grounds under section 501(2) – tips on how to avoid visa cancellation. In MIBP v Stretton [2016] FCAFC 11, Griffiths J summarised 5 features of the Minister’s cancellation on character grounds under under s 501(2)...Read More

You can request the Tribunal to change your hearing date or adjourn the hearing to later Adjourning & Change AAT hearing date – usually you may ask the Tribunal to either adjourn or change the hearing to another date or day so that you can better prepare yourself. Click here to learn when to apply...Read More

If your visa application is refused and you applied to the AAT, can the Tribunal grant you the visa? Can AAT grant visa? According to Wigney J in the case of Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v PDWL (‘PDWL’) [2020] FCA 394, the answer is yes. PDWL arrived in Australia in...Read More

PIC 4001 & section 501 (Character test) do not apply to Protection visa applicants s501 Apply To Protection Visa applicants? Unless you have been convicted of a particular serious crime, you cannot be regarded as someone who may pose a danger to the Australian community. The Department of Home Affairs should assess your Protection subclass...Read More

If you are an unlawful non-citizen you may be granted a Partner visa if Schedule 3 is waived Schedule 3 Partner Visa – if you are in Australia without a valid visa, you may still apply for a Subclass 820 Partner Visa (click here to learn more). However, at the time of your application you...Read More

866 Protection visa – are you eligible? 866 Protection Visa Claim must be for persecution for a (UNHCR) Convention reason or for a complementary reason under section 36(2)(aa) of the Migration Act. You may be persecuted for a Convention reason because of your religion or political opinion or nationality or race or being a member...Read More

Do I need to comply with visa conditions? Visa conditions – what are they and what do they mean? Section 41 of the Migration Act enables the Migration Regulations to provide for visas to be subject to specified conditions. Reg. 2.05 provide for each visa subclass be prescribed with certain conditions. Visa conditions can be...Read More

Fraud of migration agent and solicitor Visa scams & visa fraud of migration agent or fraudulent conduct of migration agent or a third party can sometimes have the effect of subverting or stultifying the statutory function of the decision maker, such as the AAT or IAA in reviewing the Department’s decision to refuse to grant...Read More

Section 501 character test can be used to refuse or cancel a visa Section 501 character test does not apply to refugees who are owed protection obligations, according to BAL19 v Minister of Home Affairs [2019] FCA 2189. The Minister had accepted that BAL19 fought for the LTTE for 10 years and has worn suicide...Read More

Visa refused and cancelled under section 501 & 501CA Ministerial Direction No 79 Visa Refusal & Cancellation explains that a non-citizen who has committed a serious crime, including of a violent or sexual nature, particularly against women or children or vulnerable members of the community, such as elderly or disabled, should be denied the entry...Read More