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 you are detained for a crime and in immigration detention, you may be able to apply for a criminal justice visa Criminal justice visa is class of temporary visas granted under Subdivision D of Division 4 of the Migration Act 1958. Criminal Justice Entry & Criminal Justice Stay Visa There are 2 kinds of...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
When applying for a visa you are required to satisfy the health criteria or PIC 4005 PIC 4005 health requirements – what are the purposes of PIC 4005 health criteria? protect the Australian community from threats to public healthcontain Australian public expenditure on health and community servicessafeguard the access of Australian residents to health and...Read More
New visa for temporary visa holders to live and work in Australia COVID-19 pandemic event visa – what is this visa? Who can apply? The COVID-19 pandemic event visa is a temporary visa for those who are currently in Australia and could not return to their home country due to the COVID-19 pandemic travel restrictions....Read More
If you are a sponsor certain people, do you know your sponsorship obligations? Sponsorship obligations for standard business sponsors and other sponsors – if you are an approved: Standard business sponsor or a sponsor under a Labour Agreement for TSS 482 visa (click here to learn more about TSS 482 visa); orProfessional development sponsor; orTemporary...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
Are you on a temporary visa and affected by the COVID-19 Pandemic? COVID-19 and visa holders – what you can and can’t do. From 25 March 2020, permanent residents holding a PR visa are restricted from travelling overseas unless they are ordinarily resident in another country. COVID-19 and visa holders – from 23:59 AEDT on...Read More
Australian citizenship by birth Australian citizenship by birth – children born before 20 August 1986 acquired Australian citizen by simply using their birth certificate issued by an Australian Registry of Births, Deaths and Marriages. This is enough to confirm you are an Australian citizen provided your parents were not in Australia as foreign diplomats or...Read More