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Archive for the ‘Immigration Law update’ Category

Zhang v Minister for Immigration and Citizenship & Anor [2010] HCATrans 61 (12 March 2010)

Friday, April 16th, 2010

Our new case in the High Court of Australia

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Minister for Immigration and Citizenship v SZIAI [2009] HCA 39

Thursday, December 10th, 2009

Minister for Immigration and Citizenship v SZIAI [2009] HCA 39Last Updated: 24 September 2009

Immigration – Refugees – Review by Refugee Review Tribunal (“RRT”) – Whether failure to make certain inquiries was unreasonable or constituted failure to conduct review within meaning of Migration Act 1958 (Cth), s 414 – Whether failure to inquire constituted jurisdictional error.

 Immigration – Refugees – Review by RRT – Where RRT received allegation that documents provided by visa applicant were “fake & forged”, invited applicant to comment in writing, but failed to invite him to further hearing – Whether such failure amounted to denial of procedural fairness, breach of Migration Act 1958, s 425, or failure to conduct review within meaning of Migration Act 1958, s 414 – Whether allegation of forgery raised new “issue” within meaning of Migration Act 1958, s 425. (more…)

Minister for Immigration and Citizenship v SZJGV [2009] HCA 40

Thursday, December 10th, 2009

Minister for Immigration and Citizenship v SZJGV; Minister for Immigration and Citizenship v SZJXO [2009] HCA 40 (30 September 2009)

Last Updated: 30 September 2009

Immigration – Refugees – Review by Refugee Review Tribunal (“RRT”) – Where RRT not satisfied that visa applicants engaged in Falun Gong-related activities in Australia otherwise than for the purpose of strengthening claims to be refugees – Where RRT drew adverse inferences about visa applicants’ credibility from visa applicants’ participation in Falun Gong-related activities in Australia – Whether Migration Act 1958 (Cth), s 91R(3) permitted RRT to use evidence of conduct in Australia to make findings adverse to visa applicants’ claims to be refugees. (more…)

Minister for Immigration and Citizenship v SZIZO [2009] HCA 37

Thursday, December 10th, 2009

Minister for Immigration and Citizenship v SZIZO [2009] HCA 37 (23 September 2009)

Last Updated: 23 September 2009

Immigration – Refugees – Review of visa application before Refugee Review Tribunal (“RRT”) – First respondent appointed third respondent as his “authorised recipient” to receive documents in connection with his review – Section 441G(1) of Migration Act 1958 (Cth) (“Act”) required RRT to give review documents to authorised recipient instead of first respondent – RRT gave a notice inviting the respondents to attend a hearing to first respondent but not to authorised recipient – All respondents attended the hearing and no unfairness or prejudice arose from non-compliance with s 441G(1) of Act – Whether non-compliance with procedural steps in s 441G of Act compels conclusion that decision is invalid – Whether circumstances amount to denial of natural justice. (more…)

Zhang v Minister for Immigration & Anor [2009] FMCA 196 (9 March 2009)

Friday, October 30th, 2009

MIGRATION – Criminal justice stay certificate and visa – cancellation – operative decision taken by Attorney-General – applicant granted visa as potential witness in prosecution – arguable case that he was denied procedural fairness – application for summary dismissal refused – interim injunction made – referral for legal assistance.
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ZHANG v MINISTER FOR IMMIGRATION & ANOR (No.2) [2009] FMCA 458

Friday, October 30th, 2009

MIGRATION – Attorney-General’s decision to cancel criminal justice certificate – no hearing afforded – breach of natural justice – whether futile to grant relief – possibility of different decision – decision quashed – consequential relief in relation to criminal justice visa – order restraining Minister for Immigration from acting on invalid cancellation. (more…)

Minister for Immigration and Citizenship v Zhang [2009] FCAFC 129

Friday, October 30th, 2009

MIGRATION – appeal from decision of Federal Magistrate that cancellation by the Attorney-General of a criminal justice stay certificate was invalid – rules of natural justice do not apply to the cancellation of a criminal justice certificate pursuant to s 162(1) of the Migration Act 1958 (Cth) – relevant perspective for the exercise of the power to issue or cancel a criminal justice certificate is that of the administrators of the criminal justice system, not the subject of the certificate – evidence before the delegate was sufficient foundation for the making of the decision to cancel the certificate – appeal allowed (more…)

Minister for Immigration and Citizenship v Kamal [2009] FCAFC 98

Thursday, August 27th, 2009

MIGRATION – application for Student (Temporary) (Class TU) visa under the Migration Act 1958 (Cth) – criteria for subclass 572 visa – requirement to demonstrate English language proficiency in accordance with Schedule 5A of the Migration Regulations 1994 (Cth) – meaning of “[a test] taken less than two years before the date of application” – whether provision requires that test be taken prior to date of application or whether it can be taken after date of application (more…)

KAMAL v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 238

Thursday, August 6th, 2009

FEDERAL MAGISTRATES COURT OF AUSTRALIA
KAMAL v MINISTER FOR IMMIGRATION & ANOR [2009] FMCA 238
MIGRATION – MRT decision – on shore student visa – English language proficiency criteria – assessment level 4 criteria for subclass 572 visa – IELTS test ‘taken less than 2 years before the date of the application’ – test can be taken after visa application and before decision – beneficial construction of ambiguity preferred – relevance of statutory context – jurisdictional error of law found – matter remitted. (more…)