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The latest on Australian Visas and immigration

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Family and Domestic Violence and your Australian Visa

The Australian Government and the Department of Home Affairs (Department) has taken a very strong stance in relation to issues surrounding family and domestic violence in recent times. Some people believe this has long been overdue and it will certainly impact a lot of visa applicants and their sponsors. The…

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De facto for the purpose of getting a partner visa to Australia

One of the questions we are asked most often is “do I qualify as a de facto to get a partner visa to Australia?” Firstly, you must have a sponsor who is an Australian citizen or permanent resident, or an eligible New Zealand citizen. An eligible New Zealand citizen is…

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Visa cancelled due to incorrect information given or provided to the Department of Home Affairs

It is a requirement that a visa applicant must fill in or complete his or her application form in a manner that all questions are answered, and no incorrect answers are given or provided. There is also a requirement that visa applicants must not provide incorrect information during interviews with…

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Ministerial intervention – What are they?

A Ministerial intervention in migration matters is often misunderstood. What is Ministerial intervention and how does it work? Ministerial intervention is governed by sections 351, 417 and 501J of the Migration Act 1958 (Act) The Minister has powers under the Act to replace a decision of a merits review tribunal…

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What is the Character test? – Australian Visas and Citizenship

A person’s character is a significant issue when a person applies for an Australian visa or Australian citizenship. The Department of Immigration and Border Protection’s (DIBP) website correctly points out that “Entering or remaining is Australia is a Privilege, and it is expected that non-citizens are, and have been, law…

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Visa Cancelled or Refused – What do I do?

When your visa is cancelled or refused you often have limited time to decide how to move forward so it is important to get the right advice early. From 1 July 2015, the Administrative Appeals Tribunal (AAT) has been the only merits review tribunal that can make a decision after…

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Section 501 Character Requirement Amendments

Are you, or someone you know, the holder of an Australian visa that has spent 12 months or more in prison? On 11 December 2014 amendments to section 501 of the Migration Act 1958 came into effect, and these changes affect the character requirements to hold or be granted an…

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Notice of Intention to Consider Cancellation visa cancelled refused visas australia

Have you received a Notice of Intention to Consider Cancellation (NOICC) from the Department of Immigration and Border Protection?

If so, our team of qualified migration lawyers and agents may be able to help with submissions to the Department in relation to the Notice of Intention to Consider Cancellation (NOICC). Under the Migration Act 1958, there are several situations in which the Minister may cancel the visa of a…

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Conditions of a Visa and Cancellation

Are you the current holder of an Australian visa? Did you know that your visa may have certain conditions attached to it, and that failure to comply with the conditions of your visa can render your visa liable to cancellation? Between July 2014 and June 2015 nearly 11,000 student visas…

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Pair accused of organising fraudulent marriages

A former migration agent has appeared in the Brisbane Magistrates Court charged with arranging fraudulent marriages for the purpose of obtaining permanent visas to Australia. Chetan Mohanlal Mashru and his wife, marriage celebrant Divya Krishne Gowde, are charged with 17 counts of arranging marriages to obtain visas. A Department of…

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Have you had your visa application refused or visa cancelled?

If you’re in Australia and you’ve had your visa application refused or your visa cancelled, you will face limits on what visas you can apply for while you are still in Australia. Section 48 of the Migration Act 1958 (Cth) and the Migration Regulations restrict non-citizens who have had their…

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Have you unknowingly employed an illegal worker? What you need to know to avoid liability

If you are employing foreign nationals, it is important you are aware of the possible consequences if the employee becomes illegal, or does not have appropriate work rights.  It is currently illegal for employers to: Allow an unlawful non-citizen to work OR allow a non-citizen to work in breach of…

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