WANG & ASSOCIATE SOLICITORS – 澳大利亚英杰律师事务所,澳大利亚律师,律师,悉尼,澳洲律师

Our new case in the High Court of Australia

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

Last 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; 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 (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…)

对不起，此内容只适用于English。

对不起，此内容只适用于English。

对不起，此内容只适用于English。

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…)

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…)