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Case Reviews

Citizenship by descent – Adoption of an overseas born child – Su [2020] AATA 590

Citizenship by descent – Adoption of an overseas born child – Su [2020] AATA 590 Facts: The applicant was born in 1998 with a deformity of a cleft lip and palate. His biological parents were members of the AKHA minority people who believed that any abnormality or deformity in a child means they are cursed …

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Failure to consider evidence – Jurisdictional Error – Judicial Review

Tribunal’s failure to consider evidence Umi v Minister for Home Affairs [2019] FCA 2148 Facts: Approximately an hour before the hearing commenced, the Tribunal received an email from the Applicant’s partner. She subsequently sent an additional email when the hearing had commenced. The Tribunal declined to consider the two sets of correspondence because: It was …

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Judicial Reviews – Jurisdictional Error

Judicial Review – Jurisdictional Error For decisions of the Administrative Appeals Tribunal to be heard at Courts, the decisions must have jurisdictional errors which are formed where the decision maker makes a decision outside the limits of the functions and powers conferred on him or her. By contrast, incorrect decision within the boundaries of his …

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Wrong occupation nominated in a visa application

Wrong occupation nominated in a visa application Giving regard to the nomination of an occupation being a constituent part of a valid visa application and clear terms of the application form – ‘what is your nominated occupation?’, the circumstances in which an applicant nominates a wrong occupation is very unlikely. Nevertheless, it may still be …

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Concurrent Completion of 2 Academic Courses only 78 weeks – Paudel (Migration) [2019] AATA 3301

Paudel (Migration) [2019] AATA 3301 Facts: The applicant concurrently studied and completed a Master of Business Administration (MBA) and a Master of Professional Accounting (MPA) between July 2016 and March 2018 at Holmes Institute. The applicant included with his application a letter of completion and an academic transcript for these qualifications, and confirmation of enrollment …

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Personal Loan in a Business Visa Application – Offord (Migration) [2019] AATA 921

Offord (Migration) [2019] AATA 921 Facts: The Administrative Appeals Tribunal received an application for review on 20 March 2017 from a married couple who had been continuously present in Australia as the holders of the provisional business visas which were granted on 7 July 2011. They applied to transition to the permanent business visas on …

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Erroneous AAT decision – Family unit – Chen (Migration) [2019] AATA 4282

Chen (Migration) [2019] AATA 4282 Ms. Chen (the applicant), a national of Taiwan, started a ‘boyfriend-girlfriend’ relationship with Mr. Kuan since circa 2010 when they were enrolled in high school. Their relationship had continued, and they applied for Working Holiday visas which were granted in 2016. They arrived in Australia on the working holiday visas …

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