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Appeals & Visa Cancellations

How we can help

We understand that dealing with negative decisions by the Department of Immigration can be extremely stressful. In these times, you want to have a genuine relationship with your lawyer and be guided through the process with confidence.

We specialise in complex visa situations and can help you with appeals to the Federal Courts.

 

Notable cases

 

 

 

  • DIJ17 v Minister for Immigration & Anor [2018] FCCA 2407 (Federal Circuit Court, Smith J, 7 September 2018). Review of decision of Immigration Assessment Authority to refuse an Afghan asylum seeker national protection visa. The IAA failed to grapple with the applicant’s objections to relocation to Kabul or Mazar-e-Sharif, namely, that the basic resources (such as safe water) were meagre and there was stiff competition for them.

 

  • DSM16 v Minister for Immigration [2018] FCCA 1615 (Federal Circuit Court, Judge Kendall, 21 June 2018). Review of a decision by the Department of Immigration and Border Protection that an Afghan asylum seeker was an excluded fast track applicant. The decision-maker wrongly took into account allegedly ‘bogus documents’ which were provided to the Department before lodgement of the protection visa application.

 

  • BHQ15 v Minister for Immigration & Anor [2018] FCCA 181 (Federal Circuit Court, Judge Lucev , 26 February 2018). Review of a decision by the Administrative Appeals Tribunal to refuse an Iranian asylum seeker a protection visa. The AAT failed to properly consider the Applicants complementary protection claims based on his conversion to Christianity in Australia.

 

  • CSJ17 v Minister for Immigration & Anor [2018] FCCA 269 (Federal Circuit Court, Judge Wilson, 1 February 2018). Review of a decision by the Immigration Assessment Authority to refuse an Afghan asylum seeker a protection visa. The IAA failed to consider new country information provided by the Applicant and failed to properly assess the reasonableness of relocation to the cities of Kabul or Mazar-e-Sharif.

 

 

 

 

Keywords: Mandatory cancellation, 501 cancellation, section 501, NOIC, NOICC, PIC4020, PIC4014