Recent Cases

ALA_2019_Winners_Boutique Law Firm of the Year

Estrin Saul Lawyers are proud to have been named Boutique Law Firm of the Year at the 2019 Annual Australian Law Awards

 

Daniel Estrin (centre) and Reuben Saul (right)

RECENT CASES

15 October 2020 - Successful Administrative Appeals Tribunal (AAT) case – subclass 457 visa work experience issue
15 October 2020 - Successful Health Waiver at Administrative Appeals Tribunal – PIC4007
6 October 2020 - Second round SHEV granted (Iran)
5 October 2020 - Successful s501 matter – visa not refused despite death sentence
1 October 2020 - Successful Administrative Appeals Tribunal 187 nomination (Retail Manager)
16 September 2020 - Successful travel exemption for applicant offshore on Bridging visa B
12 August 2020 - Successful visa cancellation revocation (section 501)
6 August 2020 - Successful IAA decision (transamorous relationship)
6 August 2020 - Successful at Federal Circuit Court (Jurisdictional matter – 457 visa)
28 July 2020 - Successful before the Federal Court in arguing that a personal decision by the Minister to not revoke cancellation of a visa on character grounds was legally unreasonable (life imprisonment))
28 July 2020 - Successful response to Notice of Intention to Consider Cancellation of approval of Australian citizenship – approval not cancelled
6 July 2020 - Successful before Federal Circuit Court on IAA’s finding not being open on the evidence (BCJ18 v MICMSMA)
3 July 2020 - Successful before Federal Circuit Court on IAA’s finding on exceptional circumstances (identification as trans-amorous queer member of LGBTIQ community) (FUR18 v MICMSMA)
10 June 2020 - Permanent protection visa grant for citizens of East African Community country on political grounds
10 June 2020 - Successful at the Administrative Appeals Tribunal (permanent visa cancellation under s107 set aside on the papers) – alleged incorrect employment history
2 June 2020 - Successful response to Notice of Intention to Consider Cancellation (NOICC) of 457 visa – visa not cancelled
20 May 2020 - Distinguished Talent visa grant (exceptional record of achievement in a sport – long-distance running)
20 May 2020 - Successful at the Administrative Appeals Tribunal (ENS nomination – wholesaler)
19 May 2020 - Successful at Administrative Appeals Tribunal (Medical Treatment visa)
14 May 2020 - Medical Treatment visa granted (complex matter – mental health issues)
5 May 2020 - Successful at the AAT (Partner visa involving anonymous accusations of contrived relationship)
27 April 2020 - Successful at the AAT (187 visa nomination refusal)
16 April 2020 - Condition 8503 waiver granted – domestic helper for visitors from overseas
15 April 2020 - Permanent protection visa grant (Zimbabwe – politics)
2 April 2020 - Successful at the Administrative Appeals Tribunal (substantial criminal record including online grooming offence) – s501
2 April 2020 - Successful permanent Partner visa grant despite 12 month sentence (s501)
12 March 2020 - Successful before Federal Court in relation to AAT decision made based on made based on incorrect application of the Migration Regulations 1994 and invalid policy (Babar v MIMCSMA)
28 February 2020 - Successful before Federal Court on AAT’s failure to consider good character at time of decision on a citizenship application (VFWQ v MICMSMA)
21 February 2020 - Successful before Federal Court on IAA’s failure to consider integer of a claim (ANR17 v MICMSMA)
12 February 2020 - Successful at the Administrative Appeals Tribunal (substantial criminal record) – s501
11 February 2020 - Successful AAT decision (Onshore partner visa – genuine relationship, separate finances and limited documentation of household)
8 February 2020 - RSMS nomination approval for retail/services manager position in newly-opened regional location
6 February 2020 - Successfully prevented cancellation of a Resident Return visa for not declaring a previous visa application lodged under a different name
5 February 2020 - Successfully argued against s116 cancellation of a Resident Return Visa based on identity concerns
24 January 2020 - Successful AAT case (PIC4020 fraud)
24 January 2020 - Successful visa grant for family with dependant child offshore (subject to 3 year exclusion – PIC4014)
23 January 2020 - Successful at AAT – PIC4007 waiver for severely disabled child
13 December 2019 - Successful before High Court of Australia on apprehended bias – IAA considered irrelevant and prejudicial material (CNY17 v MIBP)
10 December 2019 - Successful permanent skilled visa grant after PIC 4020 allegation about reference letter supplied with application
28 November 2019 - Successful in meeting PIC4005 requirement for permanent visa for client who had previously failed (client with age-related macular degeneration)
6 November 2019 - Successful Visitor visa grant for client affected by PIC 4014 (UK)
6 November 2019 - Subclass 482 visa granted despite PIC4020 allegation for previous relationship breakdown
4 November 2019 - Successful “vulnerable child” visa granted (complex fostering arrangements)
29 October 2019 - Successfully argued against cancellation of a family’s visas on the grounds of incorrect information being provided in the application forms
25 October 2019 - Successful 186 visa granted (health – stable chronic renal disease – argued reduced costing to meet criteria)
17 October 2019 - Successful Resident Return Visa (RRV) grant for applicant with historical criminal history (s501)
17 October 2019 - Successful visitor visa grant for previously unlawful client
8 October 2019 - Successful AAT decision (Visitor visa – genuine temporary entrant – Kenya)
7 October 2019 - Child visa granted (health waiver)
25 September 2019 - Successful 489 visa grant (Tasmania)
17 September 2019 - Successful permanent protection visa grants (Turkish Kurds)
16 September 2019 - Successful permanent protection visa grant (Pakistan – gender)
11 September 2019 - Successful decision not to cancel a Regional Sponsored Migration Scheme visa under section 109 of the Migration Act 1958 (Cth) where applicant was made redundant before visa grant.
30 August 2019 - Visitor visa grant to enable applicant to return to Australia and re-activate expired bridging visa
26 August 2019 - Successful AAT decision (Protection visa – politics – East African Community country)
22 August 2019 - Successful grant of a subclass 461 visa (Nigeria) following previous Visitor visa refusals
22 August 2019 - 186 Nomination approved despite adverse information
16 August 2019 - 186 visa grant for dependant applicant despite previous withdrawal (complex matter)
8 August 2019 - Successful permanent protection visa grant (Pakistan – sexuality)
29 July 2019 - Successful AAT decision (Protection visa after a ‘dob in’)
10 July 2019 - Protection visas granted to Turkish family on religious grounds
27 June 2019 - Visitor visa granted onshore after a substantial period of residence in Australia and a complicated immigration history, opening up new onshore visa application possibilities
21 June 2019 - 482 visa granted (PIC4013 affected – waived)
21 June 2019 - Successful AAT decision (PIC 4020)
21 June 2019 - Successful AAT decision (Protection visa – Turkish Kurd family)
18 June 2019 - Successful offshore Partner visa grant despite PIC 4020 issue
14 June 2019 - Successful AAT outcome achieved prior to case management conference (citizenship, identity issues – Somalia)
12 June 2019 - Grant of a SHEV after we succeeded in having his matter remitted from Federal Circuit Court and IAA (Afghan Hazara)
30 May 2019 - Successful permanent visa grant for client who experienced family violence from sponsoring partner before leaving the relationship and who had not yet been granted a temporary partner visa (pro bono)
24 May 2019 - Successful AAT decision (Regional sponsored migration scheme – personal assistant)
22 May 2019 - Successful AAT decision (student visa – genuine intention to stay temporarily where applicant in Australia for 7+ years)
8 May 2019 - Successful IAA decision (Afghan Hazara)
26 April 2019 - Protection visa for a Middle Eastern family (politics – atheism)
26 April 2019 - 189 visa granted after submission relating to Special Return Criteria
1 April 2019 - Successful AAT decision (Orphan Relative – permanent incapacity of parent where applicant is over 18)
20 March 2019 - 485 Graduate visa grant after student visa cancellation
18 February 2019 - Successful compensation claim against Department – failure to consider submission
18 February 2019 - Successfully prevented student visa cancellation (s116 – criminal conviction)
14 February 2019 - Successful Ministerial Intervention request (Parent visa – health issues)
8 February 2019 - Successful permanent protection visa grant (subclass 866) (Turkey – religion)
6 February 2019 - Successful subclass 482 visa grant after 457 visa refusal
1 February 2019 - Successful permanent visa grant for client who separated and experienced family violence from sponsoring partner
30 January 2019 - Successfully prevented cancellation of a partner visa despite a minor conviction and relationship breakdown
24 January 2019 - Successful grant of a Visitor visa from Pakistan following previous refusal
24 January 2019 - Successful permanent visa grant for client who separated and experienced family violence from sponsoring partner
22 January 2019 - Successful grant of a subclass 189 (NZ Citizen stream) following previous refusal
15 January 2019 - Successful AAT decision (Review of Student visa cancellation due to breach of condition 8105)
3 January 2019 - Successful AAT decision (Review of Bridging visa E cancellation)
3 January 2019 - Successful AAT decision (Partner visa – India)
24 December 2018 - Successful permanent protection visa grant (subclass 866) (Egypt – sexuality)
14 December 2018 - Successful IAA decision (Christian family from Iran))
13 December 2018 - Successful Administrative Appeals Tribunal (AAT) decision (Protection visa – Woman – Iraq)
12 December 2018 - Successful student dependent visa grant after cancellation of applicant’s previous visa.
6 December 2018 - Successful subclass 400 visa grant for highly specialised team of installers (post-refusal)
28 November 2018 - Successful permanent protection visa grant (subclass 866) (Turkey – religion)
27 November 2018 - Successful Federal Circuit Court matter – Safe Haven Enterprise Visa (Sri Lankan Tamil)
26 November 2018 - Successful permanent protection visa grant (subclass 866) (India)
23 November 2018 - Successful Federal Circuit Court matter – Safe Haven Enterprise Visa (Afghanistan – Hazara)
18 November 2018 - Bridging visa A reinstated (Client on Bridging visa E)
18 November 2018 - Complex prospective marriage visa grant (300 visa) – same sex couple