Recent Cases

Estrin Saul Lawyers are proud recipients of the 2020 Attorney-General's Community Service Law Award.

RECENT CASES

6 October 2021 - Successful AAT General Division matter after Federal Court success (s501 character cancellation)
6 October 2021 - Successful at AAT (457 nomination refusal) where nominee was an owner of the business
23 September 2021 - Successful at Full Federal Court (on appeal) – s501 matter
13 September 2021 - Successful at AAT (186 direct entry nomination refusal for events manager)
8 September 2021 - Successful at AAT (remitted from Federal Court) – Partner visa (complex)
31 August 2021 - Global Talent visa granted (AgTech sector)
4 August 2021 - Various inbound travel exemptions approved (religious work, critical skills, mining sector)
2 August 2021 - Successful at AAT (Administrative Appeals Tribunal) – Partner visa following Federal Circuit Court remittal – Family violence provisions
29 July 2021 - Successful at AAT (187 nomination refusal for floor finisher)
19 July 2021 - Successful at AAT (187 nomination refusal for office manager)
30 June 2021 - Successful at AAT (Working holiday visa refusal)
15 June 2021 - Successful at AAT (186 TRT nomination refusal) where applicants lost the right to a hearing due to failure to respond to s359 notice)
15 June 2021 - Successful AAT General Division matter (s501 character cancellation)
25 May 2021 - Successful at AAT (187 nomination refusal)
20 May 2021 - Successful 494 visa grant (applicant previously unlawful)
20 May 2021 - Successful at AAT (Citizenship – PNG Independence – right to permanent entry)
14 May 2021 - Successful at the AAT for Partner visa (Family violence)
11 May 2021 - Successful before the Federal Court in arguing that the Minister failed to engage with representations when making a personal decision to not revoke cancellation of a visa on character grounds (10-year prison sentence))
6 May 2021 - Successful AAT case (s109 cancellation of SHEV)
5 May 2021 - Successful at AAT (Protection visa – Sri Lanka)
5 May 2021 - Successful travel exemption (critical skills)
4 May 2021 - Successful health waiver (child with developmental difficulties)
3 May 2021 - Successful AAT case (457 nomination)
22 April 2021 - Successful before the Federal Court in arguing that the Minister failed to consider a substantial claim (that a person could not return to Cuba) when making his decision to not revoke cancellation of a visa
18 April 2021 - Successful partner visa grant (family violence provisions)
15 April 2021 - Successful health waiver (Autism)
14 April 2021 - Successful of revocation of visa cancellation (s501)
24 March 2021 - Successful waiver of 12 month de facto criterion – offshore partner visa granted onshore
4 March 2021 - Successful AAT case (Schedule 3 – subclass 457)
4 March 2021 - Successful complex subclass 186 visa (age & nomination issues)
2 March 2021 - Successful prevention of permanent partner visa cancellation (s109 NOICC)
2 March 2021 - Successful AAT case (health waiver) – HIV
2 February 2021 - Successful at Federal Circuit Court (IAA review) – DIN19 v Minister [2021] FCCA 1
1 February 2021 - Successful Business visa grant (subclass 892) following Administrative Appeals Tribunal win
14 January 2021 - Successful health waiver (subclass 186 visa)
2 December 2020 - Successful at Administrative Appeals Tribunal after Federal Court win (citizenship – good character)
2 December 2020 - 186 Nomination approved despite issues with company administration
18 November 2020 - Successful health waiver (186 visa – HIV)
17 November 2020 - Successful Ministerial Intervention referral from AAT
16 November 2020 - Successful at Administrative Appeals Tribunal (Partner visa – breakdown of relationship and Sch 3 waiver)
10 November 2020 - Successful visa cancellation revocation (section 501)
6 November 2020 - Successful at the AAT (family violence provisions)
5 November 2020 - Successful at the Administrative Appeals Tribunal (substantial criminal record including family violence and drug trafficking) – s501
28 October 2020 - Successful partner visa grant (family violence provisions)
28 October 2020 - Successful travel exemption to Australia approved (2 x critical skills category)
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)