Immigration Case Law Review: Late 2018


Relevant case law between August and November 2018, including the landmark decision of the High Court in Hossain and a summary and discussion of the most important court decisions handed down in the period, aimed at helping practitioners digest concepts of importance to the industry and their client's cases without having to read lengthy judgements.

  •                   OMARA CPD Activity - Category A Online Workshop                   

    This professional online workshop (OMARA Activity Code WK565) will earn 1 CPD point for OMARA registered migration agents as an OMARA online workshop (category A activity)

  •  What You'll Learn At This Live Online Workshop

  • August 2018

    The landmark High Court decision in Hossain, where the Court neatly summarised the concept of ‘jurisdictional error’ and held that an error is only jurisdictional if it is material, that is if it could have made a difference to the outcome of an administrative decision.

  • September 2018

    The Federal Circuit Court (FCCA) decision in Naeem, which held that it was unreasonable for the AAT not to wait for the review applicant to obtain sponsorship from another sponsor before affirming the Minister’s decision to cancel a 457 visa.

  • November 2018 - Part 1

    - The decision of the Full Court of the Federal Court (FCA) in Singh on whether it was reasonable for the AAT to refuse to reinstate a review application.

    - The FCA decision in Brown on whether the Minister could cancel the same visa twice under s 501(2) of the Act based on the same criminal offence.

  • November 2018 - Part 2

    - The FCA decision in Mora holding that the AAT made a jurisdictional error by using an outdated version of ANZSCO.

    - The FCA decision in Zadeh (No 2) on whether citizenship applicants have the ‘right’ to sit the citizenship test as many times as they wish before the Minister can decide an application.

    - The FCA decision in Pham on what constitutes ‘medical treatment’ for the purposes of the domestic violence provisions under Sch 2 of the Migration Regulations 1994.

    - The FCA decision in Singh on whether a medical certificate given to explain non-attendance at an AAT hearing was improperly filled out.

  • November 2018 - Part 3

    - The FCCA decision in Singh interpreting Direction No 53 (GTE guidelines).         

    - The FCCA decision in Gella on whether the test to determine whether PIC 4007 should be waived is based on the “possibility” or “likelihood” of visa grant resulting in undue cost to the Australian community.

    - The decision of the Full Court of the FCA in DHS17 on whether information before a delegate was taken to be before the Minister when exercising powers personally.

Online Workshop Details

  • Presenter:

    Sergio Zanotti Stagliorio

    Solicitor and Registered Migration Agent (MARN 1461003)

  •      Upcoming Workshop Sessions

    All Times AEST (Sydney) Time 

  • TBA

Registraton Fee: $49 incl GST - includes 90-minute workshop plus all handouts and downloadable materials


Workshops can be accessed from your computer or mobile phone - no microphone or webcam is needed in order to participate and ask questions during the workshop.