Immigration Case Law Review:

December 2018 - February 2019


Relevant case law between December 2018 and February 2019 including 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

  • December 2018 - Part 1

    - The important decision of the Full Court of the Federal Court (FCA) in Beni on whether the AAT’s Migration and Refugee Division has the discretion to accept late applications and circumstances in which the visa holders are taken to have been notified by the Minister.

    - The FCA decision in CUV18 on whether the AAT’s was authorised under s 43AA(1) of the AAT Act to correct its errors in its reasons for decision.

  • December 2018 - Part 2

    - The decision of the Full Court of the FCA in Hands on whether the Minister should have taken into account the non-citizen’s aboriginality when considering whether to revoke a mandatory visa cancellation.

    - A decision of the Federal Circuit Court (FCCA) in Nguyen on the meaning of “need for direct assistance” for 2 years in the context of a carer visa application.

    - The FCA decision in DCD18 where it was held that the email address for the purposes of correspondence provided by the Minister was the last address given to the AAT, not the Minister.

  • January 2019

    - The FCA decision in CVN17 on whether the AAT made a jurisdictional error by taking into account the applicant’s alleged “offences” as a child when deciding whether to revoke the mandatory cancellation of a visa.

    - The FCA decision in Burgess on whether the Minister choice to cancel a visa under s 501(3) as opposed to s 501(2) was judicially reviewable.

    - The FCA decision in McCulloch on whether a person who sent a notification under s 501CA(3) needed to have been delegated the power to do so.

  • February 2019 - Part 1

    - The FCCA decision in FMV17 on whether, for the purposes of cancellation of visas under s 116(1)(e), the risk to the good order of the Australian community included risk caused by actions of members of that community.

    - The decision of the Full Court of the FCA in Gill on whether anonymous information adverse to review applicants (i.e. dob-ins) can play a central role in the reasoning of the AAT.

    - The FCCA decision in AJS19 on whether risk of harm or persecution if removed from Australia ‘was a matter to be weighed by the Tribunal in determining whether to affirm’ the delegate’s decision to cancel a visa.

    - The decision of the Full Court of the FCA in DKX17 on whether the materiality test in Hossain applies to judicial review of judicial decisions.

  • February 2019 - Part 2

    - The High Court decision in SZTMA, CQZ15 and BEG15 on whether the fact of notification by the Minister to the AAT that disclosure of information would be contrary to the public interest triggers a procedural fairness obligation on the part of the AAT to disclose that fact to review applicants.

    - The decision of the Full Court of the FCA in Fattah on whether the Minister could cancel a BVE under r 2.43(1)(p)(ii) based on charges against the holder that had been laid before the BVE grant.

    - The FCA decision in BMK18 on whether, in the context of s 91WA of the Migration Act, the provision of false information was relevant for the purposes of determining whether a document was bogus.

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.