Paul Cutler's Migration Case Law Blog

A new Ministerial Direction No 99 (visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa) commenced on 3 March 2023. This Direction replaces Direction 90. Under the old Direction 90 the strength, nature and duration of ties to Australia were considered under other considerations, under this new Direction 99 this has now been added as a primary...

Recusal applications can be awkward and difficult. It is not easy to tell a judge that there is a perception that he/she is baised and shouldn't sit in judgment on a particular matter. Recusal applications don't occur very often and applications involving multi-member appellate are even rarer. Consider the following facts: Prior to his appointment to the Federal Court, Bromwich J held the office...

Earlier visas will be superseded by the grant of subsequent visas under s82 Migration Act. Consider the following chronology (no, not my client): Date Event 15/12/2014 ETA granted – which would expire on 15/12/2015 18/12/2014 Applicant enters Australia on ETA 24/2/2015 Applies onshore for 600 visitor visa in tourist stream – this is within the 3 months stay permitted by the ETA 26/2/2015 Visitor...

The meaning of "parent" for the purposes of s16(2) Australian Citizenship Act 2007  is not limited only to biological parents. When Charlotte Nguyen's mother applied for evidence that her daughter was an Australian citizen, the question arose about whether Mr Lieu (who is an Australian citizen) was Charlotte's father. No DNA test was undertaken. Mr Lieu's relationship with the mother had ended...

We all know that when an Applicant has lost their case in the Tribunal, the Minister has "God powers" to substitute a more favourable decision if it is in the public interest to do so (see s351 Migration Act). That power can only be exercised personally by the Minister. Up until 12 April 2023 when the decision of the High Court in Davis v Minister for Immigration [2023] HCA 10 was handed down,...