What the courts decided.
Recent migration and refugee decisions of the Federal Courts and the Administrative Review Tribunal.
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Administrative Review Tribunal 310
Rowe and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2209
MIGRATION – mandatory cancellation of Class TY Subclass 444 Special Category (Temporary) visa under section 501(3A)- where Applicant does not pass the character test – Applicant has substantial criminal record – whether the original visa cancelation should be revoked under section 501CA (4) – consideration of Ministerial Direction No. 110 – decision under review is affirmed.
BMWZ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2160
MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation– character test not satisfied – extensive offending including family violence violent offending – Direction No 110 – primary and other considerations – protection of Australian community – nature and seriousness of criminal offending – risk to the Australian community should the Applicant commit further offences or engage in other serious conduct – strength, nature and duration of ties to Australia – best interests of children – expectations of the Australian community – extent of impediments if removed – impact on Australian business interests – other considerations - decision under review affirmed.
Filimone and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2158
MIGRATION - refusal to grant Bridging E (Class WE) visa under s 501(1) of the Migration Act 1958 (Cth) – character test – scope of review – whether Tribunal confined to limb of character test relied on by delegate – inconsistent authority between Smith v Minister for Immigration, Citizenship and Multicultural Affairs and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16 considered – Smith v Minister for Immigration, Citizenship and Multicultural Affairs preferred – Minister concedes applicant does not have a substantial criminal record – single aggregate term of six months' imprisonment wholly suspended – operational period of suspended sentence not a term of imprisonment – applicant does not have substantial criminal record – s 501(6)(d)(i) – whether real or appreciable risk that applicant might engage in criminal conduct in Australia – effect of amendment substituting ‘might’ for ‘would’ – threshold lowered but risk must remain real or appreciable – risk assessed beyond likely duration of bridging visa where applicant intends to remain in Australia permanently – possession and supply of kava contrary to Kava Management Act 1998 (NT) – offending confined to six month period while applicant unlawful non-citizen, unable to work and in financial hardship – incomplete insight – applicant to reside in Victoria with partner and Australian citizen children – not satisfied Kava is unlawful in Vicotria – no real or appreciable risk – applicant passes character test – discretion under s 501(1) does not arise – decision set aside and remitted
Dattilo and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2152
MIGRATION - decision of delegate of Minister not to revoke mandatory cancellation of a Class BB Subclass 155 Five Year Resident Return Visa - character test - Direction no. 110 -primary and other considerations - protection of Australian community - nature and seriousness of criminal offending - risk to the Australian community should the applicant commit further offences or engage in other serious conduct - strength, nature and duration of ties to Australia - best interests of children - expectations of the Australian community - legal consequences of decision - extent of impediments if removed – Australian business interests - Decision under review affirmed
SXTZ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2187
MIGRATION – review of a decision not to revoke mandatory cancellation of visa under section 501CA(4) of Migration Act 1958 – character test – Direction 110 – primary and other considerations – non revocation set aside – another reason to revoke the mandatory cancellation
RQPG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2185
MIGRATION – Non-revocation of a mandatory cancellation of a Class BB Subclass 155 Five Year Resident Return visa – Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation decision – consideration of Ministerial Direction No. 110 –– primary and other considerations – protection of the Australian community from criminal or other serious conduct – the commission of family violence – the strength, nature and duration of ties to Australia – the best interests of minor children in Australia – expectations of the Australian community – legal consequences of the decision – extent of impediments if removed – impact on Australian business interests – decision under review affirmed
Mzungu and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2146
MIGRATION – discretionary refusal of visitor visa under s 501(1) of the Migration Act, 1958 (Cth) – application of Direction no. 110 – applicant guilty of one offence, albeit serious, of manslaughter committed 44 years ago in Zimbabwe – applicant now 69 years of age wanting to visit daughter and grandchildren in Australia – highly unusual circumstances – need to apply Direction having regard to particular features of the case at hand – decision to refuse visitor visa set aside
Lubenow and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2071
MIGRATION – review under section 501CA(4), character test, Ministerial Direction No 110.
KNPQ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2162
MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – Direction no. 110 – primary and other considerations – protection of Australian community – nature and seriousness of criminal offending – Applicant persistently engaged in family violence - risk to the Australian community should the Applicant commit further offences or engage in other serious conduct – family violence consideration – strength, nature, and duration of ties to Australia – best interests of minor children - expectations of the Australian community – Applicant is a 34 year old citizen of Iraq – extent of impediments if returned to Iraq – Non-Revocation Decision is affirmed
JMNR and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2072
MIGRATION – Non-revocation of mandatory cancellation of Class BA Subclass 202 Global Special Humanitarian visa (GSH visa) – where the Applicant does not pass the character test - whether there is another reason to revoke the mandatory cancellation – Applicant has a bridging (pending refusal) visa (BVR) – irrespective of outcome, the Applicant will remain in Australia – Applicant has schizophrenia and is subject to a supervision order under the Criminal Law Consolidation Act 1935 (SA) – assessment of comparative risk of harm to the Australian community if Applicant remains on a BVR compared to a GSH visa - Applicant has strong ties to Australia because he has lived the majority of his life in Australia – decision under review is set aside
MYGR and Minister for Immigration and Citizenship (Practice and Procedure) [2026] ARTA 2069
PRACTICE AND PROCEDURE – adjournment request – s 82 Administrative Review Tribunal Act 2024 (Cth) – pending Federal Court decision on comparable jurisdictional issues – adjournment granted – where Federal Court decision contrary to Applicant’s position – where further adjournment requested pending appeal to Full Court – s 29 Federal Court of Australia Act 1976 (Cth) – r 36.08(1) Federal Court Rules 2011 (Cth) – where filing of an appeal does not diminish precedential effect of single judge decision – where future change in law can be addressed through ordinary appellate process – adjournment declined PRACTICE AND PROCEDURE – jurisdiction question – visa cancellation – notification of non-revocation – nine day time limit to apply for merits review – where review application not lodged for 17 months – two asserted errors in notification – whether effect of s 501CA(4) of Migration Act explained – intersection of Migration Act 1958 (Cth) and Acts Interpretation Act 1901 (Cth) – whether substantial compliance with s 501G(1) – effect of s 494E of the Migration Act 1958 (Cth) – where Applicant issued Class WR Bridging R (Removal Pending) (subclass 070) Visa on same day as notification – where notification complied or substantially complied with s 501G –– application not lodged within time – no discretion to extend time to lodge review application – no jurisdiction – application dismissed
FWQP and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2068
CITIZENSHIP – Citizen of China - refusal of citizenship by conferral – whether applicant is of good character under section 21(2)(h) of the Australian Citizenship Act 2007 (Cth) – criminal offending - manslaughter – mental illness – illegal firearm- mitigating factors – CPI 15 – Tribunal not satisfied the applicant is of good character at this time – decision affirmed
Lawson and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2048
MIGRATION – refusal to grant a Visitor visa – Visa Applicant does not satisfy the character test – Ministerial Direction No. 110 applied – whether Tribunal should exercise discretion to refuse to grant the visa – decision under review set aside
Li and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2184
MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – Direction no. 110 – primary and other considerations – protection of Australian community – nature and seriousness of criminal offending – risk to the Australian community should the Applicant commit further offences or engage in other serious conduct – strength, nature and duration of ties to Australia – best interests of minor children – expectations of the Australian community – extent of impediments if removed – Applicant is a 65 year old citizen of China – extent of impediments if returned to China – Non-Revocation Decision is affirmed
MZKT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2051
MIGRATION – non-revocation under s 501CA(4) of the Migration Act 1958 (Cth) of cancellation of applicant’s Class TY Subclass 444 Special Category (Temporary) visa – where the applicant does not pass the character test – whether there is another reason to revoke the cancellation – where applicant has criminal history including family violence – where low risk of re-offending – where applicant has strong ties to Australian community – best interests of applicant’s minor children – the decision under review is set aside
Li and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2012
MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – Direction no. 110 – primary and other considerations – protection of Australian community – nature and seriousness of criminal offending – risk to the Australian community should the Applicant commit further offences or engage in other serious conduct – strength, nature and duration of ties to Australia – best interests of minor children – expectations of the Australian community – extent of impediments if removed – Applicant is a 65 year old citizen of China – extent of impediments if returned to China – Non-Revocation Decision is affirmed
Singh and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2007
MIGRATION – Mandatory cancellation of Class WC Subclass 030 Bridging C visa – citizen of India – mandatory visa cancellation – substantial criminal record – previous confidentiality order removed – crimes of dishonesty – family violence – breaches of conditional liberty – illicit drug use – drug-driving and other traffic offences – failure to pass character test – application remitted by Federal Court in 2023, 2024, and 2025 – whether another reason to revoke visa cancellation – Ministerial Direction no. 110 applied – reviewable decision affirmed
Ali and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2002
CITIZENSHIP – citizen of Afghanistan – application for Australian citizenship by conferral – refusal because delegate not satisfied of Applicant’s identity – Australian Citizenship Act 2007 (Cth) – Citizenship Policy Statement – Revised Citizenship Procedural Instructions – whether Tribunal satisfied of Applicant’s identity at the date of its decision – Applicant associated with different identities – inconsistent evidence – Tribunal not satisfied of Applicant’s identity – reviewable decision affirmed
JXCT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1987
MIGRATION – Cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – where the Applicant does not pass the character test – Direction No 110 – protection of Australian community – risk to the Australian community – family violence – strength, nature and duration of ties to Australia – expectations of the Australian community – extent of impediments if removed – decision affirmed
QQJK and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1986
MIGRATION – refusal of Bridging E (Class WE) visa under section 501(1) where the visa Applicant does not pass the character test – the visa Applicant has a substantial criminal record – drug trafficking – family violence – whether the discretion to refuse to grant the visa under section 501 (1) should be exercised – consideration of Ministerial Direction No. 110 – decision under review is affirmed.
Hassanali and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2203
MIGRATION – visa cancellation – Class BB Subclass 155 Five Year Resident Return (permanent) visa – mandatory cancellation under s 501(3A) of Migration Act 1958 (Cth) – where Applicant does not pass the character test – substantial criminal record – serious financial crime – whether ‘another reason’ to revoke cancellation – consideration of Direction no. 110 – protection of Australian community – the strength, nature and duration of ties to Australia – best interests of minor children in Australia affected by the decision – expectations of the Australian community – legal consequences of decision – extent of impediments if removed – Applicant is 45 year old citizen of Kenya – reviewable decision affirmed
Demircan and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2004
CITIZENSHIP – application for Australian citizenship by conferral – national of Turkiye – whether applicant is of good character – nature of engagement with departmental staff – consideration of mental health history – decision set aside and remitted
Heung and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1962
MIGRATION – refusal of Partner (Temporary) (Class UK) (subclass 820) visa under s 501(1) of the Migration Act 1958 (Cth) – where the applicant does not pass the character test – whether the discretion to refuse to grant the visa should be exercised – Direction No. 110 – protection of the Australian community – serious criminal conduct in Hong Kong – expectations of the Australian community – strength, nature and duration of ties to Australia – legal consequences of decision – impediments if removed – decision set aside
ZWJR and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2080
MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – Direction no. 110 – primary and other considerations – protection of Australian community – nature and seriousness of criminal offending – risk to the Australian community should the Applicant commit further offences or engage in other serious conduct – family violence consideration – strength, nature, and duration of ties to Australia – best interests of minor children - expectations of the Australian community – Applicant is a 47 year old citizen of New Zealand – extent of impediments if returned to New Zealand – Non-Revocation Decision is affirmed
Lam and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1985
MIGRATION – refusal of Applicant’s Class FA subclass 600 Visitor Visa – substantial criminal record – smuggling offence conviction in People’s Republic of China in 2005 – no further offending – ties to Australia – interests of minor Australian citizen child – Direction 110 – Protection of the Australian community
Ngaweketuhimata and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1965
MIGRATION – non-revocation of mandatory cancellation of a Class TY Subclass 444 Special Category (Temporary) visa – where Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation decision – consideration of Ministerial Direction No. 110 – decision under review affirmed
WBKG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1984
MIGRATION – Class BB Subclass 155 Resident Return visa – Cancellation – Revocation
Aloda and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 1961
CITIZENSHIP – application for citizenship – review of decision of Minister’s delegate to refuse Australian Citizenship application – satisfaction as to identity – section 24(3) of the Australian Citizenship Act 2007 (Cth) – respondent prevented from approving applicant for citizenship unless satisfied of his identity – applicant giving unreliable evidence – general reliability of applicant doubted – Tribunal not satisfied of applicant’s identity – decision under review affirmed
DIEP (MIGRATION) [2026] ARTA 2177
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – Federal Circuit and Family Court remittal – genuine and continuing relationship – sponsor previously married to applicant’s sister and employer of applicant – relationship started during previous marriage – validly married – limited and inconsistent evidence of financial aspects of relationship – consistent evidence of household, living with others – limited social activities – pets and domestic and international travel – limited recognition of relationship and nature of commitment – sponsor’s continuing financial and personal dealings with first wife/applicant’s sister – no supporting statements from applicant’s sister/sponsor’s first wife and adult child – decision under review affirmed
PRISMA HOLDINGS PTY LTD (Migration) [2026] ARTA 2175
MIGRATION – position nomination – short-term stream – cook – inapplicability condition for limited-service restaurant – documentation and submissions – licensed and professional restaurant with dining and menu options – staffing levels and duties – decision made without hearing necessary – decision under review set aside and remitted
FJZY and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2161
MIGRATION - Visa refusal under s 501(1) of the Migration Act 1958 (Cth) – serious sexual offending – failure to pass character test – whether discretion to refuse to grant visa should be exercised – Ministerial Direction 110 applied – reviewable decision affirmed.
Mohammed (Migration) [2026] ARTA 2117
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – dismissal decision – failure to attend Tribunal hearing – hearing notices delivered a junk email folder – reinstatement request – reasonable excuse for absence – dismissal confirmed – decision under review affirmed
Cortes Sierra (Migration) [2026] ARTA 2137
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language requirement – applicant currently enrolled in an English course – Pearson language test results provided upon review – enrolled in an ELICOS course – decision under review set aside and remitted
Gobind Pty. Ltd. (Migration) [2026] ARTA 2129
MIGRATION – approval of a nomination – Medium-term stream – position of Chef – genuine position – structure of the applicant business – tasks of the position correspond to nominated occupation – educational qualifications – Labour Market Testing – updated financial information – decision under review set aside and remitted
THOMAS (MIGRATION) [2026] ARTA 2119
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – bogus documents – incorrect information in the visa application – forged educational documents – allegation against migration agent – genuine and continuing studies – indifferent to the agent’s unlawful operations – deriving a benefit from the fraud – financial hardship – decision under review affirmed
KUMAR (MIGRATION) [2026] ARTA 2113
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – genuine temporary entrant – family and business in India – property ownership – leadership in a local trade organisation – compliant travel to other countries – decision under review set aside and remitted
FOFANA (MIGRATION) [2026] ARTA 2179
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – tourist stream – visiting daughter and family – genuine temporary entrant and compliance with conditions – daughter’s young children and physical and mental health, and no family members in Australia – no previous international travel by applicant – husband, other children and relatives, community and work in home country – stable life despite civil war and human rights issues – decision under review set aside and remitted
LEE (Migration) [2026] ARTA 2178
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – financial requirements – genuine access to funds – applicant’s and parents’ bank accounts – limited information about transactions and changes to sources of funds – return trips and cash brought on each occasion – movement records – share in proceeds of sale of former marital property – decision under review affirmed
Sharma (Migration) [2026] ARTA 2126
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – lengthy stay in Australia – multiple courses completed – family ties in home country – family bereavement – maintaining ongoing residence in Australia – applicant ceased studies – employment in Australia – limited value of courses to future career – decision under review affirmed
Oli and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1922
MIGRATION – application to revoke mandatory cancellation of Class EN Subclass 186 Employer Nomination Scheme visa under s 501CA(4) of the Migration Act 1958 (Cth) – applicant convicted of three counts of sexually touching another person without consent contrary to s 61KC(a) of the Crimes Act 1900 (NSW) – whether another reason to revoke within the meaning of s 501CA(4)(b)(ii) – Direction No 110 – weighing of primary and other considerations – protection of the Australian community – nature and seriousness of conduct – offending against strangers - reoffending while on bail – risk of future offending – weight given to actuarial risk instruments (Static-99R) – weight given to expert psychological evidence – expectations of the Australian community – strength, nature and duration of ties to Australia – uncertain immigration status of supporting family member – family violence and best interests of minor children not engaged – legal consequences of non-revocation – impediments on return to Nepal – impact on Australian business interests – decision affirmed
Najdovski and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1908
MIGRATION – refusal of a Partner (Temporary) (Class UK) visa under s 501(1) of the Migration Act 1958 (Cth) – where the Applicant does not pass the character test – whether power to refuse the visa under s 501(1) of the Migration Act 1958 (Cth) should be exercised – consideration of Ministerial Direction No. 110 – protection of the Australian community – the strength, nature and duration of the Applicant’s ties to Australia – expectations of the Australian community – legal consequences of this decision – extent of impediments if removed from Australia – impact on Australian business interests – Tribunal finding that the power under 501(1) of the Migration Act 1958 (Cth) should not be exercised to refuse the visa – decision under review set aside and substituted.
Castillo (Migration) [2026] ARTA 2180
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – second visa – change of subject area and study at lower level – enrolment in diploma and advanced diploma after completing Cert IV – duplication of subjects, most content delivered online and change of provider – responsibility to mother as only child – combined hearing with partner’s secondary application – decision under review affirmed
PRESS DUBBO PTY LTD (Migration) [2026] ARTA 2176
MIGRATION – position nomination – core skills stream – café manager – genuine position – ownership and organisational structure – inaccuracies and discrepancies between organisational charts provided to department and tribunal – duties of director, general manager (currently vacant) and nominated position – responsibility for day-to-day operation of business – nominee’s qualifications, experience and work in role – decision under review set aside and remitted
BUCA (MIGRATION) [2026] ARTA 2171
MIGRATION – Partner (Temporary) (Class UK) visas – Subclass 820 (Spouse) – genuine and continuing relationship – relationship registered – financial, household and social aspects of relationship and nature of commitment – limited documentary evidence – travel with former husband after claimed start of relationship and sister named as contact – late notification that relationship ceased and later claim of family violence – relationship at time of application not accepted – member of family unit child – decision under review affirmed
Mackenzie-Wilson and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1897
Migration – Cancellation of visa – application for revocation of mandatory cancellation – money laundering offences committed over a six-month period – character test failed – no other offending – strength, nature and duration of ties to Australia – possibility of being returned to Cook Islands or New Zealand – whether there is another reason to revoke the cancellation – cancellation revoked Migration – Crimes (Sentencing Procedure) Act 1999 (NSW) – section 33 – court taking account of further offences when sentencing for principal offence – procedure known as “Form 1” procedure – section 35 – admission of guilt not admissible and offence not to be taken into account regarding conviction for any other purpose – operation of sections 85ZR and 85ZS of the Crimes Act 1914 (Cth) preventing plea of guilty and conviction of offence being taken into account in migration proceedings – extent to which sentencing remarks may be considered – whether Tribunal can have regard to underlying conduct
HENAO ORTIZ (MIGRATION) [2026] ARTA 2173
MIGRATION – Student (Temporary) (Class TU) – Subclass 500 (Student) – genuine temporary entrant – subsequent visa – study and employment history – family and girlfriend in home country and some community ties in Australia – enrolment and progression in courses relevant to family business – expansion plans – difficulty in having previous qualifications recognised in Australia – decision under review set aside and remitted
AMINIDEHAGHI (MIGRATION) [2026] ARTA 2172
MIGRATION – Business Skills (Permanent) (Class EC) visa – Subclass 888 (Business Innovation and Investment (Permanent)) – bogus document – police certificate for husband/father – obtained manually rather through electronic verification process – other genuine certificates provided at various times – discretion to waive requirement – compassionate or compelling circumstances – closure and sale of business during COVID pandemic and money to invest in new business – circumstances of children, now married – third applicant’s Australian citizen wife and children – husband/father departed Australia and no jurisdiction to review – decision under review affirmed
Londono Sanchez (Migration) [2026] ARTA 2132
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – construction of the English language requirement – IELTS test result – current enrolment in an ELICOS course at the time of decision – remaining enrolled – a course packaged with the required ELICOS study – decision under review affirmed
Local Roots and Food Pty Ltd (Migration) [2026] ARTA 2122
MIGRATION – approval of a nomination – Core Skills stream – occupation of Chef – genuine position – planned business expansion and renovations – updated financial information – significant increase in trading – skills shortage – decision under review set aside and remitted
Tip (Migration) [2026] ARTA 2106
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – authorising stay of more than 12 consecutive months – exceptional circumstances – applicant hospitalised in an emergency in Australia – ongoing medical treatment – permanent visa application – unsafe currently for the applicant to travel – decision under review set aside and remitted
SMSV and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1925
MIGRATION – Non-revocation under s501CA(4) of the Migration Act 1958 (Cth) of the mandatory cancellation of the Applicant’s Absorbed Persons Visa – where the Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation – victim of sexual abuse –moderate risk of reoffending – the Applicant has lived the majority of his life in Australia – Australian citizen mother unwell – the decision under review is set aside.
GWJV and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1888
MIGRATION – review under sections 501(2), character test, Ministerial Direction No. 110.
Ombelli and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1882
MIGRATION – Mandatory cancellation of Applicant’s Class XB Global Special Humanitarian visa – Ministerial Direction 110 Applied – Applicant does not pass character test – Substantial criminal record – whether there is another reason to revoke cancellation – decision under review affirmed
Singh (Migration) [2026] ARTA 2139
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – Federal Circuit and Family Court remittal – enrolment in a Higher Education course – applicant ceased enrolment – health issues – family bereavement – multiple course cancellations – property and business interest in home country – poor academic progress – request for Ministerial Intervention – decision under review affirmed
SHRESTHA (MIGRATION) [2026] ARTA 2124
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – member of the family unit – de facto relationship for 12 months – Registered Relationship Certificate – primary visa holder’s previous divorce – joint financial arrangements – shared household responsibilities – decision under review set aside and remitted
Richards and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1867
MIGRATION – cancellation of Class TY Subclass 444 Special Category (Temporary) Visa under section 501(2) - where Applicant does not pass the character test – Applicant has substantial criminal record – use carriage service to access child pornography material – whether the original visa cancelation under section 501(2) should be revoked – consideration of Ministerial Direction No. 110 - decision under review is set aside and substituted.
VTDM and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1863
MIGRATION – - decision of delegate of Minister not to revoke mandatory cancellation of a Class TY Subclass 444 Special Category visa - character test - Direction no. 110 -primary and other considerations - protection of Australian community - nature and seriousness of criminal offending - risk to the Australian community should the Applicant commit further offences or engage in other serious conduct - strength, nature and duration of ties to Australia - best interests of children - expectations of the Australian community - legal consequences of decision - extent of impediments if removed – Decision under review affirmed.
YEKUPATI (MIGRATION) [2026] ARTA 2140
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – medical assessment – required health examinations completed – prescribed student visa refusal decision reviewed on papers – decision under review set aside and remitted
Fajardo Gonzalez (Migration) [2026] ARTA 2116
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – relevant vocational level courses – return visit for family funeral – family ties in home country – professional business ownership – decision under review set aside and remitted
Bloomfield and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1960
MIGRATION – decision of delegate of Minister to refuse to grant the Applicant a Visitor (Class FA) visa under s501(1) of the Migration Act 1958 (Cth) – character test – Direction no. 110 – protection of the Australian community – expectation of the Australian community – weight moderated by seriousness of conduct and level of risk in circumstances of the case – strength, nature and duration of ties to Australia – best interests of minor children – decision set aside
Matthews-Rudolph and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1827
MIGRATION – Non-revocation of mandatory cancellation of a Class TY Subclass 444 Special Category visa – Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation decision – consideration of Ministerial Direction No. 110 –– primary and other considerations – protection of the Australian community from criminal or other serious conduct - the strength, nature and duration of ties to Australia – best interests of minor children in Australia – expectations of the Australian community – legal consequences of the decision – extent of impediments if removed – impact on Australian business interests - decision under review affirmed
Morris and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1866
MIGRATION – cancellation of the Applicant’s Class BB Subclass 155 Five Year Resident Return visa – child pornography offences – failure to pass good character test – whether the discretion in s 501(2) should be exercised to cancel the Applicant’s visa – Ministerial Direction No. 110 applied – reviewable decision affirmed
LEONG (MIGRATION) [2026] ARTA 2174
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – false or misleading information – sister stated as living in home country when in Australia on student visa – information changed by previous agent without applicant’s knowledge or authority – not informed of natural justice letter – documents as sent to agent provided to tribunal – credible evidence – not recklessly indifferent – decision under review set aside and remitted
MAVAL GROUP PTY LTD (Migration) [2026] ARTA 2131
MIGRATION – position nomination – short-term stream – café/restaurant manager – genuine position – nominee one of three shareholders of applicant and application to facilitate stay in Australia – documentation and submissions – duties of position and nominee’s work in role – decision made without hearing necessary – decision under review set aside and remitted
Deswal (Migration) [2026] ARTA 2112
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – return visit to India – family ties in home country – plans to open a business – decision under review set aside and remitted
CHAN (MIGRATION) [2026] ARTA 2104
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – bogus document submitted with previous tourist visa application – payslip and bank statement while working in another country – claim that genuine documents provided to agent – accepted despite no indication of involvement of agent – agent’s authority to act and applicant’s indifference – discretion to waive requirement – compassionate or compelling circumstances – study progress – diploma completed – decision under review affirmed
Chimmalee and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1826
MIGRATION – mandatory cancellation of Applicant’s Class BS Subclass 801 Partner visa under section 501(3A) – where Applicant does not pass the character test - serious offending – dishonestly obtain financial advantage by deception – whether discretion to revoke the visa cancellation under section 501CA(4) should be exercised – consideration of Ministerial Direction No 110 – decision under review affirmed
King and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1825
MIGRATION – review under s 501CA(4), character test, – Ministerial Direction No. 110.
KAKADU KIMBERLY FASHION WEAR PTY LTD ATF CHOWDHURY FAMILY TRUST (Migration) [2026] ARTA 2136
MIGRATION – Federal Circuit and Family Court remittal – position nominations – temporary residence transition stream – sales and marketing manager, retail buyer and customer service manager – adverse information about applicant – failure to satisfy sponsorship obligation – reasonable to disregard information – bar period now ceased and no information of further failure – expansion of business – nominees’ long-term employment in positions – decision made without hearing necessary – decisions under review set aside and remitted
ALI (MIGRATION) [2026] ARTA 2135
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – incorrect information and bogus document – genuine access to funds – father’s affidavit and bank statement – forensic examination – non-compliance conceded – brother’s bank statement showing sufficient funds provided to agent – applicant’s responsibility for material submitted – otherwise eligible for visa – Cert III completed and enrolment in Cert IV cancelled because of no-study condition of bridging visa – hardship and legal consequences of cancellation – decision under review set aside and substituted
VHVB and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1865
MIGRATION – s 501CA(4) of the Migration Act 1958 (Cth) – Class WE Subclass 050 Bridging E visa – where the Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation – money laundering offences – decision under review affirmed
Radam and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1824
MIGRATION – mandatory cancellation of Class TY Subclass 444 Special Category (temporary) visa under s501(3A) – where Applicant does not pass the character test – Applicant has substantial criminal record – whether the visa cancellation should be revoked under section 501CA(4) – consideration of Ministerial Direction No. 110 – decision under review is affirmed.
Singh (Migration) [2026] ARTA 2108
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – applied after arriving as dependant on wife’s visa – separated but not divorced – family, cultural and religious ties to home country and no strong ties to Australia – work, visa and study history and value of course to future – superficial knowledge of course content – decision under review affirmed
Torres Christancho (Migration) [2026] ARTA 2111
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – employment offers – return visit to Colombia – close family ties in home country – property ownership and cattle registration – decision under review set aside and remitted
ET ELECTRICAL GROUP PTY LTD (Migration) [2026] ARTA 2118
MIGRATION – position nomination – medium-term stream – electronic equipment trades worker – genuine position and financial capacity – small business with director, nominee and two apprentices – growth of business – tasks of position, nominee’s work in role and unpaid leave to complete further studies – remaining criteria to be considered and nominee’s visa review application in progress – decision under review set aside and remitted
Singh (Migration) [2026] ARTA 2107
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – not holder of substantive visa at time of application – factors beyond applicant’s control, compelling reasons for granting visa and substantial compliance with conditions of previous visas – application made soon after previous visa expired – oversight by agent not beyond applicant’s control and ordinary travel not compelling – visa might have been granted on day applicant last held substantive visa – decision under review affirmed
Antonio (Migration) [2026] ARTA 2105
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – authorising stay of more than 12 consecutive months – exceptional circumstances – family medical issues – decision under review affirmed
KUFFOUR (MIGRATION) [2026] ARTA 1911
MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Spouse (Provisional)) – false or misleading information – first DNA testing provided different results for review applicant’s children, and suggested family relationship between visa applicant and one child – second testing established sibling relationship, and no family relationship – no consideration of genuine and continuing relationship – decision under review set aside and remitted
Gissila and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1886
MIGRATION - Citizen of Ethiopia - mandatory cancellation of Class UF Subclass 309 Partner (Provisional) visa under section 501(3A) – where applicant does not pass the character test – risk to the Australian community – drug addiction – non-refoulement claims – ties to the Australian community – reviewable decision set aside
FSZQ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1829
MIGRATION – Mandatory cancellation of Applicant’s Class SI Skilled-Independent visa – Ministerial Direction 110 Applied – Applicant does not pass character test – Substantial criminal record – whether there is another reason to revoke cancellation – decision under review affirmed
TWGJ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1803
MIGRATION – Citizen of South Sudan – Global special humanitarian visa cancelled under s 501(3A) - Refusal of protection (Subclass 866) visa application – Section 36(1C)(b) and s 36(2C)(b)(ii) of the Migration Act 1958 (Cth) – Reasonable grounds for considering applicant convicted by final judgement of a particularly serious crime - Whether applicant is a danger to the Australian community – Disentitling provision in s 36(1C)(b) enlivened - Decision under review affirmed.
Moko and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1753
MIGRATION – mandatory visa cancellation – citizen of New Zealand – Class TY Subclass 444 Special Category (Temporary) visa – diverse offending including family violence – failure to pass the character test – Direction No 110 applied – whether another reasons mandatory cancellation should be revoked – decision set aside and substituted
Boltz Pty Ltd (Migration) [2026] ARTA 2123
MIGRATION – approval of a nomination – Core Skills stream – position of Accountant (General) – tasks of the nominated position matching the nominated occupation – broader financial governance role – business expansion – substantial compliance – Labour Market Testing – decision under review set aside and remitted
Chung (Migration) [2026] ARTA 1918
MIGRATION – Bridging E (Class WE) visa – Subclass 050 (Bridging (General)) – requirement that request to minister to substitute more favourable decision has been made – no request at time of application or hearing – intention to apply and application being prepared – natural and ordinary meaning of requirement – ‘has made’ – adjournment to allow application to minister now would not satisfy requirement at time of visa application – marriage and Australian-born children – no application for partner visa or evidence of arrangement to depart – decision under review affirmed
Maia Filho (Migration) [2026] ARTA 1904
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – Medium-term stream – occupation of Electronic Equipment Trades Worker – working in the nominated occupation for at least 2 years – additional employment details provided upon review – decision under review set aside and remitted
Flynn and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1899
MIGRATION – visa cancellation – special category visa – mandatory cancellation under s 501(3A) of Migration Act 1958 (Cth) – where Applicant does not pass the character test – substantial criminal record – grievous bodily harm – whether ‘another reason’ to revoke cancellation – consideration of Direction no. 110 – protection of Australian community –whether the conduct engaged in constituted family violence – the strength, nature and duration of ties to Australia – best interests of minor children in Australia affected by the decision – expectations of the Australian community – whether obstructing public officers a crime committed against government representatives or officials in the performance of their duties – legal consequences of decision – extent of impediments if removed – Applicant is 37 year old citizen of New Zealand – reviewable decision set aside
Tshibangu and Minister for Immigration and Citizenship (Practice and procedure) [2026] ARTA 1802
CITIZENSHIP – extension of time request – very significant delay – inadequate explanation for the delay – extension of time application refused
Choudhary and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 1716
CITIZENSHIP – application for conferral of Australian citizenship – citizen of India – whether Tribunal satisfied of Applicant’s good character – Australian Citizenship Act 2007 (Cth) – refusal of two previous student visa applications in one name – Applicant changed name in India – submission of successful student visa application in new name – where Applicant blames migration agent in India for failing to disclose previous applications in a different name – where Applicant did not correct the record in subsequent visa and citizenship applications – provision of false information to Australian authorities – evidentiary concerns – Tribunal not satisfied Applicant is of good character at time of decision – decision affirmed
EL ATTAR (MIGRATION) [2026] ARTA 2127
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 101 (Child) – dependent child – wholly or substantially reliant on the review applicant – regular return visits to Lebanon – motorbike purchase – financial provision – money transfers – accommodation and student expenses – decision under review set aside and remitted
2509399 (REFUGEE) [2026] ARTA 2018
REFUGEE – protection visa – China – Federal Circuit and Family Court remittal – imputed political opinion – photographs of military base – release of sensitive information – business approvals denied – watchlist – fear of detention – exit procedures – decision under review set aside and remitted
BYFL and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1983
MIGRATION – mandatory cancellation of visa – applicant does not pass character test – whether ‘another reason’ for cancellation decision to be revoked – applicant guilty of serious violent offences – applicant is a mother with children including a young child with special needs – applicant’s home country South Sudan – impediments on removal extreme – decision under review set aside
Mehau and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1698
MIGRATION – Non-revocation of mandatory cancellation of a Class TY Subclass 444 Special Category (Temporary) visa – Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation decision – consideration of Ministerial Direction No. 110 –– primary and other considerations – protection of the Australian community from criminal or other serious conduct – the commission of family violence - the strength, nature and duration of ties to Australia – the best interests of minor children in Australia - expectations of the Australian community – legal consequences of the decision – extent of impediments if removed - decision under review affirmed
Barahuee and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1697
MIGRATION – mandatory visa cancellation – national of Iran – Refugee (Class XB) (Subclass 200) visa – extensive record of diverse offending – failure to pass character test – whether another reason mandatory cancellation should be revoked – Direction No 110 applied – decision set aside and substituted
Triven RDY Pty Ltd (Migration) [2026] ARTA 2000
MIGRATION – approval of a nomination – Medium-term stream – occupation of Chef – genuine position – updated organisational chart – updated financial information – nominee performing the role – financial capacity – decision under review set aside and remitted
SATNAM SINGH (MIGRATION) [2026] ARTA 1909
MIGRATION – Partner (Temporary) (Class UK) – Subclass 820 (Spouse) – bogus document and/or false or misleading information – adverse information – previous relationship/marriage not declared – legal status of marriage – not solemnised by religious rites – relationship ceased before application made – bogus document provided with previous student visa application – school certificate – documents obtained by another person – discretion to waive criterion – compelling and compassionate circumstances – allegation of contrived relationship and payment – validity of marriage in Australia depends on legal status of previous relationship/marriage – de facto relationship – limited evidence of financial, household and social aspects of relationship and nature of commitment – relationship ceased – recent birth of child with applicant believed to be the father – no evidence about paternity – no supporting statement or evidence from sponsor – decision under review affirmed
2535984 (REFUGEE) [2026] ARTA 2170
REFUGEE – protection visa – India – imputed political opinion – communal violence – land dispute – physical assault – fear of killing – state protection – internal relocation – decision under review affirmed
Sabahlpcc Pty Ltd (Migration) [2026] ARTA 2121
MIGRATION – nomination of a position – Medium-term stream – position of Chef – inapplicability condition – limited-service restaurant – labour market testing – organisational details – extensive menu with an Asian fusion twist – standalone venue within a shopping centre – full-service establishment – decision under review set aside
POTGIETER (Migration) [2026] ARTA 2103
MIGRATION – Skilled Employer Sponsored Regional (Provisional) (Class PE) visa – Subclass 494 Skilled Employer Sponsored Regional (Provisional – occupation of Electrician (General) – three years full-time employment in the nominated occupation – skills assessment – evidence of employment and licensing provide upon review – AQF qualification – decision under review set aside and remitted
MBAKA (MIGRATION) [2026] ARTA 1997
MIGRATION – cancellation – Skilled Employer Sponsored Regional (Provisional) (Class PE) visa – Subclass 494 Skilled Employer Sponsored Regional (Provisional) – occupation of Aged and Disabled Carer – education provider’s registration and qualifications cancelled – working only in the nominated occupation – family bereavement – qualification subsequently re-issued by another provider – decision under review set aside and substituted
S & S Kindergarten Pty Ltd (Migration) [2026] ARTA 2120
MIGRATION – approval of a nomination – Core Skills stream – position of Child Care Worker – genuine position – operational structure – updated organisational information – tasks of the position correspond to nominated occupation – Labour Market Testing – nominee’s experience in the role – decision under review set aside and remitted
Pham (Migration) [2026] ARTA 1917
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – Federal Circuit and Family Court remittal – false or misleading information – previous application as secondary applicant with first husband not declared – statement that they had not lived together after separating – consistent and credible evidence about breakdown of marriage, continuing contact and financial support for child – limited knowledge of previous application, and passage of time – no element of fraud or deception – delay in divorcing, and second relationship started and application made while still officially married – second relationship ceased and claim of family violence – anonymous allegations unable to be tested and given no weight – member of family unit child now adult – no consideration of genuine relationship or family violence – decision under review set aside and remitted
TRAN (MIGRATION) [2026] ARTA 1912
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – genuine and continuing relationship – validly married – financial, household and social aspects of marriage and nature of commitment – statutory declarations and supporting statements – one photograph digitally edited to include applicant, without applicant’s knowledge – sponsor died after accident while application in progress – member of family unit child – decision made without hearing necessary – decision under review set aside and remitted
RGVG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1701
MIGRATION – mandatory visa cancellation – citizen of New Zealand – criminal record – review under section 501CA(4) – failure to pass character test – Ministerial Direction No 110. applied – Primary Considerations – protection of the Australian community from criminal or other serious conduct – risk of re-offending – family violence – strength, nature and duration of ties to Australia – best interests of minor children – expectations of the Australian community – Other Considerations – legal consequences – extent of impediments if removed – decision affirmed.
2560794 (Migration) [2026] ARTA 2084
MIGRATION – cancellation – Temporary Skill Shortage (Class GK) visa – Subclass 482 - Temporary Skill Shortage – incorrect information in the visa application – family identities – biometric matches to applicants of different names – previous visa refusals – credibility issues – lawyers advised to assume new identities – family health issues – decision under review affirmed
Roger Tennis Club Pty Ltd (Migration) [2026] ARTA 2138
MIGRATION – approval of a nomination – Core Skills stream – occupation of Sports Development Officer – nominee will not be engaged only as an employee under a written contract – written employment agreement provided upon review – Director’s credentials confirmed – decision under review set aside and remitted
FAN (MIGRATION) [2026] ARTA 2130
MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Partner (Provisional)) – sponsorship limitation requirement – sponsor has previously sponsored two other people – compelling circumstances – two previous long standing and committed relationships – temporary residence in New Zealand – physical and emotional support – decision under review set aside and remitted
DHIMAN (MIGRATION) [2026] ARTA 1998
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in a higher education course – applicant changed course to a lower level – non-payment of fees – claimed emotional and family hardship – decision under review affirmed
Mezcals Pty Ltd (Migration) [2026] ARTA 1996
MIGRATION – approval of a nomination – Core Skills stream – position of Chef – genuine position – limited organisation chart and operations – financial capacity – workplace ceased operations – nominee no longer employed – decision under review affirmed
HEJAZE (MIGRATION) [2026] ARTA 1915
MIGRATION – Partner (Provisional) (Class UF) visa – Subclass 309 (Partner) – genuine and continuing relationship – validly married – financial, household and social aspects of relationship and nature of commitment – good knowledge of each other’s circumstances – some separation of finances because of ages, previous partnerings and living in different countries – limitation on travel because of inadequate migration advice – credible evidence – decision under review set aside and remitted
PALASIT (MIGRATION) [2026] ARTA 1914
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – false or misleading information – previous relationship not declared – element of fraud or deception – discretion to waive criterion – genuine and continuing relationship – validly married – documentation and supporting statements – compassionate or compelling circumstances – sponsor’s mental health – psychologist’s report – decision under review set aside and remitted
HFWT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1765
MIGRATION – visa cancellation – Class BB Subclass 155 Five Year Resident Return (permanent) visa – mandatory cancellation under s 501(3A) of Migration Act 1958 (Cth) – where Applicant does not pass the character test – substantial criminal record – sexually based offences involving a child - whether ‘another reason’ to revoke cancellation – consideration of Direction no. 110 – protection of Australian community –whether the conduct engaged in constituted family violence – whether wounding involved conduct which caused the victim to be fearful – whether sexually based offences involved conduct that coerces or controls a family member – the strength, nature and duration of ties to Australia – best interests of minor children in Australia affected by the decision – expectations of the Australian community – legal consequences of decision – extent of impediments if removed – impact on Australian business interests – Applicant is 44 year old citizen of the United Kingdom of Great Britain and Northern Ireland – reviewable decision affirmed
INBOX MOVING SERVICES PTY LTD (MIGRATION) [2026] ARTA 1993
MIGRATION – approval of a nomination – occupation of Marketing Specialist – nominated program as a genuine training opportunity – tailored to the training needs of the nominee – at least 12 months full-time experience in the occupation – organisational capacity and oversight – duties not exclusively marketing work – decision under review affirmed
MWAJUMA YOWALI (MIGRATION) [2026] ARTA 2101
MIGRATION – Prospective Marriage (Temporary) (Class TO) visa – Subclass 300 (Prospective Marriage) – genuine intention to live together as spouses – establishment of relationship in refugee camp – not residing together and no joint finances – social recognition of relationship – not in de facto relationship when application made, and sponsorship prohibition does not apply – decision under review set aside and remitted
VISHAL (MIGRATION) [2026] ARTA 1999
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in a higher education course – possible cessation of studies – applicant maintained enrolment – applicant enrolled at another college – college system autogenerated cancellation – different students shared the same name – ground for cancellation does not arise – decision under review set aside and substituted
Moktan (Migration) [2026] ARTA 1995
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in a registered course – gap in studies – mental health issues – family bereavement – applicant re-enrolled in her course – course progress – financial hardship – college blocked deferment process – decision under review set aside and substituted
KAUR (MIGRATION) [2026] ARTA 1976
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – several course cancellations – new course relevant to proposed future employment – relevant course progress – evidence of financial capacity – community and family ties in home country – decision under review set aside and remitted
GUVINDER SINGH (MIGRATION) [2026] ARTA 1913
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) –bogus document given as part of previous student visa application – integrity check – school examination certificates and marks sheet – genuine documents provided to former agent, now closed and subject to allegations of fraud – reliance on agent and no complicity or reckless indifference – decision under review set aside and remitted
Joshi Aryal (Migration) [2026] ARTA 2115
MIGRATION – Student (Temporary) (Class 500) – Subclass 500 (Student) – genuine temporary entrant – visa, study and work history – previous student and temporary graduate visas – enrolment in lower-level courses in related subjects then change of subject area and career plan – attendance and completion of units – family, community and job offer in home country – expected salary after cost of study – availability of courses – financial support from permanent resident sister in Australia – unrelated study while holding temporary graduate visa – decision under review affirmed
Tamang (Migration) [2026] ARTA 1977
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – applicant’s spouse was already in Australia – good academic progress to benefit future career – employment plans focused on Nepal – strong family and financial ties in home country – decision under review set aside and remitted
Chen (Migration) [2026] ARTA 1974
MIGRATION – Business Skills – Business Talent (Permanent) (Class EA) visa – Subclass 132 (Business Talent) – main business with an annual turnover of at least AUD3,000,000 – ownership interest – direct and continuous involvement in management – qualifying business providing goods and/or services profitably – turnover figures were exclusive of VAT – decision under review set aside and remitted
Zhang (Migration) [2026] ARTA 1957
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – bogus document – employment offer letter with limited details – genuine position in emerging business – updated job offer letter – decision under review set aside and remitted
HARPINDER SINGH (MIGRATION) [2026] ARTA 1844
MIGRATION – Medical Treatment (Visitor) (Class UB) visa – Subclass 602 (Medical Treatment) – department’s decision not disputed, consent to decision without hearing and request for referral for ministerial consideration – parent of Australian citizen child – welfare and best interests – appropriate to refer – decision under review affirmed
KANDA (MIGRATION) [2026] ARTA 1836
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – visa, study and work history – applied after arriving on visitor visa – completion of courses and academic progression – value of course to applicant’s future – expansion of family business – employment outside business field relevant to aspirations – family and property – confused evidence – under review set aside and remitted
2300178 (REFUGEE) [2026] ARTA 2091
REFUGEE – protection visa – the Philippines – written claims resiled from – economic conditions and cost of medication – consent to decision without hearing – conditions faced by population generally – decision under review affirmed
2218056 (MIGRATION) [2026] ARTA 2017
MIGRATION – Partner (Residence) (Class BS) visa – Subclass 801 (Spouse) – relationship ceased – genuine relationship before family violence – non-judicially determined claim of family violence – coercive control – financial threats to withdraw visa sponsorship – mental health issues – independent expert report – specified evidence – decision under review set aside and remitted
MUMTAZ (MIGRATION) [2026] ARTA 1978
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – bogus document in a previous application – education completion certificate – false or misleading information – non-accredited institution ceased operations – claims against previous education agent – decision under review affirmed
Daza Agudelo (Migration) [2026] ARTA 1936
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language requirement – Pearson Test of English Academic result provided upon review – currently enrolled in an ELICOS course – IELTS Test Preparation Course – decision under review set aside and remitted
Mohammad (Migration) [2026] ARTA 1848
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – visa and study history – not currently enrolled in full-time registered course – decision under review affirmed
Thammakit (Migration) [2026] ARTA 1954
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – enrolment in a course of study – request for hearing postponement for psychological treatment – decision under review affirmed
KHAN (MIGRATION) [2026] ARTA 1906
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmed
MOHAMMED (MIGRATION) [2026] ARTA 1846
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – applied after arriving on transit visa and holding visitor visa – bogus document or false or misleading information – travel itinerary and working visa for another country – application prepared by agent with no knowledge of contents by applicant – documents provided, authority to act given and indifference to agent’s actions – no compelling or compassionate circumstances justifying grant of visa – decision under review affirmed
Calle Restrepo (Migration) [2026] ARTA 1956
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – several course changes – course cancellations – employment offer in Colombia – bilingual language skills – return visit to Colombia – family ties in home country – decision under review set aside and remitted
Rugabuna and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1764
MIGRATION - Employer Nomination Scheme Class BW Subclass 856 visa - whether Applicant passes the character test - whether there is another reason to revoke the mandatory cancellation decision - consideration of Ministerial Direction No. 110 - primary and other considerations - protection of the Australian community - family violence committed by non-citizen - strength, nature and duration of ties to Australia - best interests of minor children in Australia - expectations of the Australian community - legal consequences of decision - extent of impediments if removed - impact on Australian business interests - decision under review affirmed
Yew (Migration) [2026] ARTA 1953
MIGRATION – Skilled Independent (Permanent) (Class SI) visa – Subclass 189 (Skilled – Independent) – points-based visa – occupation of Management Accountant – skills assessment – Australian employment experience but working partially remotely overseas – decision under review affirmed
FCVQ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1720
MIGRATION – non-revocation of mandatory cancellation of a Class TY Subclass 444 Special Category (Temporary) visa – where Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation decision – consideration of Ministerial Direction No. 110 – decision under review affirmed.
K & S Food Services Pty Ltd (Migration) [2026] ARTA 1856
MIGRATION – application for approval of nomination of position – Federal Circuit and Family Court remittal – direct entry stream – chef – recent expenditure on training – three trainees registered in certificate courses – trainees’ pay as percentage of payroll – decision under review set aside and remitted
SIMPSON (MIGRATION) [2026] ARTA 1973
MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – misleading information in the visa application – numerous overseas convictions not declared – United Kingdom Police records check – convictions believed to be spent – compelling circumstances affecting the interests of an Australian – Australian citizen family’s financial dependence on the applicant – employer’s heavy reliance on the applicant training staff – decision under review set aside and remitted
International Aviation Alliance Pty Ltd (Migration) [2026] ARTA 1971
MIGRATION – approval of a nomination – Medium-term stream – occupation of Corporate General Manager – genuine position – intra-corporate transfer from the parent company – limited evidence of business operations – updated financial information – applicant employs no staff in Australia – zero sales – actively trading – tasks of the position correspond to nominated occupation – decision under review affirmed
Buduja (Migration) [2026] ARTA 1853
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency – no evidence of minimum score achieved in approved test – two tests failed – decision under review affirmed
Ahmed (Migration) [2026] ARTA 1934
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – current enrolment – decision under review affirmed
Tangam (Migration) [2026] ARTA 1854
MIGRATION – Student (Class TU) visa – Subclass 600 (Student) – genuine temporary entrant – study, visa and work history – higher study in home country – multiple visas – English and lower-level study in different subject areas in Australia – one course specifically to continue working in Australia – period of non-enrolment – changes of career plan and value of study to applicant’s future – aging parents and siblings – decision under review affirmed
Wang (Migration) [2026] ARTA 1980
MIGRATION – Medical Treatment (Visitor) (Class UB) visa – Subclass 602 (Medical Treatment) – genuine temporary stay for medical treatment – no medical evidence provided – consideration of Ministerial Intervention – parent of an Australian citizen child – decision under review affirmed
Smith (Migration) [2026] ARTA 1935
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – New Zealand work visa – vague plans to establish a business – fiancé and family in home country – maintaining ongoing residence in Australia – decision under review affirmed
Morke (Migration) [2026] ARTA 1858
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – tourist stream – previous visa cancelled – no discretion to waive – compelling and compassionate circumstances may exist – referred for ministerial consideration – decision under review affirmed
Baloch (Migration) [2026] ARTA 1837
MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – direct entry stream – motor mechanic – work experience and skill level – reference letter from previous employer did not specify full-time work, and business now ceased – own business and sub-contracting work – paperwork lost when vehicle stolen and burned – skills assessment – credible evidence – decision under review set aside and remitted
2505028 (REFUGEE) [2026] ARTA 2015
REFUGEE – Protection Visa – China – economic problems – requested for a decision without a hearing – claims are vague and lacking in meaningful details – credibility concerns – decision under review affirmed
REINDORF (MIGRATION) [2026] ARTA 1979
MIGRATION – cancellation – Temporary Skill Shortage (Class GK) visa – Subclass 482 - Temporary Skill Shortage – incorrect information in the visa application – bogus documents – employment details – applicant self-reported incorrect answers – decision under review affirmed
SHETTY (MIGRATION) [2026] ARTA 1937
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – genuine access to funds – enrolment in a registered course – course cancellations – family medical issues – value of courses to benefit future career – limited course progress – maintaining ongoing residence in Australia – decision under review affirmed
HU (MIGRATION) [2026] ARTA 1852
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – change from coursework to research – study related to critical technology without ministerial approval – request form lodged – position as lead developer and casual academic work – continuing study on bridging visa and course now mostly completed – scope and importance of program and financial and reputational risk for university – application for further student visa in progress – decision under review set aside and substituted
PATEL (MIGRATION) [2026] ARTA 1850
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – visa, study and work history – applied after arriving as secondary applicant on husband’s visa – separated soon after arriving and marriage now ceased – misleading evidence about separation and divorce – change of subject area – value of course to applicant’s future – extended family in home country – embellished claim of property ownership – decision under review affirmed
TEHGO PTY LTD (Migration) [2026] ARTA 1847
MIGRATION – application for approval of nomination of position – genuine position –nominated occupation – cinema duty manager classified as hotel and motel manager rather than licenced club manager – for-profit entertainment and hospitality venue – scope of operations and tasks of positions – nominee’s work experience in lieu of qualification – decision under review set aside and remitted
Kaur (Migration) [2026] ARTA 1838
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – certificate and first diploma courses completed and second diploma course in progress – changes of subject area – relevant employment and business plans – family, social, and religious connections in home country, with return visits – decision made without hearing necessary – decision under review set aside and remitted
TOOR (MIGRATION) [2026] ARTA 1952
MIGRATION – Skilled Work Regional (Provisional) (Class PS) visa – Subclass 491 - Skilled Work Regional (Provisional) – reasonable opportunity to present a case – inconsistent English language test scores – bogus test score card – decision under review affirmed
CHEN (MIGRATION) [2026] ARTA 1933
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – bogus document – Personal Employment Income Certificate – inaccurate translation – no compassionate or compelling circumstances – decision under review affirmed
Na (Migration) [2026] ARTA 1932
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – dismissal decision – failure to attend Tribunal hearing – reinstatement request – family medical emergency – evidence of enrolment not supplied – dismissal confirmed – decision under review affirmed
Grewal (Migration) [2026] ARTA 1842
MIGRATION – Skilled Nomination (Permanent) (Class SN) visa – Subclass 190 (Skilled - Nominated) – points test – partner not also applicant for same subclass visa – documents provided with intention of adding partner to application and form submitted later – decision under review affirmed
Golden Wattle Retail Pty Ltd (Migration) [2026] ARTA 1958
MIGRATION – approval of a nomination – Core Skills stream – position of Retail Manager (General) – genuine and full-time position – tasks of the position correspond to nominated occupation – required skills and experience – updated financial information – decision under review set aside and remitted
O'SHAUGHNESSY (MIGRATION) [2026] ARTA 1835
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – genuine and continuing relationship – financial, household and social aspects of relationship and nature of commitment – development and length of relationship – initially living separately for work – relationship registered – joint activities, travel and visits from relatives – detailed, consistent and credible oral evidence, documentation and supporting statements – application made more than 28 days after last substantive visa held – compelling reasons for not applying criterion – applicant’s visa history and compliance – mental health – employment in sector with workforce shortages, and sponsor’s business – conduct of original agent – decision under review set aside and remitted
Soboh (Migration) [2026] ARTA 1955
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – misleading information – employment details of secondary applicant – income from casual employment – chronic medical condition – genuine and continuing spouse relationship – compassionate or compelling circumstances – substantial practical assistance to the sponsor – employment assisting children with special needs – decision under review set aside and remitted
Pahulpreet Kaur (Migration) [2026] ARTA 1851
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine temporary entrant – changes of subject area – study for long-term career goals rather than immediate employment – work history, current role and job offer in home country – comparative earnings and cost of living – parents and other relatives in home country – continuous study and visa compliance – scope of role of representative at hearing – decision under review affirmed
2418212 (REFUGEE) [2026] ARTA 2167
REFUGEE – protection visa – Malaysia – fear of harm from gangsters – borrowed money after agent promised job in Australia – harassed and threatened and house and car damaged – application completed by another person with no knowledge of contents by applicant – borrowed for business – continuing harassment of family and police inaction – divorced claimed to be for protection of family – bank records show most loans repaid in full before travelling – remaining creditor using legal means to pursue debt – authenticity of photos – country information – decision under review affirmed
Hernandez Sierra (Migration) [2026] ARTA 1713
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – relevant courses – family ties in home country – employment offer – decision under review set aside and remitted
Nguyen (Migration) [2026] ARTA 1712
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – plans to establish a business – relevant employment in Australia – family ties in home country – decision under review set aside and remitted
2555936 (MIGRATION) [2026] ARTA 2083
MIGRATION – Partner (Residence) (Class BS) visa – Subclass 801 (Partner) – genuine and continuing relationship accepted – relationship ceased and non-judicially determined claim of family violence – broadly consistent evidence – statutory declarations by applicant and specified practitioners – opinion of independent expert taken as correct – decision under review set aside and remitted
Arhbal (Migration) [2026] ARTA 1710
MIGRATION – Employer Nomination (Residence) (class BW) visa – Subclass 857 Regional Employer Nomination – position of Cook – protracted visa application process – non-compliant withdrawal of visa application – no pre-qualifying visa – enrolled in an award course at diploma level or above – skilled occupation – request for Ministerial Intervention for secondary applicants – decision under review affirmed
BANGASH (MIGRATION) [2026] ARTA 1714
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 101 (Child) – identity details – inconsistencies in identity documents – inconsistent dates of birth – DNA tests – certificates were genuinely issued – school records commonly used to establish ages – decision under review set aside and remitted
PATEL (MIGRATION) [2026] ARTA 1715
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – maintaining eligibility – English language proficiency – English test results revoked – applicant not advised of test results being revoked or visa cancellation – natural justice – course almost finished – decision under review set aside and remitted
Yacoob (Migration) [2026] ARTA 2021
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Spouse) – identity, bogus documents and false or misleading information – information given in previous student visa applications, and at recent interviews – applicant’s and parents’ names, dates and places of birth, and life story – passports, verification by consulate and other documentation – birth certificate and mother’s death certificate provided by migration agent and not genuine – application for resolution of status visa under different identity – element of fraud or deception by agents – advice to maintain false story – mental health – period as unlawful non-citizen – application made while in immigration detention – anonymous allegation of contrived relationship cannot be tested and given no weight – genuine and continuing relationship – validly married – limited documentary evidence of financial, household and social aspects of relationship – nature of commitment – cessation of applicant’s previous relationship – social activities with families and friends – detailed and consistent evidence and supporting statements – compassionate or compelling circumstances to waive requirement – sponsor’s and father’s physical and mental health – unable to live in applicant’s home country – mixed-race and inter-faith relationship – exclusion period, offshore application and likelihood of extended separation – decision under review set aside and remitted
2205880 (Migration) [2026] ARTA 1902
MIGRATION – Partner (Residence) (Class BS) visa – Subclass 801 (Spouse) – genuine and continuing relationship before family violence – divorce – allegation of contrived relationship – Domestic Violence Order against the sponsor’s son – periods of separation after marriage – social recognition of the relationship – ongoing communication – opinion of an independent expert – decision under review set aside and remitted
2400139 (REFUGEE) [2026] ARTA 2196
REFUGEE – protection visa – Thailand – political opinion – opposition to the government – criticism of the King – fear of detention – online activism – death threat – period of unlawful residence – return visits to Thailand – delay in applying for protection – decision under review affirmed
2216111 (Refugee) [2026] ARTA 2190
REFUGEE – protection visa – Malaysia – particular social group – lesbian Malay Muslim – fears forced marriage, discrimination, and being charged with breaching Sharia Law – photographic evidence of same-sex relationship – detailed, cohesive, consistent claims – country information confirms real chance of harm – decision under review remitted
2306217 (Migration) [2026] ARTA 1901
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – genuine and continuing relationship – financial, household and social aspects of relationship and nature and commitment – renovation of house and joint bank account for daily expenses – care for sponsor’s adult child and ex-wife undergoing medical treatment – family, social and special interest activities – length of relationship, statutory declarations, photos, social media and supporting evidence – not holder of substantive visa when application made – compelling reasons for not applying criteria – record of visa compliance – sponsor’s age and physical and mental health – decision under review set aside and remitted
Raveavea (Migration) [2026] ARTA 2128
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – not enrolled in course of study – non-compliance of visa condition – grounds for cancellation exist – did not continue studies due to overdue school fees and lack of job – parents were unable to provide financial support at time – prevented from attending classes due to unpaid fees – enrolment cancelled – had to relocate multiple times in Australia – education provider initially refused to provide letter of release – not offered access to any internal appeals process – moved state and enrolled in new course – evidence of enrolment and paid school fees – decision under review set aside
Bibyan (Migration) [2026] ARTA 2125
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – continued to pursue study after visa cancellation – change in study pathways – very good course progress – value of Australian courses – course relevant to future goals – some assets in home country – economic incentives to remain in Australia – maintains strong ties to family, relatives and social networks in home country – two return trips to home country – complying with visa conditions – decision under review remitted
Darma (Migration) [2026] ARTA 2110
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – course completed – not currently enrolled in any course of study – intention is to remain in Australia for as long as possible to continue in current employment in Australian-based company – enrolled at time of visa and review applications – decision under review affirmed
Le (Migration) [2026] ARTA 2133
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – not currently enrolled in course of study – course cancelled due to non-commencement of studies – did not re-enrol because migration agent blocked his contact – decision under review affirmed
Amandeep Singh (Migration) [2026] ARTA 2109
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – not currently enrolled in a course of study – non-commencement of studies in 2 courses – lost focus – decision under review affirmed
Mango & Pamela Thai Restaurant Pty (Migration) [2026] ARTA 2134
MIGRATION – approval of nominated occupation (employer nomination) – Subclass 457 – Federal Circuit and Family Court remittal – non-disclosure certificate – genuine position – matched tasks and duties of nominated position – steady business growth over time – decision under review remitted
2315134 (REFUGEE) [2026] ARTA 1787
REFUGEE – protection visa – Timor-Leste – no Convention nexus – wife’s extra-marital affair – family member in a martial arts group – attack on home – employment – threats from late husband’s family – gender-based violence – state protection – complementary protection – decision under review set aside and remitted
Aran Barbosa (Migration) [2026] ARTA 2114
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – close ties to family in home country – property and super in home country – value of Australian courses – change in career path – financial and work incentives in Australia – positive academic progression – non-viable business plan – significant time in Australia studying 10 courses – decision under review affirmed
Darren John Frame (Migration) [2026] ARTA 2102
MIGRATION – approval of nominated occupation – Subclass 482 – short-term stream – business expanding due to increased demand – significant growth and change – performs tasks and duties of nominated position – employed on a full-time basis – genuine position – decision under review set aside and remitted
Union Electric Pty Ltd (Migration) [2026] ARTA 1855
MIGRATION – approval of nominated occupation (employer nomination) – Subclass 482 visa – short-term stream – food offerings constitute more than a limited-service restaurant – photographic evidence of commercial kitchen in use – genuine position – matched tasks and duties of nominated position – decision under review remitted
Chong (Migration) [2026] ARTA 1839
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – decision on the papers – can be adequately determined – family in home country – return trip to renew passport – no evidence of having close ties to family – has studied and worked abroad prior to coming to Australia – no ties to Australia – change in career pathway – value of Australian courses – maintained steady enrolment and has completed one course – no evidence of level of engagement with current course – claimed value of course to future plans are generalised and unsubstantiated – potential remuneration in Malaysia does not justify expense of courses and period of residence in Australia – complying with visa conditions – decision under review affirmed
Wu (Migration) [2026] ARTA 1916
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – failed to maintain enrolment in full-time registered course – non-payment of fees – non-commencement of studies – no evidence of any academic progress – compassionate circumstances beyond his control – physical, psychological and emotional health challenges – did not properly apply for suspension of studies – partner visa granted – no corroborating psychological or psychiatric evidence supporting claims of mental health issues – decision under review affirmed
Wu (Migration) [2026] ARTA 1860
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – vocational education and training sector stream – whether visa application was validly made – false or misleading information – bogus graduate certificate – certificate was prepared and lodged by migration agency – claims information not verifiable at time of visa application because school’s website was under maintenance – alternative website identified is not an official website – never attended any institution of higher education in China – left agency entirely free to procure student visa by whatever means necessary – recklessness as to truth of representations of agency – continued to study – wishes to remain in Australia long term to live and study – did not intend genuinely to stay temporarily in Australia – no compassionate or compelling circumstances – decision under review affirmed
2541903 (Refugee) [2026] ARTA 1711
REFUGEE – protection visa – Lebanon – Federal Circuit and Family Court remittal – prison sentence, cancellation of bridging visa and immigration detention – long absence and difficulty reintegrating, socio-economic and security conditions, health care and fear of harm from victim’s family – brother shot and seriously injured, claimed to be by victim’s family – multiple physical and mental health conditions – conviction in absentia on false charge, prison sentence and fine – country information – border alerts and checks – real risk of arrest and detention – poor conditions in detention facilities and incidents of cruel or inhuman treatment – likely delay in resolving matter – fear of harm not for refugee criterion – complementary protection – real risk of significant harm – decision under review remitted
2404035 (REFUGEE) [2026] ARTA 1709
REFUGEE – protection visa – Malaysia – particular social group – victim of family violence – physical assault – fear of killing – divorce – ongoing employment – financial hardship – state protection – decision under review affirmed
Rajnikant (Migration) [2026] ARTA 1920
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – close ties to family in home country – financial support from family – value of Australian courses – course relevant to future goal – satisfactory academic progression – return trips to India for medical reasons – applied for deferments/suspensions under compassionate or compelling circumstances – complying with visa conditions – decision under review remitted
Duong (Migration) [2026] ARTA 1849
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – close ties to family including son in home country – ongoing financial support by parents – value of Australian courses – course relevant to future goals – job offer in home country – new partner in Australia – pregnancy has affected study – no family support in Australia – level of English is potential barrier to finding satisfactory work in Australia – complying with visa conditions – decision under review remitted
Lee (Migration) [2026] ARTA 1845
MIGRATION – Business Skills (Permanent) visa – Subclass 888 – eight required business activity statements not provided to Commissioner – decision on the papers – can be adequately determined – each BAS required during relevant period has been included in application – decision under review remitted
Red Coral Management Pty Ltd ATF Le Family Trust (Migration) [2026] ARTA 1840
MIGRATION – approval of nominated position (employer nomination) – Subclass 482 (Temporary Skill Shortage) visa – short-term stream – labour market testing requirements – jurisdictional error claim – not a limited-service restaurant – dishes prepared upon order and onsite in commercial kitchen – invested in commercial-grade equipment – engagement of professional consultant – photographic evidence of floor plan and establishment – paid nomination training contribution charge – matched tasks and duties of nominated position – genuine position – decision under review remitted
Borbon Rojas (Migration) [2026] ARTA 1841
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – close ties to widowed mother and friends in home country – property purchase agreement in home country – no ties to Australia – value of Australian courses – course aligned with background and relevant to future goals – satisfactory academic progression – offer of employment in home country – English skills gained will be seen favourably – complying with visa conditions – decision under review remitted
KAUR (Migration) [2026] ARTA 1843
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – breached visa condition – not enrolled in full-time registered course – family ties in home country – stressed by temporary separation of parents – unaware of student support plan despite it being related to course of study – stopped receiving funding from parents – lengthy non-compliance – changed to more affordable course – unsatisfactory study progression – little study plan and focus to education – new career direction can be studied in home country – no further or updated evidence or submissions provided – decision under review affirmed
2403241 (REFUGEE) [2026] ARTA 1809
REFUGEE – protection visa – Malaysia – particular social group – victim of loan shark – physical assault – internal relocation – state protection – decision under review affirmed
Twinoz Pty Ltd (Migration) [2026] ARTA 1859
MIGRATION – approval of nominated occupation (employer nomination) – Subclass 482 – how nominated position fits within structure of company’s business – nominee did not attend hearing – nominee has also been working for 2 businesses not associated with the company – arrangement breaches obligations of a sponsor – not satisfied nominated occupation is required full-time by company – nomination refused – decision under review affirmed
2214513 (Migration) [2026] ARTA 1834
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) visa – unnecessary delays due to failures to adhere to Tribunal directions – sponsor is an Australia citizen – past leases, financial documents, photographs and flight itineraries provided – de facto relationship at time of application – engaged but not married – resided together for years – written evidence from housemates – joint bank account used for utilities and household expenses – co-owners of a business – shared household chores – photographic evidence of socialising regularly with family and friends – travelled together – drew companionship and emotional support from one another – plans to buy a house and have a child together – relationship with sponsor ceased due to family violence – sponsor revoked sponsorship when relationship ceased – evidence of provisional AVO and letters from GP and mental health service providers – no substantive visa at time of application – compelling reasons – decision under review remitted
2311505 (REFUGEE) [2026] ARTA 1774
REFUGEE – protection visa – Nepal – particular social group – divorced woman – victim of family violence – physical assault – fear of killing – threats for leaving Nepal – practicality of internal relocation – Third Country protection in India – decision under review set aside and remitted
Romualdo Miani (Migration) [2026] ARTA 1857
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – English language proficiency requirements – whether English course accompanied vocational qualification – ELICOS satisfied test – has not achieved minimum English language test score of 50 – decision under review affirmed
2105167 (REFUGEE) [2026] ARTA 1770
REFUGEE – protection visa – Malaysia – failed business venture – lost monies from multi-level investment – fraud conviction – threats of physical assault – fear of killing – state protection – decision under review affirmed
2306750 (Migration) [2026] ARTA 1754
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) visa – de facto partner of sponsor at time of visa application – validly married – resided together – joint bank accounts – shared household expenses and responsibilities based on individual capacity and commitments – attended social and family events as a couple – travelled together – sponsor’s family were not supportive of relationship – drew emotional support from each other, built a home together, and had plans to have children – relationship ceased due to family violence – mental health conditions – leaving family members and established support networks in Australia would result in undue hardship – divorce not yet finalised – compelling reasons – letter from counsellor and psychologist – decision under review set aside and remitted
2404806 (Refugee) [2026] ARTA 2210
REFUGEE – protection visa – China – imputed political opinion – land resumption without compensation – physical assault – torture – fear of killing – detention – state protection – decision under review affirmed
2010563 (REFUGEE) [2026] ARTA 1813
REFUGEE – protection visa – Malaysia – joint hearing of two applications – new claim of domestic abuse by estranged, now divorced, husband – consistent evidence and abuse accepted – no recent contact or threat – period as unlawful non-citizen and work without rights – length of residence and strong ties – member of family unit daughter – language and education – harm due to adjustment to life in home country not systematic and discriminatory – second child born in Australia – two related applications by husband/father unsuccessful – immigration detention, prison and deportation – decision under review affirmed
2108058 (Refugee) [2026] ARTA 1789
REFUGEE – protection visa – the Philippines – threatened by ex-girlfriend’s family –application prepared by unregistered agent, some information incorrect and claims abandoned – new claims – member of family unit child born after visa application and before delegate’s decision – language, living conditions, security and safety from child’s mother’s ex-husband – relied on agent and adverse inference not drawn – mother’s separate review application in progress – mother’s evidence of having no former partner – country information – rights, welfare and education of children – living and education standards and possible teasing and bullying not to required level of harm – decision under review affirmed
2215536 (REFUGEE) [2026] ARTA 1773
REFUGEE – protection visa – Malaysia – particular social group – homosexual woman – relationship in home country continuing while working in another country and now ceased –discrimination and harassment – no interactions with authorities – general and unconvincing evidence of sexual orientation and no documentary evidence – no community activities – delay in applying for protection – sexual orientation not accepted – decision under review affirmed
2405836 (REFUGEE) [2026] ARTA 1772
REFUGEE – protection visa – Vietnam – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmed
2204878 (REFUGEE) [2026] ARTA 1728
REFUGEE – protection visa – Timor-Leste – paying interest on father’s loan from illegal money lender – father and siblings unable to pay – attempted attacks on applicant and siblings – application prepared by friend – inconsistent claims identical to those in multiple other applications and no documentary evidence – country information – economic conditions and financial hardship apply to population generally – siblings receiving government scholarships and studying overseas, with prospects of employment – decision under review affirmed
2409594 (REFUGEE) [2026] ARTA 2169
REFUGEE – protection visa – China – religion – Christian – local Church – Shouters – political opinion – opposition to the government – detention of father – physical assault – decision under review set aside and remitted
2216869 (Refugee) [2026] ARTA 2165
REFUGEE – protection visa – Solomon Islands – no Convention nexus – land development dispute – physical assault – death threats – employment – attack on home – state protection – access to medical care – delay in applying for protection – decision under review affirmed
2410139 (REFUGEE) [2026] ARTA 2213
REFUGEE – protection visa – China – bank account frozen by order of municipal government – leader of group application to court – monitored, threatened, abducted and beaten – member of family unit wife – no further information or supporting evidence provided and consent to decision without hearing – responsibility to specify claims and provide sufficient evidence – country information – government’s anti-corruption campaign – constitutional freedom of speech limited in practice – arbitrary arrest and detention – exit procedures – decision under review affirmed
2206247 (REFUGEE) [2026] ARTA 2090
REFUGEE – protection visa – Malaysia – particular social group – homosexual woman – caught having sex with another woman – beaten by husband and families, divorced and lost access to children – application prepared by another person and claims false – new claims of family violence by mother and husband – reasonable explanation and adverse inference not drawn – explicit photos of applicant and another woman staged by husband and imputation as homosexual – divorced and children living with former mother-in-law – likely contact with children and ex-husband – mental health and work opportunities – country information – real chance of harm from mother and ex-husband not for refugee criterion – increasing political and societal conservatism – real chance of harm as imputed homosexual limited to home area – complementary protection – real risk of harm – relocation unreasonable, state protection inadequate and harm not faced by population generally – decision under review set aside and remitted
2416289 (REFUGEE) [2026] ARTA 1732
REFUGEE – protection visa – China – political opinion – participation in anti-government protests – punched by policeman – no additional information provided or evidence of ongoing adverse interest – passport and unhindered departure – consent to decision without hearing – decision under review affirmed
2101394 (REFUGEE) [2026] ARTA 2094
REFUGEE – protection visa – India – religion and political opinion – Muslim and local administrator of Communist Party – threatened and attacked by members of majority party, business ransacked and mother harassed since applicant’s departure – mental health and treatment – application prepared by another person and some information omitted – reasonable explanation for late claims and adverse inference not drawn – no party activities in Australia – inconsistent claims and no documentary evidence – religion, party membership and administrative role accepted – profile, threats and attack not accepted – country information – low to medium risk of official or societal discrimination or violence – support of family and accessibility of mental health services in home city – decision under review affirmed
2009173 (Refugee) [2026] ARTA 2089
REFUGEE – protection visa – Thailand – particular social group – physical assaulted by former boss – economic conditions – employment – education – fear of the Thailand Cambodia war – delay in applying for protection – request to add a newborn child to the visa application – decision under review affirmed
2208607 (Refugee) [2026] ARTA 2086
REFUGEE – protection visa – Fiji – harassment and mistreatment by police and economic conditions – country information – low-level societal discrimination – reasonably effective police force and impartial judicial system – labour shortages and social protection system – family network and farming – decision under review affirmed
2404801 (Refugee) [2026] ARTA 2214
REFUGEE – protection visa – China – family’s persecution by business competitor linked to organised crime syndicate protected by authorities – goods stolen, shop broken into, applicant beaten and family threatened – police inaction – government policies and economic conditions – consent to decision without hearing – responsibility to specify claims and provide sufficient evidence – decision under review affirmed
2415891 (REFUGEE) [2026] ARTA 2198
REFUGEE – protection visa – Thailand – economic conditions and employment opportunities – political opinion – supporter of opposition party – participation in local election and social media post – applied after second student visa applicant refused – application prepared by friend and applicant unaware of contents – truthful but vague and inconsistent claims and evidence – no threats or harm, social media activity limited to reposting other people’s content, low profile and no recent activity – country information – economic conditions apply to population generally – decision under review affirmed
2209935 (Refugee) [2026] ARTA 2043
REFUGEE – protection visa – Taiwan – particular social group – homosexual – employment – economic conditions – fear of detention – Chinese Household Registration revoked – Taiwanese passport expired – decision under review affirmed
1810149 (REFUGEE) [2026] ARTA 2013
REFUGEE – protection visa – Sri Lanka – applicant left Australia – judicial review of Bridging Visa cancellation – awaiting revocation of cancellation – intention to re-enter Australia – decision under review affirmed
2531651 (REFUGEE) [2026] ARTA 1807
REFUGEE – protection visa – India – fear of harm from ex-wife’s family – arranged marriage – arrived as dependant on wife’s student visa, separated and divorce in progress – new claim of in-law’s expectation that applicant would pay wife’s education costs – threats by phone – adverse inference drawn – delay in applying for protection – application made after student and bridging visas ceased – no further information or supporting evidence provided – decision under review affirmed
2218268 (Refugee) [2026] ARTA 1779
REFUGEE – protection visa – Sri Lanka – Muslim religion and fear of harm from former girlfriend’s Sinhala family – threats, assaults and attempts to kill by girlfriend’s brother and associates – followed to another country and girlfriend forced to return – girlfriend’s father’s business, extremist religious/political and criminal connections – found after relocating – applicant’s arranged marriage with Muslim woman, now ceased – supporting evidence, medical certificate and police report – mental health and vulnerability – marriage to Australian citizen – continuing and recent threats – fear of harm not for refugee criterion – complementary protection – country information – historical conflict between groups – police inaction – relocation not reasonable and state protection not available – decision under review set aside and remitted
2545070 (Refugee) [2026] ARTA 2201
REFUGEE – protection visa – India – political opinion – membership of party and farmers’ union – protest and online activities – water rights and acquisition of land – targeted by rival party members and arrested and injured by police – anonymous phone threats – no documentary evidence – application prepared by friend, with substantial errors and exaggerated and additional claims – vague and inconsistent evidence – low-level supporter and protest attender, not member or organiser – limited knowledge of party’s platform – no harm, return after travel to another country, no recent contact and stated willingness to return – country information – low risk of official or societal discrimination, and no culture of political violence in state – decision under review affirmed
2536285 (REFUGEE) [2026] ARTA 2195
REFUGEE – protection visa – India – no Convention nexus – criminal gang – attempted kidnapping – fear of physical – fear of killing – return visit to India – state protection – decision under review affirmed
2321304 (Refugee) [2026] ARTA 2191
REFUGEE – protection visa – Taiwan – no Convention connection – China’s aggression towards Taiwan – single mother of a professional soldier – forcible mass migration – economic disruption – significant harm – decision under review affirmed
2110306 (Refugee) [2026] ARTA 2189
REFUGEE – protection visa – Malaysia – imputed religion – online activist – Rohingya refugees entering Malaysia – physical assault – threats of killing – detention – social media abuse – state protection – decision under review affirmed
2012344 (REFUGEE) [2026] ARTA 2046
REFUGEE – protection visa – India – political opinion – party leader and election worker – attacked by supporters of rival party and police, and subject of false charges – association with gangster brother-in-law and friends in Khalistan movement – brother-in-law killed by police, and nephew recently in police chase – new claims of land dispute with cousins and police report against applicant – return for sister’s illness – allegations of involvement in shooting in home country and forming Khalistan party in Australia – no supporting evidence provided – no harm to family in local area – son’s separate application relying on applicant’s claims – country information – low level of official and societal discrimination and violence – decision under review affirmed
2012349 (REFUGEE) [2026] ARTA 2045
REFUGEE – protection visa – India – imputed political opinion – minor when application made and reliant on father’s claims – joint hearings and separate decisions – father a local party leader and election worker – attacked by supporters of rival party and subject of false charges – accused of forming Khalistan party in Australia – brother-in-law a political activist or gangster – police harassment of applicant’s aunt and death of cousin in accident – land dispute with uncle and cousins – no activity by or harm to applicant – now married to Australian citizen – country information – freedom of expression of political views – Sikhism dominant religion in state – low level of official and societal discrimination and violence – Khalistan issue more active among Indias overseas – decision under review affirmed
2406323 (REFUGEE) [2026] ARTA 1786
REFUGEE – protection visa – China – religion – Christian – Local Church – detention – physical assault – exit procedures – family under surveillance – passport renewal – delay in applying for protection – decision under review affirmed
2114969 (REFUGEE) [2026] ARTA 1734
REFUGEE – protection visa – the Philippines – extortion by unidentified person – threats to family while applicants in Australia – business protection – existence of business accepted despite limited substantiating evidence – inconsistent and implausible claims – no harm to family – application made after extending visitor visas – consent to decision without hearing – decision under review affirmed
2105340 (REFUGEE) [2026] ARTA 2216
REFUGEE – protection visa – Bangladesh – political opinion – party membership and activities – uncle killed and family members harassed by opposing party – false police case against party workers including applicant – multiple international travels for activity – threatened by activity group leaders and time spent in hiding – family’s support for party and applicant’s continuing contact with members accepted – harassment, threats and time spent in hiding not accepted – unhindered travel and no application for protection in other countries – membership and organisational position of party in Australia, and social media activity – support for unsuccessful preselection candidate running as independent and continuing harassment and threats to family – country information – no reference to any adverse action by party against supporters of independent candidate – low incidence of political violence – fear of harm from Islamists – recent election and change of government – decision under review affirmed
2403841 (REFUGEE) [2026] ARTA 2193
REFUGEE – protection visa – Pakistan – religion – Ahmadi Muslim – membership and activities in home country – discrimination, harassment and attack despite low profile – open identification, membership and activities in Australia – detailed and credible evidence, and supporting statements – employment in third country ceased and no right to residence – brother a refugee in fourth country – health and request for expedited hearing – country information – official and unofficial restrictions, societal discrimination and increasing violence – relocation unlikely to be available – decision under review set aside and remitted
2518279 (REFUGEE) [2026] ARTA 2192
REFUGEE – protection visa – Malaysia – Federal Circuit and Family Court remittal – fear of harm from illegal money lenders – borrowed for business, lost contract and unable to repay – attacked, injured and threatened – no recent contact from lenders – wife not declared in application, and wife made separate application on the same day – vague, inconsistent and contradictory claims and no documentary evidence – country information – decision under review affirmed
2210773 (REFUGEE) [2026] ARTA 2168
REFUGEE – protection visa – China – religion – Guanyin Famen – evil cult – freedom of opinion – fear of torture – fear of detention – family disapproval – no public practice – delay in applying for protection – decision under review affirmed
2306774 (REFUGEE) [2026] ARTA 2096
REFUGEE – protection visa – Bangladesh – relationship against objections of families, supporters of different political parties and differences in wealth and social standing – pregnancy, marriage without consent of families, husband’s arrest and detention on false charges, and wife’s forced abortion – threats by wife’s father, and hiring of professional killer, but no harm – found after relocating – supporting evidence and police and medical records – members of family unit children – language and education – country information – prevalence of women’s families filing police cases if disapproving of marriage, and bribery – reproductive coercion by families – abortions not legal but performed as menstrual regulation – hiring of professional killer not accepted and wife’s family’s political connections exaggerated – decision under review set aside and remitted
2205359 (REFUGEE) [2026] ARTA 2085
REFUGEE – protection visa – the Philippines – political opinion – campaign team leader – telephone threats from unknown people – low-level social media activity in Australia – general crime – country information – election violence – crime widespread but decreasing, and faced by population generally – telephone threats accepted – no further threats, low profile and future political involvement not likely – decision under review affirmed
2414367 (Refugee) [2026] ARTA 2095
REFUGEE – protection visa – China – political opinion – social media posts about China and Hong Kong – social media account blocked and notification from government department – passport and unhindered department – undetailed claims – consent to decision without hearing – responsibility to specify claims and provide sufficient evidence – decision under review affirmed
2218758 (REFUGEE) [2026] ARTA 1785
REFUGEE – protection visa – Sri Lanka – political opinion – relative of and office worker for public position holder – public and social media statements against political corruption – threats by unknown persons – new claims of mother-in-law’s property dispute, political motivation by opposing lawyer and judges, threats and property damage – authenticity of police reports – economic conditions – family support and work history – residence in another country not disclosed in application – member of family unit wife – decision under review affirmed
2302702 (REFUGEE) [2026] ARTA 2215
REFUGEE – protection visa – Vietnam – single woman with failed abusive marriage in home country and relationship in Australia – verbal harassment by husband – online relationship and inducement to travel to Australia – claim of human trafficking not accepted – physical and emotional abuse – black market loan to cover migration costs – family threatened – inconsistent claims and evidence – text message and photos from son contrived to support claims – relationships and domestic violence accepted, but not post-divorce threats and violence – passage of time and ex-husband’s remarriage – well-founded fear of persecution not accepted – complementary protection – delay in applying for protection – age, physical and mental health, homelessness and financial insecurity – capacity to subsist – extended return visit – close contact with family living in multi-generational household in city – country information – social security and physical and mental health services – decision under review affirmed
2400295 (Refugee) [2026] ARTA 2199
REFUGEE – protection visa – China – imputed political opinion and fear of harm from police – participated in protest against digging up cemetery for development – detained, interrogated and beaten – unpaid fine – unhindered departure and renewed passport – no activities in Australia – delay in applying for protection – initial consent to decision without hearing – consistent and unexaggerated evidence – country information – moderate risk of official discrimination, surveillance, harassment and detention – corruption and police powers – exit and entry procedures – household registration and internal relocation – decision under review set aside and remitted
2106942 (Refugee) [2026] ARTA 2087
REFUGEE – protection visa – Philippines – no Convention connection – threats from criminal gang – physical assault – fear of killing – credibility issues – decision under review affirmed
Du (Migration) [2026] ARTA 1919
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – not enrolled in full-time registered course – non-compliance of visa conditions – ground for cancellation exists – education provider cancelled course due to low enrolment numbers and organised course transfer – applicant reluctantly agreed to transfer – education provider failed to provide clear communication channels and adequate support systems – attended classes but it wasn’t recorded – realised he was undertaking subjects already completed in previous studies – education provider refused to provide release letter – confirmation of enrolment in new course with different education provider commencing before student visa was cancelled – satisfactory course progress – denied procedural fairness prescribed by national code – notice did not provide any right to dispute or appeal decision – genuine student – decision under review set aside
2526309 (REFUGEE) [2026] ARTA 1733
REFUGEE – protection visa – Malaysia – Federal Circuit and Family Court remittal – political and economic conditions – application completed by work contractor and claims incorrect – adverse inference not drawn – fear of harm from sister’s husband – violence to sister and threats to applicant – sister found after relocating – mental health – marriage and child in Australia – inconsistent evidence – effects of trauma – real chance of harm – relocation – country information – limited mental health services – not intentionally withheld or discriminatory – complementary protection – relocation not reasonable, state protection often inadequate and risk faced by applicant personally – member of family unit child – language, education and acculturation – separate case consolidated with mother’s – citizenship – decision under review set aside and remitted
2403091 (REFUGEE) [2026] ARTA 2200
REFUGEE – protection visa – China – imputed political opinion – anti-Government opinions – impact of the COVID-19 pandemic restrictions – fear of infection – economic conditions – employment – access to health care – decision under review affirmed
2008945 (Refugee) [2026] ARTA 2211
REFUGEE – protection visa – Philippines – particular social group – single women – victim of family violence – gender-based violence – whistle blower – police corruption – physical assault – fear of killing – breach of protection order – internal relocation – state protection – decision under review set aside and remitted
2300674 (REFUGEE) [2026] ARTA 2197
REFUGEE – protection visa – Malaysia – particular social group, ethnicity and religion – homosexual women – first applicant’s ethnicity from another country and Christian – family’s disapproval and threat of forced marriage, and humiliation at school and in community – second applicant a Malay Muslim with masculine presentation – family unaware of sexuality or marriage – serious and enduring relationship and valid marriage in Australia – joint hearing and decision for separate applications – consistent and credible evidence and supporting statements – country information – national law as defined does not apply to women – consistent reports of discrimination and violence – real chance of serious harm extends to all areas, effective protection measures not available and modification of behaviour not required – decision under review set aside and remitted
2423167 (Refugee) [2026] ARTA 2016
REFUGEE – protection visa – China – particular social group – land resumption without compensation – detention – petition to the municipal government – physical assault – exit procedures – delay in applying for protection – decision under review affirmed
2207130 (REFUGEE) [2026] ARTA 1929
REFUGEE – protection visa – Taiwan – liability for father’s gambling debts – mandatory deduction from earnings and capacity to subsist – application made the day before temporary visa expired – inconsistent claims and no corroborative evidence – debts not for gambling but as compensation for accident – translation error – spontaneous and detailed evidence, and benefit of doubt given – country information – inheritance of both assets and debts, which must be waived within 3 months – applicant in Australia during COVID pandemic when father died, and unable to complete legal steps – liability for debts accepted despite information suggesting liability limited to value of estate – general application of law not systemic, discriminatory or harm to required level – decision under review affirmed
2203178 (Refugee) [2026] ARTA 1905
REFUGEE – protection visa – Malaysia – particular social group – homosexual woman – physical and emotional harm from adoptive family, and education, workplace and social harassment and discrimination – abandoned by adoptive father when adoptive mother died – masculine presentation – previous relationship, and long-term, long-distance relationship now ceased – mental health – consistent and credible evidence – country information – national laws and state syariah laws especially for Malay Muslims, political statements and rehabilitation programs – decision under review set aside and remitted
2203766 (REFUGEE) [2026] ARTA 1903
REFUGEE – protection visa – Brazil – dismissal decision – failure to attend Tribunal hearing – application for reinstatement – dismissal confirmed – application dismissed
2206781 (REFUGEE) [2026] ARTA 2144
REFUGEE – protection visa – Malaysia – particular social group – homosexual women – long relationship – families’ non-acceptance, attempts to separate and threats to report to authorities – social and workplace discrimination and denial of medical treatment – community participation in Australia – consistent and compelling evidence and supporting statements – reference to second applicant as transgender man explained as woman with masculine appearance – country information – national criminal law and state syariah laws especially for Malay Muslims – real chance of serious harm – no effective protection measures, chance of harm extends to all areas and modification of behaviour not reasonable – decision under review set aside and remitted
2415604 (Refugee) [2026] ARTA 1967
REFUGEE – protection visa – China – imputed political opinion – online activist – social media account blocked – fear of detention – decision under review affirmed
2102682 (REFUGEE) [2026] ARTA 2202
REFUGEE – protection visa – India – religion – Muslim – transporting beef cattle for slaughter – threats from Hindu extremists – cow vigilante violence – physical assault – fear of killing – fear of sexual assault – state protection – internal relocation – decision under review affirmed
2110919 (REFUGEE) [2026] ARTA 2143
REFUGEE – protection visa – Malaysia – religion – Muslim conversion to Christianity – economic conditions – extortion – family disapproval – legal restrictions – state protection – decision under review set aside and remitted
2104892 (REFUGEE) [2026] ARTA 1727
REFUGEE – protection visa – Malaysia – particular social group – white-collar criminal debtor – convicted and company assets seized after business partners stole money for illegal investment – threatened by gangsters hired by investors and fear of future harm – new claim of family issues and mental health – consent to decision without hearing – responsibility to specify claims and provide evidence – decision under review affirmed
2546085 (Refugee) [2026] ARTA 2147
REFUGEE – protection visa – India – particular social group – divorced woman – fear of harm from former parents-in-law, and generally – husband’s impotence – beaten and threatened and more dowry demanded – parents-in-law’s political connections and police inaction – divorce by agreement – no further contact with former in-laws but continuing threats to family – forthright, consistent and credible evidence – country information – effective protection measure not available, real chance of persecution relates to all areas of country, and modification of behaviour not reasonable – treaty right to enter and reside in Nepal – prevalence of gender-based discrimination and violence – no family support or connections – decision under review set aside and remitted
2114668 (REFUGEE) [2026] ARTA 2097
REFUGEE – protection visa – Vietnam – particular social group – victim of loan shark – bribe for employment – physical assault – fear of killing – threats to family – criminal gang – state protection – decision under review affirmed
2201215 (Refugee) [2026] ARTA 2166
REFUGEE – protection visa – Cambodia – particular social group – HIV-positive – diagnosed after deaths of husband and child – availability and side-effects of medications, and costs of blood tests and consultations – sexual assault by brother-in-law – treatment, improved health, work, relationship and community ties in Australia – medical reports and legal submissions – difficulty finding employment, availability, quality and expense of treatment, and social stigma and discrimination – elderly parents in remote area and siblings in city – country information – level of harm not to required levels – decision under review affirmed
2119165 (Refugee) [2026] ARTA 2099
REFUGEE – protection visa – Papua New Guinea – original application made with partner, then child added – temporary breakdown of relationship, separation of applications and separate decisions – tribal conflict – step-brother killed man from other tribe – fear of harm from partner’s former husband – delay in applying for protection – vague and inconsistent claims and evidence about tribal conflict – refugee and complementary claims not accepted – partner and child’s application previously remitted – member of family unit of child – decision under review set aside and remitted
2310504 (REFUGEE) [2026] ARTA 2217
REFUGEE – protection visa – Bangladesh – religion – Buddhist – fear of harm from Muslim individuals and groups – arrested, charged, detained and bailed – non-appearance, cancellation of bail and issue of arrest warrant – difficulty in obtaining documents and court corruption – mental health – past and ongoing activities accepted – claim that charge fabricated not accepted – country information – growing Islamic extremism – harassment and violence against religious and ethnic minorities – spike in attacks during interim government – variable police response and political and bureaucratic interference – decision under review set aside and remitted
2528383 (Refugee) [2026] ARTA 2194
REFUGEE – protection visa – India – particular social group – woman – political opinion – women’s equality and autonomy – fear of harm from politically influential family, including uncle with murder conviction – control and arranged/forced marriage – interfaith and inter-caste relationship – return as single woman – delay in applying for protection – applied after student visa cancelled – late claim of physical violence by family – no legal advice when application made – adverse inference not drawn – spontaneous and detailed evidence and supporting documentation – country information – conservative patriarchal society – secular marriage law enables marriage without reference to faith – under-reported prevalence of family violence and police inaction – state protection often inadequate, real chance of persecution relates to all areas and modification of behaviour not required – treaty right to enter and reside in Nepal – anti-discrimination rights limited in practice and gender-based violence a significant problem – decision under review set aside
2407296 (REFUGEE) [2026] ARTA 2092
REFUGEE – protection visa – Thailand – particular social group – victim of loan shark – employment – impact of the COVID19 pandemic – threats from money lenders – fear of physical assault – internal relocation – state protection – decision under review affirmed
2215520 (REFUGEE) [2026] ARTA 1992
REFUGEE – protection visa – China – ill-health due to workplace conditions – request to improve conditions ignored – extra work, lower pay and threats by manager and gangsters –application prepared by agent without applicant’s knowledge of contents – new claims – hearing impairment – difficulty finding work – no plan for surgical treatment – work history – claim of no contact with family and fear of harm if contact re-established contradicted by oral evidence – decision under review affirmed
2540157 (MIGRATION) [2026] ARTA 1994
REFUGEE – protection visa – Vietnam – political opinion – human rights and political freedoms – family forced to sell house and land for development at unfair price – financial hardship – application completed by agent without knowledge of contents by applicant – new claim of religion – Roman Catholic – church, community and social justice activities and environmental protests – monitored, harassed, threatened and attacked, and workplace vandalised and destroyed – continuing persecution of wife – supporting statements and police summons accepted as genuine – country information – broad and vague laws relating to national security – state protection not available, real chance of harm relates to all areas and modification of behaviour not reasonable – decision under review set aside and remitted
2211736 (Refugee) [2026] ARTA 1970
REFUGEE – protection visa – Uganda – political opinion – opposition to the National Resistance Movement government – community liaison officer – Democratic Party member – detention – physical assault – threats of killing – corruption – treason charges – decision under review affirmed
2203860 (REFUGEE) [2026] ARTA 2145
REFUGEE – protection visa – Bangladesh – political opinion – Bangladesh National Party (BNP) activist – BNP factional fighting – extortion – detention – torture – political activities in Australia – mental health issues – credibility issues – decision under review affirmed
2103055 (REFUGEE) [2026] ARTA 1968
REFUGEE – protection visa – India – political opinion – member of party – campaign manager for cousin’s wife – harassed and assaulted by members of another party – delay in applying for protection – applied after extending visitor visas with declarations of temporary stay, and second applicant’s return visit – limited supporting evidence – no harm to cousin or his wife – not member but supporter – low-level local canvassing for party and confrontations with supporters of other party accepted – country information – applicant’s party a major party and currently governing in state – effective police and functioning judiciary – unlikely risk of persecution or serious harm – decision under review affirmed
2320661 (Refugee) [2026] ARTA 1811
REFUGE – protection visa – Taiwan – no appearance at hearing – application for review dismissed – application for reinstatement – broken leg and medical treatment – no communication with tribunal before application for reinstatement – no medical evidence – no previous steps to progress application – merits of refugee claims – dismissal confirmed – application under review affirmed
2110710 (REFUGEE) [2026] ARTA 2100
REFUGEE – protection visa – Bangladesh – conviction and death sentence for murder – supporter of opposition political party – threatened and attacked by supporters or suspected supporters of government party – altercation outside father’s shop while applicant away doing a work task, leading to one death – unhindered departure to another country with group of workers before travelling to Australia by boat – no process to verify court documents, and accepted as legitimate – country information – recent change of government – processes for reviewing convictions – applicant unlikely to have been framed for crime – laws of general application not discriminatory – complementary protection – real risk of significant harm – no jurisdiction to consider exclusion for serious non-political crime – decision under review set aside and remitted
2218229 (REFUGEE) [2026] ARTA 2088
REFUGEE – protection visa – Sri Lanka – race – religion – Muslim – imputed political opinion – transporting Liberation Tigers of Tamil Eelam members – witnessing human trafficking – detention – physical assault – criminal charges – state protection – decision under review set aside and remitted
2205793 (Refugee) [2026] ARTA 2019
REFUGEE – protection visa – Kenya – ethnicity – minority Kisii tribe – under attack from majority tribes/communities – returned to Kenya for mother’s funeral – threatened not to bury mother at family land due to forcibly being evicted from land – detained, beaten and threatened by authorities – delay in departing Kenya – acquired new passport – separated from wife – mental health issues – delay in applying for protection – workplace injury – inconsistent and vague details – inter-ethnic and inter-tribal conflict confirmed by country information – history of land ownership disputes and ethnic polarisation – lack of evidence – no political profile – medical treatment and support services available in Kenya – daughter and siblings in Australia – referral for Ministerial intervention – decision under review affirmed
2308229 (Refugee) [2026] ARTA 1972
REFUGEE – protection visa – China – particular social group – homosexual – religion – Christian – employment – no family support – decision under review affirmed
2317296 (REFUGEE) [2026] ARTA 1931
REFUGEE – protection visa – Thailand – particular social group – transgender woman – LGBTQIA+ person – religion – Muslim conversion to Christianity – rejection by family – employment – physical assault – state protection – decision under review affirmed
2602055 (REFUGEE) [2026] ARTA 1991
REFUGEE – protection visa – Sri Lanka – race – Tamil – imputed political opinion – terrorism charges – drug-related activities – detention – torture – mental health issues – exit procedures – bribery – decision under review remitted
2300279 (Refugee) [2026] ARTA 1975
REFUGEE – protection visa – Malaysia – supporter of homosexuals and opponent of forced labour – social media comments – delay in applying for protection, period as unlawful non-citizen and no additional information provided – new claim as homosexual woman – unaware of requirements of application, and adverse inference not drawn – previous relationship with woman accepted – no further identification, activities or relationships – recent marriage to man and birth of child – ethnicity and religion – Chinese Malaysian and Taoist or Buddhist – procedural fairness – country information – inconsistent claims, unresponsive answers and no supporting evidence – decision under review affirmed
2310985 (Refugee) [2026] ARTA 1969
REFUGEE – protection visa – Malaysia – particular social group – young children of unmarried parents, with father from another country and births unregistered in mother’s country – parents now separated with no contact, and mother in registered partnership with Australian citizen – mother’s previous unsuccessful protection application and bar from re-applying – language, culture, education and healthcare – fear of bullying, official and social discrimination and effect on mental health – mother previously lived in another country, with little contact with her family – economic hardship – religion – mother a non-practicing Muslim and step-father of Christian background – country information – state syariah laws and increasing political and social conservatism – registration procedure, with requirement to be Muslim, long delays and high risk of refusal and statelessness – recent changes in citizenship law not retroactive – no effective protection mechanisms, harm relates to all areas and no steps can be taken to modify behaviour – decision under review set aside and remitted
2201668 (Refugee) [2026] ARTA 1910
REFUGEE – protection visa – India – imputed political opinion and religion – supporter of unsuccessful pre-selection candidate – attacked and injured – recent threats to father and inquiries about applicant’s whereabouts – documentation and supporting statements – low-level activity and first attack accepted – no information about perpetrators – passage of time and benefit of doubt – second attack not accepted – forward-looking test – no evidence of risk of harm as Hindu provided – member of family unit wife – country information – diverse political opinions and low risk of official discrimination or violence – decision under review affirmed
2208482 (Refugee) [2026] ARTA 1810
REFUGEE – protection visa – Philippines – witnessed robbery at workplace – assaulted and threatened to stay silent – relocated within the Philippines without further harm – unlawful in Australia for several years – delay in applying for protection – inconsistent and vague claims – no supporting evidence – long passage of time since incident – decision under review affirmed
2109242 (Refugee) [2026] ARTA 1793
REFUGEE – protection visa – Bangladesh – political opinion – member and activist for opposition party – harassed, threatened, attacked and extorted by supporters of governing party – physical and mental health – members of family unit husband and son – young adult son’s settled life, education and sport – country information – recent change of government and other party banned – dialect differences and translation – inconsistent claims and unverified supporting documents – delay in departing, and younger child living with applicant’s sister – decision under review affirmed
2207636 (Refugee) [2026] ARTA 1767
REFUGEE – protection visa – Laos – fear of harm from criminal gangs – extorted and attacked – inaction by authorities – application prepared by unregistered person claiming to be an agent, claims not true and identical to another application – economic conditions – not to level of harm, and no entity causing harm – decision under review affirmed
2308793 (Refugee) [2026] ARTA 1791
REFUGEE – protection visa – China – Falun Gong practitioner – misrepresented by former agent – withdrew claims – new claims of being a Christian – connected to Christianity since childhood – participated in grandparents’ private religious activities – multiple returns to China – took 16 years to start attending a church in Australia – knowledge of Christianity is limited – delay in applying for protection – applied for a protection visa immediately after student visa was cancelled – decision under review affirmed
2217616 (Refugee) [2026] ARTA 1782
REFUGEE – protection visa – Indonesia – particular social group – victim of family violence – divorced women – race – ethnic Chinese – physical violence – threats of killing – May 1998 anti-Chinese riots – extortion – internal relocation – state protection – decision under review affirmed
2013958 (REFUGEE) [2026] ARTA 2098
REFUGEE – protection visa – Malaysia – particular social group – women – victim of family violence – gender-based violence – previous sex work – return visit to Malaysia – applicant ostracised by her family – state protection – decision under review set aside and remitted
2525626 (REFUGEE) [2026] ARTA 1792
REFUGEE – protection visa – Nepal – Federal Circuit and Family Court remittal – political opinion – supporter of Hindu monarchist party and member of organisation – participation in protests – fear of harm from Maoists – extorted, abducted and threatened – interrogated by security forces – no physical harm – procedural history – no updated information provided – country information – claims accepted in part – other inconsistent or embellished claims, passage of time and no recent political activity, profile or contact – Maoists now part of political mainstream – decision under review affirmed
2219188 (Refugee) [2026] ARTA 1930
REFUGEE – protection visa – Sri Lanka – political opinion – supporter of Tamil National Alliance – advocate for Tamil land rights and Hindu religious rights – arrested, detained and interrogated by authorites – assaulted by Aava Gang – fears further arrest, detention, assault and threats to his life by Sri Lankan authorities, Aava Gang and LTTE – evidence of detention – confirmed by Country Information – communication challenges – decision under review remitted
2202390 (Refugee) [2026] ARTA 1832
REFUGEE – protection visa – Malaysia – particular social group – single mother – divorced women – female genital mutilation – interfaith marriage – physical assault – invalid marriage – illegitimate child – mental health issues – state protection – decision under review set aside and remitted
2202533 (REFUGEE) [2026] ARTA 1808
REFUGEE – protection visa – Bangladesh – political opinion – member of opposition party – persecuted, subject of false charges, extorted and attacked by members of ruling party, and business damaged – inaction by police – continuing extortion of son, now running business, house burnt down, and son seeking asylum in another country – country information – change of government and other party banned – claim that grassroots members still active –factional in-fighting in applicant’s party – claim of reinstatement of false charges – health care faced by population generally – decision under review affirmed
2217571 (Refugee) [2026] ARTA 1806
REFUGEE – protection visa – Sri Lanka – particular social group – inter-caste relationship – physical assault – fear of killing – honour crimes – money transfers to family – delay in applying for protection – access to mental health services – decision under review affirmed
2448404 (Refugee) [2026] ARTA 1769
REFUGEE – protection visa – Indonesia – brothers with identical claims – father’s loans from banks for business, living expenses and medical treatment – threatened by debt collectors but no harm – threats to parents continuing – no approach to police – country information – threats by debt collectors common but violence unlikely – reasonably effective police and judiciary – decision under review affirmed
2301466 (REFUGEE) [2026] ARTA 1831
REFUGEE – protection visa – imputed political opinion – imputed as supporter of LTTE and fear of persecution by authorities – family members attacked, injured or killed and others refugees in different countries – domestic violence by former LTTE member ex-husband – reported applicant to authorities as LTTE member after applicant refused to help financially – arrested, assaulted and released after paying bribe – applicant’s and son’s return travel – mental health – returned failed asylum seeker – application prepared by another person and some claims exaggerated – otherwise detailed and broadly consistent claims and supporting evidence – country information – risk of monitoring, harassment, arrest, interrogation and bribery – challenges reintegrating as older woman with no male support – member of family unit mother – long-term physical health and palliative care – decision under review set aside and remitted
2535501 (REFUGEE) [2026] ARTA 1771
REFUGEE – protection visa – India – religion and political opinion – member of Islamic organisation – threatened by members of Hindu party – social worker and election volunteer – attacked and threatened – police inaction – mental health and treatment – vague and inconsistent claims, no supporting evidence and different explanations – return travel for wife’s medical treatment and surgery – no threats or harm since departing, or to family – decision under review affirmed
2308933 (Refugee) [2026] ARTA 1790
REFUGEE – protection visa – Thailand – grandmother borrowed money from informal creditors to gamble – claims being kidnapped, threatened with death and subjected to severe intimidation by moneylenders – country information confirms illegal moneylending and associated violence is widespread in Thailand – government declared crackdown with loan sharks regularly arrested and imprisoned – lack of detail and no evidence – responses indicate prepared to give incorrect information – decision under review affirmed
2544499 (REFUGEE) [2026] ARTA 1760
REFUGEE – protection visa – Vietnam – particular social group – teacher – imputed political opinion – views opposed to the government – promoting education reform – dismissal – threats of detention – monitoring by police – police summons – state protection – decision under review set aside and remitted
2201969 (Refugee) [2026] ARTA 1788
REFUGEE – protection visa – Bangladesh – political opinion – member of Bangladesh Nationalist Party – threatened by opposing party and its activists – assaulted in baton charge – relocated to another country to secure safety before coming to Australia – fears further threats to his life – mental health issues – continuing politically-motivated violence confirmed by country information – identifiable as supporter of unsuccessful candidate in hometown – sufficiently well-known political profile – decision under review remitted
2212879 (Refugee) [2026] ARTA 1761
REFUGEE – protection visa – Philippines – domestic violence from ex-boyfriend – controlling behaviour, threats and physical harm – claims unsupported under oath at hearing – no evidence and no contact since being in Australia – new relationship in Australia – delay in applying for protection – period of no legal visa status – referral for Ministerial intervention – strong compassionate circumstances that if not recognised would result in serious, ongoing, and irreversible harm and continuing hardship – child has mental health issues after experiencing family violence and separation from father while living in crisis accommodation – best interests of the children – decision under review affirmed
2401588 (REFUGEE) [2026] ARTA 1730
REFUGEE – protection visa – Indonesia – particular social group – homosexual woman – secret, long-term relationship – attacked by extremist group – trauma – no activities or relationships in Australia – country information – discriminatory laws – rise in political and social conservatism, statements and conduct – real chance of discrimination and violence – decision under review set aside and remitted
2554634 (REFUGEE) [2026] ARTA 1783
REFUGEE – protection visa – Colombia – civilian employee of army – fear of harm from militia group – detained and threatened and mother attacked after applicant’s departure – fear of harm from former partner with army and police links and specialised skills – escalating abuse, assault, breach of AVO, detention, removal and continuing threats – mental health – application prepared by fraudulent agent – statutory declaration, extensive additional oral and documentary evidence, and submissions – fear of harm from militia group not accepted – country information – limited and unreliable state protection despite laws – real chance of harm accepted, but not for refugee criterion – complementary protection – real risk of harm extends to all areas of country – decision under review set aside and remitted
2218404 (REFUGEE) [2026] ARTA 1780
REFUGEE – protection visa – Vietnam – political opinion and religion – written claims of parents’ opposition to government confirmed as false – new claims of activities in Australia post-dating department’s decision – no utility in drawing adverse inference – Viet Tan and Roman Catholic – delay in applying for protection – applied after cancellation of student visa, period as unlawful non-citizen, marriage and birth of child – husband’s previous unsuccessful protection application – supporter then member of Viet Tan later than originally claimed – organisational, protest and social media activities – exaggerated and inconsistent evidence – activities solely to strengthen claims – membership of registered church and activities from young age, with no harm – activities in Australia not solely to strengthen claims – country information – no real chance of serious harm – complementary protection – political activities not disregarded for this assessment – Viet Tan proscribed as terrorist organisation – monitoring and targeting of members in other countries – high risk of harassment and discrimination for established, high-profile members – applicant’s profile recent and not high – church membership and husband’s party membership additional risk factors – real risk of significant harm – decision under review set aside and remitted
2541655 (Refugee) [2026] ARTA 1759
REFUGEE – protection visa – China – posted comments about political issues in China – social media account blocked – violated national rules – suffered serious physical and psychological harm from Chinese government – fears being forced to attend government department for interview – original claims abandoned – unaware representative had used those claims – new claims of being at risk from moneylenders due to father’s debt – father disappeared – sends mother money to pay off debt – long delay in applying for protection – no legal visa status in Australia for seven and a half years – no evidence provided – decision under review affirmed
2403305 (REFUGEE) [2026] ARTA 1731
REFUGEE – protection visa – Vietnam – political opinion, debts and mental health – new claim of fear of harm from brother – not aware of protection criteria and not invited to provide further information to department – adverse inference not drawn – harassment, threats, damage to house and pressure to sell – no harm or seeking after relocating – fear of harm not for refugee criteria reason – complementary protection – brother’s behaviour does not reach complementary level – decision under review affirmed
2118340 (Refugee) [2026] ARTA 1708
REFUGEE – protection visa – Vietnam – anti-government activities – new claims raised at hearing – owes money to loan sharks – beaten and hospitalised by loan sharks – inconsistent details – post-hearing claim of practicing unregistered religious activities – delay in applying for protection – decision under review affirmed
2303550 (Refugee) [2026] ARTA 1705
REFUGEE – protection visa – Malaysia – condemned and criticised about being LGBT – Malaysia is an Islamic country, with LGBT being illegal – fears judgment about his sexuality and mental health being harmed – decision on the papers – can be adequately determined – lack of details and supporting evidence – delay in applying for protection – decision under review affirmed
2306379 (Refugee) [2026] ARTA 1729
REFUGEE – protection visa – Pakistan – fear of harm from militants and army – member of locally prominent family and village defence committee – grandfather killed and applicant detained, tortured and warned – relocations and phone threats – no recent contact with militants, but continuing messages to father – reasonable explanation for bogus passport – ethnicity and political opinion – member of Pashtun organisation – mental health and treatment – largely consistent and credible evidence, and supporting statements – country information – highly fluid security situation – discrimination, disappearances and extra-judicial killings despite constitutional protection – militant attacks and security operations in local area – powerful and capable military – real chance of serious harm in local area accepted – chance does not extend to all areas – complementary protection – relocation – ethnic discrimination and targeting of former VDC members – unlikely to find employment and inadequate mental health services – no support network – real risk of significant harm not faced by population generally – decision under review set aside and remitted
2315738 (REFUGEE) [2026] ARTA 1707
REFUGEE – protection visa – Indonesia – particular social group – fear of loan sharks – kidnapping – fear of killing – physical violence – police collusion with money lenders – state protection – approach to the applicant’s family – reasonableness of relocation – decision under review set aside and remitted
2204227 (REFUGEE) [2026] ARTA 1706
REFUGEE – protection visa – the Philippines – fear of harm from drug dealer after ex-husband informed on him to police – threatened and beaten – new claim related to failure of business as real estate broker – rented apartments for workers from third country – rent not paid, apartments damaged and vacated – sued by owners and required to pay outstanding amounts – harassment by owners and ex-husband – threats but no harm to children – no supporting evidence provided – no security or insurance on rental transactions – authenticity of real estate, financial and legal documents – no further correspondence or legal action by owners – country information – economic conditions faced by population generally – decision under review affirmed
2530999 (REFUGEE) [2026] ARTA 1784
REFUGEE – protection visa – India – particular social group – inter-caste relationship – threats and assault by girlfriend’s family and order of traditional unofficial court – multiple relocations before departing – applied after working visa cancelled – no evidence of ongoing threats – country information – violence against lower/scheduled-caste people – relationship, assault and real chance of harm in home area accepted – relocation reasonable – decision under review affirmed
2103726 (Refugee) [2026] ARTA 1737
REFUGEE – protection visa – India – interfaith marriage – Sikh and Hindu – country information states marriage outside religion or caste may result in shunning or violence from family – applied to court for protection against family – court documents are strong evidence that State protection is available – has not been harmed, harassed or threatened by wife’s family – after they wed and hid, his wife was found by her family and taken back home – safe return visits – delay in applying for protection – applied for protection after fourth student visa application was refused – no evidence of still being in relationship with wife – spouse not identified in passport issued – decision under review affirmed
2448272 (REFUGEE) [2026] ARTA 1781
REFUGEE – protection visa – China – religion – Church of Almighty God – first applicant a member in China and both in Australia – first applicant’s mother prosecuted, given suspended sentence and monitored, and co-members ill-treated and imprisoned – first applicant’s home searched, and on warrant list – passport and unhindered departure – delay in applying for protection – applied after permanent visa refused – consistent and appropriate level of knowledge and supporting evidence – activities in Australia not to strengthen claims – court documents accepted as genuine – country information – government actions against evil cults – possibility that authorities aware of applicants’ membership – high risk of official discrimination – real chance of persecution applies to all areas and modification of behaviour not permissible – decision under review remitted
2307173 (Refugee) [2026] ARTA 1735
REFUGEE – protection visa – Sri Lanka – caste and religion – mother-in-law assaulted by neighbour and brother-in-law and applicant threatened and attacked by members of another caste – fear of harm from one criminal member of other caste – brother-in-law later died of unknown cause, claimed to be murder – inconsistent claims and evidence – police and medical reports – prevalence of document fraud – claims on refugee criteria generally abandoned but considered for completeness – delay in departing – no harm to family living in local area – members of family unit wife and children – decision under review affirmed
2532502 (REFUGEE) [2026] ARTA 1776
REFUGEE – protection visa – India – religion – ex-Muslim atheists – rationalists – speaking against Islam – physical assault – death threats – excommunication from mosques – state protection – third country protection in Nepal – decision under review set aside and remitted
2216466 (Refugee) [2026] ARTA 1895
REFUGEE – protection visa – Philippines – fears harm due to sexual orientation, war on drugs and pollution – new claims – fears terrorist attacks, frequent extreme weather and natural disasters, low economic stability, and higher crime rates – mental health issues – no documentary evidence provided – non-compliance of Tribunal directions – no explanation for non-compliance – risks faced by general population of Philippines – application dismissed – decision under review affirmed
2202091 (Refugee) [2025] ARTA 3438
REFUGEE – protection visa – China – house requisitioned for commercial construction with little compensation – beaten by demolition team – organised residents’ protests and petitions – detained, beaten, fined and monitored – passport and unhindered departure – Falun Gong activities in Australia – warnings and threats to son in home country – application prepared by agent with no knowledge of claims by applicant – late provision of additional material – adverse inference not drawn – inconsistent claims and evidence – full compensation and smaller house in suburbs provided – passage of time and no recent activities or contact – Falun Gong activities limited to handing out leaflets – supporting statements not first-hand and given minimal weight – decision under review affirmed
Federal Circuit and Family Court (Division 2) 287
OMU25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1896
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – failure to consider evidence – whether Tribunal misconstrued claim – where Tribunal decision contains numerous typographical and proofing errors – no jurisdictional error established – application dismissed.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1895
MIGRATION – Student visa – decision of the Administrative Review Tribunal – whether the Tribunal was correct to assign weight to applicant’s non-compliance with a condition which was not attached to the visa he held – relevance of condition 8202 to bridging visa – irrationality – jurisdictional error established – writs issued.
Rizvi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1856
MIGRATION – Student (Temporary) (Class TU) (Subclass 500) visa – Refusal to grant visa application –Genuine access to funds criterion under cl 500.214 of Sch 2 to the Migration Regulations 1994 (Cth) – Failure to provide evidence of financial capacity – Failure to attend Tribunal hearing – Tribunal decision under former s 362B(1A)(a) of the Migration Act 1958 (Cth) – Application for judicial review – Procedural fairness – Allegation of erroneous findings and mistaken presumptions – Legal unreasonableness – No jurisdictional error established – Application dismissed with costs.
DIM19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1514
MIGRATION – protection visa – application for review of decision of the then Administrative Appeals Tribunal – where applicant contended an unparticularised denial of fairness and otherwise invited the Court to engage in impermissible merits review – no jurisdictional error established – application dismissed with costs.
Jacobsen v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1899
MIGRATION – application for an urgent interlocutory injunction to restrain the Minister from removing the applicant from Australia pending the outcome of his judicial review application – whether there is a serious question to be tried – whether the balance of convenience favours granting the injunction – injunction granted.
DXA26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1891
MIGRATION – application for review of a Registrar’s decision – where Registrar entered summary judgment against applicant – whether the Tribunal failed to give proper consideration to a medical certificate which was provided in support of the applicant’s application for reinstatement – whether the Tribunal adopted an unduly strict approach by requiring detailed evidence demonstrating his incapacity to participate in the hearing for its entire duration – where the applicant’s application for judicial review has no reasonable prospect of success - no jurisdictional error established – application dismissed.
ADS20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1886
MIGRATION – 94-day extension of time needed under s 477 of Migration Act – explanation for delay inadequate – each ground in application for review would fail – extension of time refused.
Delgado v Minister for Immigration and Citizenship [2026] FedCFamC2G 1883
MIGRATION – judicial review application – decision of Administrative Review Tribunal refusing to grant a Temporary Skills Shortage (Class GK) (Subclass 482) visa – whether Tribunal failed to take into account evidence – whether Tribunal failed to give these considerations appropriate credibility – futility - no jurisdictional error established – application dismissed.
EGQ21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1882
MIGRATION – judicial review – protection visa – Tribunal determined review in applicant’s absence – whether Tribunal failed to consider complementary protection criterion or relevant material – whether applicant denied procedural fairness – whether Tribunal complied with ss 425, 425A and 426A of the Migration Act 1958 (Cth) – no jurisdictional error established – application dismissed.
Katyal v Minister for Immigration and Citizenship [2026] FedCFamC2G 1880
MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal misapplied cl 500.212 – whether Tribunal failed to correctly consider information and documents – where applicant alleges the Tribunal failed properly to interpret the facts and documents – whether Tribunal failed to provide proper, intelligible and adequate reasons – whether Tribunal failed to consider relevant matters - no jurisdictional error established – application dismissed.
Raza v Minister for Immigration and Citizenship [2026] FedCFamC2G 1878
MIGRATION – judicial review application – decision of Administrative Review Tribunal refusing to grant Student visa – where applicant claims Tribunal did not adjourn hearing – where applicant claims the Tribunal decision was unfair - whether Tribunal failed to inquire into matters beyond the questions it pursued with the applicant at the Tribunal hearing - no jurisdictional error established – application dismissed.
Tan v Minister for Immigration and Citizenship [2026] FedCFamC2G 1876
MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant student visa – whether Tribunal failed to have regard to all relevant circumstances, including matters identified in departmental policy guidelines, and thereby denied the applicant procedural fairness – whether Tribunal ignored materials - no jurisdictional error established – application dismissed.
Le v Minister for Immigration and Citizenship [2026] FedCFamC2G 1875
MIGRATION – judicial review application – decision of Administrative Review Tribunal refusing to grant Student visa – whether Tribunal erred by failing to give sufficient weight to the applicant’s explanation for why her enrolment had been cancelled - whether Tribunal failed to disclose the adverse information - no jurisdictional error established – application dismissed.
Le v Minister for Immigration and Citizenship [2026] FedCFamC2G 1864
MIGRATION – Delegate and Tribunal found that applicant was not the spouse of the sponsor for the purposes of s 5F of the Migration Act – the Tribunal, having raised such matters under s 359A of the Act, found both sponsor’s and applicant’s oral evidence to be unreliable unless otherwise corroborated and then considered other aspects of the relationship – applicant contended adverse findings were irrational, made without evidence and that the Tribunal failed to consider evidence by way of an active intellectual process – grounds rejected and application dismissed with costs
EDP25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1863
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – whether the Tribunal misconstrued risk of harm – reasonable satisfaction – whether the Tribunal failed to investigate a claim – whether the Tribunal failed to comply with s 424A – no jurisdictional error established – application dismissed.
Shoeb v Minister for Immigration and Citizenship [2026] FedCFamC2G 1839
MIGRATION – judicial review – decision of delegate refusing to grant student visa – whether delegate erred in applying Direction 106 – whether delegate overlooked or failed to consider evidence or material – whether delegate applied wrong standard of satisfaction – application dismissed. PRACTICE AND PROCEDURE – costs – successful party not entitled to recover more than costs fairly and reasonably incurred in conduct of litigation.
CVB21 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1879
MIGRATION – application for judicial review of a decision of Administrative Appeals Tribunal – where the applicant did not appear at the hearing before the Tribunal and reinstatement was not sought following dismissal decision – where the applicant alleges fraud in visa application and Tribunal process – fraud allegations do not establish jurisdictional error – application dismissed.
Fatima v Minister for Immigration and Citizenship [2026] FedCFamC2G 1874
MIGRATION – Student visa – genuine student criterion – whether Delegate failed genuinely to consider relevant material – Applicant’s financial circumstances – immigration history – research into and value of proposed course – reasons read fairly and as a whole – evaluative findings open to Delegate – no jurisdictional error – application dismissed.
FAO20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1873
MIGRATION – judicial review – protection visa – challenge to Tribunal findings concerning claimed conversion to Christianity, marriage and divorce, and risk of harm on return to India – complaints amounting to disagreement with factual findings – impermissible merits review – no jurisdictional error – application dismissed.
Rashedi v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1869
MIGRATION – Application for a Student (Temporary) (Class TU) visa - Where the applicant failed to provide evidence of English language proficiency as required by cl.500.213(1) of Schedule 2 to the Migration Regulations 1994 (Cth) – Application dismissed.
CNN20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1728
MIGRATION – Judicial Review – Partner (Residence) (Subclass 801) visa – cancellation of partner visa for non-compliance pursuant to s 109 of the Migration Act 1958 (Cth) – whether the Administrative Appeals Tribunal failed to consider submissions and relevant evidence – whether the Tribunal’s decision was affected by legal unreasonableness in that it made findings without a probative basis – no jurisdictional error disclosed – application dismissed.
Shahzaib v Minister for Immigration and Citizenship [2026] FedCFamC2G 1861
MIGRATION – judicial review – refusal of Student (Subclass 500) visa – genuine applicant for entry and stay as a student – whether Tribunal failed to engage with favourable findings – whether findings were irrelevant, illogical or irrational – meaning of ‘temporarily’ in cl 500.212(a) – Tribunal not required to consider cl 500.212(b) and (c) where cl 500.212(a) not satisfied – no jurisdictional error – application dismissed.
Huynh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1860
MIGRATION – Judicial review – cancellation of Partner (Residence) (subclass 801) visa under s 109 of the Migration Act 1958 (Cth) – non-compliance with s 101 – incorrect answers – omission of occupants from answer concerning residential arrangements – whether answer incomplete or incorrect – sufficiency of particulars in notice under s 107(1)(a) – adverse credibility findings – legal unreasonableness – procedural fairness – s 359A – mutual commitment to a shared life to the exclusion of all others – whether s 5F and reg 1.15A applied in cancellation review – no jurisdictional error – application dismissed.
JVD25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1857
MIGRATION – Extension of time within which to bring a challenge to the Registrar’s decision to summarily dismiss a judicial review application to this Court – no jurisdictional error established – case turns on its own facts – Registrar’s decision affirmed – extension of time refused
Farizal v Minister for Immigration and Citizenship [2026] FedCFamC2G 1824
MIGRATION – Student (Temporary) (Class TU) (Subclass 500) visa – Refusal of visa application – Genuine applicant for entry and stay as a student under cl 500.212(a) of Sch 2 of the Migration Regulations 1994 (Cth) – Application for judicial review – Tribunal rejection of evidence that applicant intended to return to Malaysia on completion of studies – Tribunal inference that married couples would not live apart permanently – Whether Tribunal substituted assumption or value judgment for evidence – Whether Tribunal’s findings lacked logical or rational foundation – Legal unreasonableness – Material jurisdictional error established – Writ of certiorari and mandamus issue – Costs ordered.
Harpreet v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1848
MIGRATION – student visa – judicial review of decision of Administrative Review Tribunal – confirmation of enrolment requirement – applicant asserted continued enrolment notwithstanding PRISMS records – whether applicant denied procedural fairness – whether Tribunal's representations created reasonable expectation of further opportunity to respond – relevance of self-represented status – whether Tribunal failed to consider relevant material – legal unreasonableness – jurisdictional error established
Jallapally v Minister for Immigration and Citizenship [2026] FedCFamC2G 1850
MIGRATION - application for judicial review of decision of Administrative Review Tribunal – affirmation of Delegate’s refusal of Student (subclass 500) visa – no jurisdictional error established – application dismissed
Tamang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1845
MIGRATION – Applicant was refused a student visa as the Tribunal was not satisfied he intended genuinely to stay temporarily in Australia – asserted jurisdictional error due to alleged illogical reasoning and unwarranted assumptions, misapplication of Ministerial Direction 108 and misconstruction of word ‘temporarily’ in the Regulations – grounds not made out – application dismissed
BNK26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1843
MIGRATION LAW – whether the Tribunal had unreasonably failed to grant an adjournment of a Tribunal hearing – whether the Tribunal had failed to consider and address an issue which arose clearly and squarely from the evidence before the Tribunal – where the Tribunal ought to have addressed issues relevant to the question as to whether the applicant was a member of a particular social group – jurisdictional error established – application granted.
Ali v Minister for Immigration and Citizenship [2026] FedCFamC2G 1838
MIGRATION – judicial review – decision of delegate refusing to grant student visa – whether delegate failed to consider or engage with evidence and information in student visa application – application dismissed
IPC24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1837
MIGRATION — Extension of time — application lodged approximately four years and five months out of time – whether necessary in the interests of the administration of justice to extend time – no satisfactory explanation for delay – no arguable jurisdictional error identified – application dismissed.
GNS24 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1830
MIGRATION – application for review of Registrar decision – where applicant failed to appear at first Court hearing – where Registrar dismissed application for reinstatement – de novo review of Registrar decision – unsatisfactory reasons for non-appearance – judicial review application lacking merit – review application dismissed with costs
Xu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1826
MIGRATION – Partner visa application not successful – Tribunal said to have improperly applied legal provisions of Migration Act and Regulations in finding that applicant was not a spouse – no particulars of alleged errors – application dismissed
Li v Minister for Immigration and Citizenship [2026] FedCFamC2G 1820
MIGRATION – The applicant, a student aged over 18, was added to his mother’s visa application and needed to establish he was substantially reliant on her for financial support to meet his basic needs for food, clothing and shelter, and that such reliance was greater than on any other person – Tribunal did not find such reliance made out – applicant unsuccessfully argued that the Tribunal had variously misused or misunderstood evidence, or that its conclusions lacked an evident and intelligible justification – no ground made out – application dismissed
Kandel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1818
MIGRATION – decision of the then Administrative Appeals Tribunal – where the Tribunal refused reinstatement and confirmed its decision to dismiss under s 362B(1C)(b) of the Migration Act – whether the Tribunal erred in its consideration of a medical certificate – whether the Tribunal placed undue weight on case management objectives – procedural fairness – legal unreasonableness – allegation of bias – conduct of migration agent – no jurisdictional error established – application dismissed.
BJR21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1817
MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether Tribunal failed to consider claims – procedural fairness – no jurisdictional error established – application dismissed.
Singh v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1833
MIGRATION – Judicial review – review of Judicial Registrar’s exercise of power – hearing de novo – summary judgment – student visa application lodged while applicant outside migration zone – whether delegate’s decision was a reviewable migration decision – requirement in s 338(2)(b) of the Migration Act 1958 (Cth) not satisfied – Administrative Review Tribunal lacked jurisdiction – erroneous notification of review rights incapable of conferring jurisdiction – application dismissed.
Mirza v Minister for Immigration and Citizenship [2026] FedCFamC2G 1851
MIGRATION - application for judicial review of decision of Administrative Review Tribunal – affirmation of Delegate’s cancellation of Student (subclass 576) visa – whether the Tribunal decision vitiated by fraud of third party – whether the Tribunal unreasonably refused to adjourn hearing despite medical evidence provided by the Applicant – no jurisdictional error established – application dismissed
BEV22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1798
MIGRATION – Protection visa – decision of the then Administrative Review Tribunal – whether the Tribunal misdirected its enquiries or failed to properly consider the applicants’ claims – no jurisdictional error – application dismissed.
Rana v Minister for Immigration and Citizenship [2026] FedCFamC2G 1813
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed Delegate’s cancellation of Student (subclass 500) visa – no jurisdictional error established – application dismissed.
Khaliq v Minister for Immigration and Citizenship [2026] FedCFamC2G 1812
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed Delegate’s refusal of Skilled Nominated (subclass 190) visa – no jurisdictional error established – application dismissed
Green Leaf Australia Group Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1807
MIGRATION – judicial review of decision of Administrative Appeals Tribunal –approval of a nomination–where no Tribunal hearing held - whether Tribunal applied an independent mind to review or copied delegate- whether the applicant was afforded procedural fairness – whether Tribunal considered relevant evidence- application dismissed
JCK24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1804
MIGRATION – Judicial review – decision of Administrative Review Tribunal – citizen of Malaysia – whether error in failing to consider other kinds of harm – whether error in failing to consider attraction to men – whether error in failing to consider threat to life of not observing Islam in Malaysia – whether Tribunal decision biased – whether Tribunal took into account irrelevant material – where failure to particularise – whether merits review – whether jurisdictional error
LZT25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1803
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – matter listed for an extension of time hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
Zahid v Minister for Immigration and Citizenship [2026] FedCFamC2G 1801
MIGRATION LAW – application for an extension of time – where the applicant’s student visa was cancelled as the applicant did not maintain her enrolment – the Tribunal was not satisfied they should exercise discretion to not cancel the student visa – where the judicial review application was filed eight days late – no reasonable excuse identified for filing the application late – where there are no prospects of success – application dismissed
BOH20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1800
MIGRATION LAW – extension of time application – where application is made 1086 days out of time – no reasonable excuse for the delay – applicant seeks review of a delegate’s decision to refuse to grant a refugee and humanitarian (class XB) visa – delegate was not satisfied as to the age of the secondary applicants – no jurisdictional error established – application dismissed
Dey v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1799
MIGRATION– costs – whether costs should be awarded against Mr Gurdial Singh Ranjit Singh, sole practitioner of Quantum Consulting: Quantum Legal Advisory & Migration Consultants Pty Ltd of Suite 1.06, Level 1/365 Little Collins St, Melbourne VIC 3000 – where the lawyer failed to disclose that he had drafted and settled an application on behalf of the applicant – where the lawyer acted ‘in the shadows’ – where his failure to disclose his involvement resulted in the adjournment of the matter – where he failed to attend court in relation to the question of costs resulting in a further adjournment – breach of the lawyer’s duty to the Court – costs ordered personally against practitioner PRACTICE AND PROCEDURE – inappropriate use of generative artificial intelligence in the preparation of submissions by Mr Gurdial Singh Ranjit Singh – where the Court was required to check the citations provided – where citations were either AI hallucinations or did not support the proposition for which they were cited – breach of duty to the Court – consideration of the appropriate sanction for a lawyer’s improper use of generative artificial intelligence
BDA26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1797
MIGRATION – Judicial Review – application for protection visa – where Tribunal dismissed application after applicant failed to attend directions hearing and failed to apply for reinstatement within prescribed period – whether Tribunal validly exercised power to dismiss for non-appearance – whether applicant notified of hearing in accordance with Migration Act 1958 (Cth) – whether denial of procedural fairness – whether legal unreasonableness established – no jurisdictional error – application dismissed with costs.
AJF26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1796
MIGRATION – review of Registrar’s order summarily dismissing application – application for extension of time to make application to review Registrar’s orders - protection visa application –where Tribunal dismissed application after applicant failed to attend hearing and confirmed dismissal when applicant failed to apply for reinstatement within prescribed period – whether Tribunal validly exercised power to dismiss for non-appearance – whether application has no reasonable prospect of success
Vithanage v Minister for Immigration and Citizenship [2026] FedCFamC2G 1795
MIGRATION – Extension of Time – application for student visa – application for review to Administrative Review Tribunal (ART) not properly made – application to ART lodged within 28-day period with request for waiver of fee – no payment of prescribed fee until after elapse of 28 day period – whether letter notifying of primary decision stated the time in which the application for review may be made – whether substantial compliance with requirement in s 66(2)(d)(ii) of the Migration Act 1958 (Cth) – whether failure to strictly comply with requirement caused substantial prejudice to applicant’s rights – extension of time granted – no jurisdictional error on the part of the Tribunal – substantive application dismissed.
DOS26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1790
MIGRATION – extension of time to review Registrar’s decision – summary judgment – Administrative Review Tribunal dismissed review application following non-appearance – no arguable jurisdictional error – no reasonable prospect of success – extension refused – costs
Karki v Minister for Immigration and Citizenship [2026] FedCFamC2G 1789
MIGRATION – Judicial review – student visa – cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) – non-compliance with condition 8202 – procedural fairness – failure to consider relevant evidence – consideration of irrelevant matters – application of statutory cancellation power – exercise of discretion – legal unreasonableness – adequacy of opportunity to respond to notice of intention to consider cancellation – no jurisdictional error – application dismissed
Ritu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1788
MIGRATION – Judicial review – Student visa – visa cancellation – condition 8202 – failure to maintain enrolment – Administrative Review Tribunal – procedural fairness – reasonable opportunity to present case – adverse information – legal unreasonableness – Tribunal consideration of non-enrolment arising from personal circumstances and dealings with education provider – no jurisdictional error established – application dismissed.
Sherpa v Minister for Immigration and Citizenship [2026] FedCFamC2G 1757
MIGRATION – judicial review – decision of delegate refusing to grant student visa – applicant previously completed range of educational courses in Australia and held student and temporary graduate visas– absence of link between proposed course of study and career progression – application dismissed
Sajjad v Minister for Immigration and Citizenship [2026] FedCFamC2G 1755
MIGRATION – Student (Class TU) (Subclass 500) visa – Refusal of visa application – Genuine applicant for entry and stay as a student under cl 500.212(a) of Sch 2 of the Migration Regulations 1994 (Cth)– Application for judicial review – Alleged failure to consider personal circumstances – Alleged denial of procedural fairness – Alleged misapplication of Ministerial Direction No 108 – No jurisdictional error established – Application dismissed – Costs ordered.
DAO22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1753
MIGRATION – judicial review – extension of time application – extreme delay – unsatisfactory explanation for delay – consideration of merits of underlying application – extension of time refused
Afridi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1746
MIGRATION – Student (Temporary) (Class TU) (Subclass 500) visa – Application for an extension of time under s 477(2) of the Migration Act 1958 (Cth) – Moderate delay in lodging the application for judicial review 26 days late – No satisfactory explanation for the delay – Insufficient merits in the application for judicial review – Application dismissed with costs
EAR25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1780
MIGRATION LAW – whether the Tribunal failed to properly address an unarticulated claim which squarely arose on the material before it – where gender-based violence in Solomon Islands was recorded as being substantial – where the Tribunal failed to properly address such issue with the unrepresented applicant – where it was obliged to do so – application for review granted – orders accordingly.
Shrestha v Minister for Immigration and Citizenship [2026] FedCFamC2G 1776
MIGRATION – judicial review – decision of delegate refusing to grant student visa – applicant absent from court hearing – dismissal for non-appearance
Gagandeep v Minister for Immigration and Citizenship [2026] FedCFamC2G 1774
MIGRATION – Judicial review application – Student visa – Decision of Administrative Review Tribunal refusing to grant Student (Temporary) (Class TU) (Subclass 500) (Subsequent Entrant) visa – Where the Applicant has had a previous visa cancelled within three years of the fresh visa application – Whether the Tribunal failed to properly consider PIC 4013 waiver – Whether the Tribunal decision is affected by jurisdictional error – No jurisdictional error established – Application dismissed.
Kaur v Minister for Immigration and Citizenship [2026] FedCFamC2G 1766
MIGRATION – Student visa – decision of the Administrative Review Tribunal – whether Tribunal failed to consider evidence – whether evidence of interpretation error – whether brevity of hearing reveals error – no jurisdictional error established – application dismissed.
LIW24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1743
MIGRATION – application for protection visa by a Muslim man from Pakistan – claim for protection was based on his conversion from the Sunni sect (in the majority in Pakistan) to the Shia sect – applicant claimed he was attacked by his then new wife’s family who were conservative Sunni Muslims upon discovery of his conversion – the Tribunal found his claim of conversion not to be credible including because it disbelieved the applicant’s evidence that he had not told his then to be wife of the conversion – the Tribunal found it would have expected the applicant to be concerned for the safety and welfare of his wife if he had then intended to convert – applicant asserted this was an unwarranted assumption lacking an evident and intelligible justification and thus unreasonable – ground not made out – application dismissed
IEG25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1779
MIGRATION – Review of Registrar’s orders – Hearing de novo – Summary judgment – Failure to disclose earlier judicial review proceeding concerning the same tribunal decision – Section 486D of the Migration Act 1958 (Cth) – Proceeding incompetent – Application for review dismissed.
JXR25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1773
MIGRATION – protection visa – decision of the Administrative Review Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)
Shabaz v Minister for Immigration and Citizenship [2026] FedCFamC2G 1771
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed Delegate’s cancellation of Student (subclass 500) visa – whether Tribunal engaged in illogical reasoning – whether Tribunal failed to make a necessary finding – whether Tribunal failed to consider aspects of Applicant’s claim – no jurisdictional error established – application dismissed
OMJ25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1763
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – application for review of a decision made by a Registrar not to reinstate the applicant’s judicial review application – where application was dismissed based on the applicant’s failure to attend first court date – whether the Tribunal failed to properly consider or engage with information contained in the DFAT Country Information Report – whether the Tribunal’s findings were illogical, irrational or legally unreasonable – whether the Tribunal’s approach when making its adverse credibility findings was “overly rigid” – whether the Tribunal failed to properly assess the applicant’s protection claims cumulatively – whether the Tribunal misapplied the “real chance” test – no arguable case of jurisdictional error identified – no reasonable prospect of success in the substantive application – application dismissed.
Nannuri v Minister for Immigration and Citizenship [2026] FedCFamC2G 1750
MIGRATION – Student visa – decision of the Administrative Review Tribunal – application for an extension of time – where the delay was not significant – where the explanation for delay accepted – where the merits of the substantive application were not strong – procedural fairness – illogicality – no jurisdictional error established – application for extension of time dismissed.
BYH19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1749
MIGRATION – Judicial review – Protection (Class XA) (Subclass 866) visa – whether the Administrative Appeals Tribunal failed to assess the applicant’s risk of harm in the reasonably foreseeable future and confined its analysis to the present and the immediate future – whether the Tribunal reasoned illogically by assessing the applicant’s risk of harm in his hometown through country-wide statistics for Pakistan as a whole rather than in the applicant’s hometown Khyber Pakhtunkhwa – whether the Tribunal reasoned illogically when considering whether the applicant faced risk of harm from security forces – whether there was non-compliance with ss 424AA or s 424A of the Migration Act 1958 (Cth) – no jurisdictional error disclosed – application dismissed.
Nguyen v Minister for Immigration and Citizenship [2026] FedCFamC2G 1741
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal’s reasoning regarding certain financial statements relied upon by the applicant was at odds with the content of the statements (although consistent with other financial statements provided) – finding that the contents of the statements in question were not considered – writs issued
EKN21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1747
MIGRATION – judicial review of Administrative Appeals Tribunal decision – Safe Haven Enterprise (Class XE) (Subclass 790) visa – applicant claimed to be stateless Faili Kurd from Iran – failure to consider substantial and clearly articulated argument concerning interaction between Kurdish ethnicity and public profile – illogicality and irrationality – adverse credibility findings – unwarranted assumptions concerning expected knowledge and conduct of genuinely stateless person – assumptions not sufficiently anchored in applicant’s circumstances or probative material – distinction between non-satisfaction as to statelessness and positive finding of Iranian citizenship – cumulative reasoning – disbelief not affirmative proof of competing factual hypothesis – self-reinforcing fact-finding – materiality – Grounds 1 and 3 established – Ground 2 not established – application allowed with costs.
Patel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1744
MIGRATION – Student visa – decision of the Administrative Review Tribunal – whether the Tribunal properly applied the genuine temporary entrant criterion – whether the Tribunal overlooked or failed to consider the applicant’s evidence – no jurisdictional error established – application dismissed.
LMY24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1738
MIGRATION – protection visa – Administrative Review Tribunal – review determined without hearing at applicant’s request – ss 55 and 106 Administrative Review Tribunal Act 2024 (Cth) – application of SZBEL and LLR24 – whether Tribunal relied upon new dispositive issue – delegate and Tribunal proceeding on same essential evidentiary deficiency – applicant on notice of issue identified by delegate – applicant afforded opportunities during review to provide further information and evidence – pre-hearing information form – hearing invitation – whether issues could be adequately determined in absence of parties – jurisdictional error not established – application dismissed with costs.
Tawk v Minister for Immigration and Citizenship [2026] FedCFamC2G 1737
MIGRATION – judicial review – Medical Treatment (Subclass 602) visa – Administrative Review Tribunal – determination without hearing under s 106 Administrative Review Tribunal Act 2024 (Cth) – applicant requesting decision on papers – Tribunal seeking further information before determination – distinction between new dispositive issue and evidentiary matters bearing upon existing issue – procedural fairness – no jurisdictional error – application dismissed with costs.
Silva v Minister for Immigration and Citizenship [2026] FedCFamC2G 1735
MIGRATION – application for extension of time to lodge an application for judicial review - decision of Administrative Appeals Tribunal to affirm decision to refuse visa – Regional Employer Nomination Visa –whether necessary in the interests of the administration of justice to extend time – whether reasonably arguable case - no arguable prospects – question of how the Tribunal should use the ANZSCO classifications – whether dispositive issues put to the applicants - application dismissed – Ministerial Intervention
Dr Guzzo Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1734
MIGRATION - decision of Administrative Appeals Tribunal refusing approval of nomination of position – whether loss of entitlement to attend Tribunal hearing restored when Tribunal’s decision quashed by court and matter remitted to Tribunal for redetermination – whether scope of Tribunal’s review limited to issue decided by delegate – whether Tribunal erred in not being satisfied that terms and conditions of employment applicable to position no less favourable than terms and conditions provided to Australian citizen or permanent resident for performing equivalent work in same workplace – whether Tribunal required to consider tasks at all hierarchical levels of ANZSCO Code in determining whether tasks to be performed in position correspond to tasks of occupation specified in ANZSCO Code – whether Tribunal breached s 359A or denied applicant procedural fairness by relying on information published by Australian government without putting information to applicant for comment – application dismissed
GZA25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1758
MIGRATION – protection visa – decision of the Administrative Review Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
Li v Minister for Immigration and Citizenship [2026] FedCFamC2G 1739
MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – genuine temporary entrant criterion – no jurisdictional error established – application dismissed.
FBV26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1736
MIGRATION – REVIEW OF A REGISTRAR’S DECISION – Protection visa – Applicant given notice of Tribunal hearing – Applicant did not appear at Tribunal hearing – Tribunal dismissed the application under s 99 of the Administrative Review Tribunal Act 2024 (Cth) –Applicant had right to apply for reinstatement of application within 28 days – Applicant did not apply to reinstate application – Tribunal required to confirm dismissal under s 368C(5) of the Migration Act 1958 (Cth) – Minister applied for summary dismissal – No reasonable prospect of success – Review application dismissed
BQW20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1718
MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for judicial review of a decision of the Administrative Appeals Tribunal – Whether the Tribunal failed to consider a claim made by the applicant, or one that arose on the materials – Reading the decision fairly and as a whole, Tribunal did not fail to consider a claim or part of a claim made by the applicant – No jurisdictional error found – Application dismissed with costs.
BER26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1768
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
Chan v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1756
MIGRATION – costs – application for above scale costs – where above scale costs warranted on account of complexity arising from legal developments after the hearing of the matter – fixed costs order made
BVH22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1754
MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for an extension of time to seek judicial review of a decision of the Administrative Appeals Tribunal – Application dismissed for non-appearance, with costs.
CLA15 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1730
MIGRATION – costs – application for leave to institute proceeding dismissed – whether costs should follow the event – where no basis to depart from ordinary costs rule – where respondent successful – lump sum costs order made.
Ullah v Minister for Immigration and Citizenship [2026] FedCFamC2G 1729
MIGRATION – Judicial Review – Student (Temporary) (Class TU) (Subclass 500) visa – genuine temporary entrant criterion in cl 500.212 of Schedule 2 of the Migration Regulations 1994 (Cth) – whether the Administrative Review Tribunal failed to holistically consider the applicant’s evidence as to the various factors in the Ministerial Direction No. 108 – whether the Tribunal’s findings and conclusions were legally unreasonable – whether the Tribunal determined the applicant’s application in circumstances giving rise to a reasonable apprehension of bias – no jurisdictional error disclosed – application dismissed.
EHM24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1725
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – application for an extension of time – where the delay was not significant – where the explanation for delay accepted – where the merits of the substantive application were not strong – procedural fairness – illogicality – no jurisdictional error established – application for extension of time dismissed.
Chan v Minister for Immigration and Citizenship [2026] FedCFamC2G 1717
MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – whether the applicant was denied procedural fairness – whether the Tribunal’s decision was affected by bias – whether the Tribunal failed to consider claims and/or evidence – whether the Tribunal’s decision was otherwise affected by relevant error – application dismissed
Matharu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1632
MIGRATION – Student (Class TU) (Subclass 573) visa – Visa cancellation for breach of visa condition 8202(2)(a) of sch 8 of the Migration Regulations 1994 (Cth) – Application for judicial review – Whether Tribunal failed to consider a relevant considerations and evidence – No jurisdictional error established – Application dismissed with costs.
BAE26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1767
MIGRATION – Protection visa – decisions of the Administrative Review Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1731
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed Delegate’s refusal of Student (subclass 500) visa on the basis that the Applicant did not satisfy the GTE Criterion – whether Tribunal misapplied the GTE Criterion – whether Tribunal denied Applicant procedural fairness – no jurisdictional error established – application dismissed
BDY20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1722
MIGRATION — application for judicial review — decision made by the Administrative Appeals Tribunal — protection visa — where applicant was found to have provided incorrect answers during application — where applicant’s visa cancelled — whether the Tribunal applied incorrect burden of satisfaction — whether the Tribunal failed to make findings about the correctness of the applicant’s answers — whether the Tribunal’s reasoning was illogical — no jurisdictional error established — application dismissed.
Liao v Minister for Immigration and Citizenship [2026] FedCFamC2G 1721
MIGRATION — application for judicial review — decision made by the Administrative Appeals Tribunal — partner visa — where the applicant made claims about family violence — where the Tribunal did not consider family violence claims as it found the applicant and sponsor were not genuine spouses — whether the Tribunal failed to consider relevant evidence — whether there was any apprehended bias — whether the Tribunal’s decision was unreasonable — no jurisdictional error established — application dismissed.
Silaban v Minister for Immigration and Citizenship [2026] FedCFamC2G 1719
MIGRATION LAW – whether the first applicant was a “carer” under the Regulations – where the first applicant’s mother was placed in residential aged care – where the term “carer” had to be construed in its legislative context – no jurisdictional error established – application dismissed.
JCT25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1706
MIGRATION – review of exercise of power by registrar – judicial review proceeding dismissed due to non-appearance of applicant at first court date – decision of registrar dismissing application for extension of time to reinstate judicial review proceeding – whether applicant provided satisfactory explanation for non-appearance at first court date – whether applicant provided satisfactory explanation for delay in lodging reinstatement application – merits of underlying application – application dismissed
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1712
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed Delegate’s refusal of Student (subclass 500) visa on the basis that the Applicant did not satisfy the GTE Criterion – no jurisdictional error established – application dismissed
Pervaiz v Minister for Immigration and Citizenship [2026] FedCFamC2G 1696
MIGRATION – JURISDICTION - partner visa – where Administrative Appeal Tribunal found it had no jurisdiction to review a decision of a delegate of the Department of Home Affairs - where the sponsor passed away after the delegate’s decision and after application to the Tribunal - where legislation required that the application for merits review by the Tribunal be made by the sponsor – whether the Tribunal erred in finding that it had no jurisdiction – whether this Court has jurisdiction – consideration of standing provisions in s 478 Migration Act - meaning of ‘applicant’ and ‘person the subject of the review’- application dismissed
Somarthi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1710
MIGRATION – ex tempore – application for review decision of Administrative Appeals Tribunal – Tribunal affirmed Delegate’s refusal of Student (subclass 500) visa on basis Applicant was not enrolled in a course of study – Tribunal made only decision open to it – no jurisdictional error established – application dismissed
CBF23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1708
MIGRATION – Urgent interlocutory application to restrain removal from Australia – where Applicant seeks to remain in Australia to pursue review of a decision by the Administrative Appeals Tribunal – application for injunctive relief refused
AFK25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1705
MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal failed to fully assess the risk to the applicant – whether the Tribunal failed to assess the availability to the applicant of effective state protection – whether the Tribunal erred by not providing sufficient reasoning in relation to its assessment of the applicant’s credibility – whether the Tribunal made assumptions in relation to the risk faced by the applicant – whether the Tribunal failed to consider if the applicant was a member of a particular social group – whether the Tribunal’s findings were unreasonable – no jurisdictional error – application dismissed.
ALK25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1704
MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal affirming decisions not to grant the applicants protection visas – whether the Tribunal failed to consider all relevant evidence and adequately assess the risk of significant harm arising from the second applicant’s medical condition – whether the Tribunal was required to consider the interests of the applicants’ children or the risk of harm to the children, who were not parties to the review application – whether the Tribunal made a jurisdictional error by failing to consider the applicants’ contributions to the Australian community – whether the Tribunal failed to provide an adequate opportunity to the applicants to adduce evidence – whether the Tribunal erred in its assessment of the economic situation in Malaysia – whether the Tribunal failed to consider the applicants’ claims individually and cumulatively – whether the Tribunal made a jurisdictional error by failing to consider risks in Malaysia’s legal system which affect them as Bumiputera – whether the Tribunal based its decision on general country information without properly considering the applicants’ specific circumstances – no jurisdictional error – application dismissed.
Shaik v Minister for Immigration and Citizenship [2026] FedCFamC2G 1702
MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant student visa – applicant absent from Court hearing – dismissal for non-appearance
Odedra v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1701
MIGRATION - Application for a Student (Temporary) (Class TU) visa - Where the applicant failed to provide any evidence of English language proficiency as required by cl.500.213(1) of Schedule 2 to the Migration Regulations 1994 (Cth) – Application dismissed
KGP25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1697
MIGRATION – judicial review – protection visa – adverse credibility findings – whether inconsistencies concerned matters central to protection claims – psychological report dependent upon factual history provided by applicant – witness statements concerning alleged later threats – indirect and hearsay character of witness evidence – whether Tribunal entitled to assign witness statements no weight – whether decision not to obtain oral evidence from witnesses legally unreasonable – caution before concluding corroborative evidence cannot affect credibility – whether evident and intelligible justification – complementary protection – country information concerning honour killings in India – factual substratum of claims rejected – no jurisdictional error – application dismissed with costs.
MIGRATION - Application for a Student (Temporary) (Class TU) visa - Where the applicant was found not to be a genuine temporary entrant – No error demonstrated - Application dismissed
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1690
MIGRATION – PRACTICE AND PROCEDURE – Application for an adjournment – Adjournment refused MIGRATION – APPLICATION FOR EXTENSION OF TIME – Substantive application had no reasonable prospects of success – Not necessary in the interests of the administration of justice to extend time – Application dismissed
Nasir v Minister for Immigration and Citizenship [2026] FedCFamC2G 1709
MIGRATION – Point in time that an application is taken to have been made to the Court – whether applicant requires extension of time
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1692
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – Tribunal found breach of condition 8202 of student visa and exercised discretion to cancel visa – whether the Tribunal erred in decision to cancel the visa – whether the Tribunal erred in not granting adjournment – no jurisdictional error in procedure or decision – application dismissed
Islam v Minister for Immigration and Citizenship [2026] FedCFamC2G 1687
MIGRATION – application for an extension of time to seek review of the Administrative Appeals Tribunal’s decision – where Tribunal affirmed Delegate’s refusal of Student (subclass 500) visa – extension of time not in the interests of the administration of justice – application dismissed
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1686
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – affirmation of Delegate’s refusal of Student (subclass 500) visa – whether Tribunal’s refusal to extend deadline for providing information unreasonable – whether Applicant should have been invited to a hearing before the Tribunal – no jurisdictional error established – application dismissed
CHU22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1684
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – affirmation of Delegate’s refusal of Protection (subclass 866) visa – where Originating Application brought 1133 days late – where Tribunal decision infected by jurisdictional error in wrongly asserting application before it was out of time – extension of time in the interests of the administration of justice – decision of Tribunal quashed and remitted
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1683
MIGRATION – application for judicial review of a decision of Administrative Appeals Tribunal – refused a Student (Temporary) (Class TU) (subclass 500) visa – Tribunal was not satisfied that the applicant met cl 500.213 of sch 2 to the Migration Regulations 1994 (Cth) – assessment of whether the Tribunal failed to consider the applicant’s evidence and circumstances – no jurisdictional error identified – application dismissed
Chawla v Minister for Immigration and Citizenship [2026] FedCFamC2G 1682
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – Tribunal found breach of condition 8202 of student visa and exercised discretion to cancel visa – whether the Tribunal erred in decision to cancel the visa – no jurisdictional error in procedure or decision – application dismissed
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1681
MIGRATION – application for judicial review of decision of Administrative Review Tribunal – cancellation of Student (Class TU) (subclass 500) visa for breach of visa condition 8202(a) – Tribunal found the relevant factors and considerations weighed in favour of exercising the discretion to cancel the visa – assessment of whether the Tribunal failed to consider the applicant’s evidence and circumstances – no jurisdictional error identified – application dismissed
Shah v Minister for Immigration and Citizenship [2026] FedCFamC2G 1675
MIGRATION – Application for reinstatement of Judicial Review application – Judicial Review application dismissed for non-appearance – Student (Temporary) (Class TU) visa (Subclass 500) – genuine temporary entrant criterion – Clause 500.212 of Schedule 2 to the Migration Regulations 1994 (Cth) – Alleged procedural unfairness – Alleged legal unreasonableness – Alleged illogical or irrational reasoning – Alleged failure to consider relevant material – No jurisdictional error apparent – Reinstatement application dismissed with costs
Hamid v Minister for Immigration and Citizenship [2026] FedCFamC2G 1674
MIGRATION – Judicial Review – Extension of time – Student (Class TU) (subclass 500) visa cancellation – Administrative Review Tribunal – One-day delay – Inadequate explanation – No prejudice to First Respondent – Alleged failure on the Tribunal to consider claim – Impermissible merits review – No jurisdictional error apparent – Extension of time refused – Application dismissed with costs
Kumar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1672
MIGRATION – application for judicial review of a decision of Administrative Appeals Tribunal – refused a Visitor (Class FA) (subclass 600) visa – Tribunal found the applicant did not meet criterion 3004 for the purposes of cl 600.223 of sch 2 to the Migration Regulations 1994 (Cth) – assessment of whether the Tribunal failed to consider the applicant’s evidence and circumstances – no jurisdictional error identified – application dismissed
AUL20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1671
MIGRATION – application for judicial review of a decision of Administrative Appeals Tribunal – refusal of Protection (Class XA) (subclass 866) visa – Tribunal found several of the applicant’s claims were vague, confusing, unreliable and inconsistent – assessment of whether the Tribunal failed to consider the applicant’s evidence and circumstances – no jurisdictional error identified – application dismissed
Ramos v Minister for Immigration and Citizenship [2026] FedCFamC2G 1670
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – Tribunal found application for review was made outside the prescribed time period – whether notification of the delegate’s decision met the requirements of s 66 of the Migration Act 1958 (Cth) – assessment of whether the time in which the application for review of the delegate’s decision may be made was sufficiently clear in the notification letter – requirements of s 66 of the Act not met – information relevant to when the notification letter was taken to have been received found to be significantly remote from the period in which the applicants were required to apply to the Tribunal – application granted
BEW21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1654
MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – where Tribunal misconstrued evidence – whether error material to outcome – jurisdictional error established – writs issued.
LLX24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1649
MIGRATION – application for extension of time for judicial review of decision of the Administrative Appeals Tribunal – where the Tribunal found it had no jurisdiction to review the application –whether an extension of time is in the interests of the administration of justice – whether the substantive application has reasonable prospects of success – assessed at an impressionistic level – extension of time not granted – application dismissed
Prince v Minister for Immigration and Citizenship [2026] FedCFamC2G 1648
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – Tribunal refused to grant Student (Temporary) (Class TU) visa – Tribunal found applicant did not meet English language proficiency requirements – whether Tribunal erred in not granting an adjournment – no jurisdictional error in procedure or decision – application dismissed.
CTA22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1647
MIGRATION – Extension of time application – protection visa – complementary protection criteria – application for adjournment refused – no arguable jurisdictional error – extension refused as underlying claims futile – subsequent complaint made by applicant as to purported deficiencies in interpretation at hearing – upon the hearing transcript being translated to him, applicant failed to identify any interpreting inaccuracy – application dismissed.
ARB18 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1616
MIGRATION – Safe Haven Enterprise visa – decision of the Immigration Assessment Authority – where applicant claimed to be a citizen of Afghanistan but was found to be a citizen of Pakistan – whether s 473GB non-disclosure certificates were valid – whether the IAA exercised its powers reasonably – whether the IAA was required to invite the applicant to attend an interview – whether the IAA was required to assess the applicant’s claims as against Pakistan – whether the IAA’s findings were irrational or unreasonable – jurisdictional error established – writs issued.
BQU26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1673
MIGRATION – application for extension of time – judicial review – Protection (Class XA) visa – Administrative Review Tribunal – dismissal for non-appearance decision – confirmation of dismissal decision – whether extension of time necessary in the interests of the administration of justice – lengthy delay of 334 days – adequacy of explanation for delay – reliance upon third parties – allegations of fraud affecting Tribunal process – whether allegations supported by cogent evidence – whether Tribunal complied with statutory notification requirements – alleged breach of procedural fairness – alleged legal unreasonableness – alleged constructive failure to exercise jurisdiction – alleged failure to consider relevant matters – no reasonably arguable case of jurisdictional error – extension of time refused – application dismissed.
KTK24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1668
MIGRATION – application for judicial review of a decision of the Administrative Review Tribunal affirming a decision not to grant the applicant a protection visa – whether the Tribunal failed to consider an integer of the applicant’s claim – whether the Tribunal relied on incorrect information or facts from a different case – whether the misspelling of a place name by the Tribunal amounts to jurisdictional error – whether the Tribunal made a jurisdictional error by failing to seek further information – no jurisdictional error – application dismissed.
Kubai v Minister for Immigration and Citizenship [2026] FedCFamC2G 1660
MIGRATION – Student visa – decision of the Administrative Review Tribunal – application for an extension of time – minor delay – no prejudice – inadequate explanation – whether there is an “arguable case” that the Tribunal erred by failing to acknowledge “system issues” when the applicant attempted to file a review application and pay a prescribed fee to the Tribunal – no arguable case of jurisdictional error – extension of time refused.
Wu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1651
MIGRATION – Applicant for a Business Skills (Provisional) (Class EB) Business Innovation and Investment (Provisional) (Subclass 188) visa – Where the applicant found not to satisfy the “investor stream” criteria in clause 188.243 of Schedule 2 of the Migration Regulations 1994 (Cth) –Application dismissed
GSQ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1809
MIGRATION – Application for extension of time in which to seek review of Registrar decision
FTP24 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1665
MIGRATION — application for judicial review — decision made by the Administrative Appeals Tribunal — protection visa — whether credibility findings were impacted by unreasonable assumptions — decision affected by jurisdictional error — application allowed.
JVW24 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1663
MIGRATION — application for judicial review — decision made by the Administrative Review Tribunal — protection visa — whether the Tribunal failed to consider one of the applicant’s claims — where that error is material — jurisdictional error established — application allowed.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1662
MIGRATION — application for judicial review — decision of the Administrative Appeals Tribunal — partner visa — where application not made within 28 days of the end of the applicant’s substantive visa — Tribunal found there were no compelling reasons to allow the application — whether unreasonable or illogical — whether failed to consider key evidence — no jurisdictional error established — application dismissed.
Duro v Minister for Immigration and Citizenship [2026] FedCFamC2G 1661
MIGRATION — application for judicial review — decision of the Administrative Review Tribunal — temporary graduate working visa — where the applicant did not supply evidence of a language test with his visa application — where the visa was refused because the applicant did not supply that evidence — whether the Tribunal misapplied the law — whether the Tribunal failed to comply with procedural fairness requirements — no jurisdictional error established — application dismissed.
Naeem v Minister for Immigration and Citizenship [2026] FedCFamC2G 1655
MIGRATION – Judicial review – student visa – visa cancellation – non-compliance with condition 8202 – whether Tribunal complied with s 359A – PRISMS records raised at hearing – opportunity to respond – weight to evidence – financial material provided after hearing – PIC 4013 – future visa consequences – reg 2.43A – prescribed matters – cancellation discretion – no jurisdictional error – application dismissed with costs.]
Mudireddy v Minister for Immigration and Citizenship [2026] FedCFamC2G 1650
MIGRATION – judicial review of decision of Administrative Appeals Tribunal – Skilled (Provisional) visa –where applicant contended he had mistakenly applied under the Post-Study Work stream instead of the Graduate Work stream - effect of stream nomination under cl 1229(3)(j) of Sch 1 and reg 2.03(1A) - application of Obinwa v Minister for Immigration, Citizenship and Multicultural Affairs (2024) 302 FCR 5293 – whether Tribunal erred in determining the matter on the basis of the stream in the application – where negligence of agent - application dismissed.
FSB25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1652
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – matter listed for final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to rule 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
DVY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1642
MIGRATION – protection visa application – application for judicial review of decision of Administrative Review Tribunal – where applicant in immigration detention – reliance on generic and unparticularised grounds – application dismissed
Cai v Minister for Immigration and Citizenship [2026] FedCFamC2G 1630
MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal asked itself the incorrect question in relation to Public Interest Criterion 4020 and, as a result, constructively failed to exercise its jurisdiction – jurisdictional error established – writs issued.
IUW25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1659
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1640
MIGRATION LAW – whether the Tribunal properly conducted a review – whether the Tribunal afforded procedural fairness to the applicant in the conduct of its review – no jurisdictional error established – application dismissed.
MZAPC v Minister for Immigration and Citizenship [2026] FedCFamC2G 1639
MIGRATION – Judicial Review – Request for Ministerial Intervention under s 48B of the Migration Act 1958 (Cth) pending determination – Whether serious question to be tried – Whether interlocutory injunction should be granted to restrain removal – Pending Ministerial Intervention request irrelevant to duty to remove under s 198 of Migration Act – No legal unreasonableness established – Balance of convenience favours removal – Application dismissed with costs
BAX24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1634
MIGRATION – judicial review of decision of Administrative Appeals Tribunal – medical treatment visa - assessment of ‘genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted’ and ‘any other relevant matters’ - applicability of Inderjit v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 212 FCR 278 - application dismissed.
Daza v Minister for Immigration and Citizenship [2026] FedCFamC2G 1624
MIGRATION – Judicial Review – Administrative Appeals Tribunal – Subclass 500 (Student) visa – Applicant alleges third-party fraud by migration agent – Whether migration agent’s conduct constituted fraud rather than negligence – Whether fraud stultified operation of statutory review process and deprived Applicant of opportunity to provide material and be heard – Whether Tribunal failed to reasonably exercise jurisdiction – Jurisdictional error established – Tribunal decision quashed and matter remitted for determination according to law.
Sigdel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1623
MIGRATION – Judicial Review – Administrative Review Tribunal – Employer Nomination (Permanent) (Class EN) (Subclass 186) visa – Allegation of legal unreasonableness – Alleged failure to perform statutory review function – Alleged failure to issue summons – Alleged unreasonable refusal of adjournment requests – Alleged failure to engage with evidence and written submissions – Alleged failure to properly consider request for Ministerial Intervention and applicable President’s Direction – No jurisdictional error established – Application dismissed with costs.
LNI25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1629
MIGRATION – Review of Registrar’s decision dismissing application for judicial review under r 23.08 – legal test for summary judgment – no reasonable prospect of successfully prosecuting the proceeding – procedural fairness – legal unreasonableness – no arguable jurisdictional error – application dismissed – decision of Registrar affirmed
BIQ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1628
MIGRATION – Protection visa applicant – citizen of Malaysia – Tribunal determined review on the papers at applicant’s request – claims not accepted – consideration of LLR24 – no jurisdictional error – application dismissed
CFE21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1626
MIGRATION LAW – extension of time conceded by the minister – cancellation of bridging visa subclass 010 (bridging A) – applicant convicted of dealing with proceeds of crime of less than $100,000 – tribunal not satisfied that discretionary reasons to not cancel the visa outweighed the reason for cancellation – applicant disagrees with the weight that the tribunal placed on certain considerations – no jurisdictional error identified – application dismissed
El Akkari v Minister for Immigration and Citizenship [2026] FedCFamC2G 1622
MIGRATION – Judicial Review – Visitor (Subclass 600) visa – delegate of the Minister refused to grant the applicant a waiver of the “no further stay” condition 8503 on her visitor visa – whether the delegate erred in assessing whether since the grant of the visitor visa compelling circumstances have developed within the meaning of regulation 2.05(4) of the Migration Regulations 1994 – jurisdictional error established as the delegate failed to engage with the evidence put forward by the applicant as to the compelling circumstances that had developed since the grant of the visitor visa– writ of certiorari to quash the decision of the delegate – writ of mandamus issued
CXW19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1621
MIGRATION – protection visa – application for extension of time – application filed 630 days out of time – inadequate explanation for filing late – extension of time not granted – application dismissed
Ohris Holdings Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1606
MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to approve employer’s nomination of occupation – criterion for approval that position associated with nominated occupation is genuine – whether error in Tribunal’s non-satisfaction that position associated with nominated occupation was genuine.
ALR20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1597
MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for judicial review – Claim of fear of harm from stepmother – Whether Tribunal failed to consider claims and evidence – Whether complementary protection criteria properly considered – Whether findings legally unreasonable or illogical – Whether procedural fairness afforded – No jurisdictional error found – Application dismissed with costs.
AIB20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1595
MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for judicial review of a decision of the Administrative Appeals Tribunal – Tribunal dismissal on credibility grounds – Whether Tribunal misconstrued applicant’s evidence and claims – Whether Tribunal failed to consider relevant information – Whether Tribunal afforded procedural fairness – No jurisdictional error established – Application dismissed with costs.
Hossain v Minister for Immigration and Citizenship [2026] FedCFamC2G 1594
MIGRATION – Business Innovation and Investment (Provisional) (Extension) (Class EB) (Subclass 188) visa – Whether applicant’s business was considered to be actively operating for the purposes of cl 188.232 of the Migration Regulations 1994 (Cth) – Subject business had nil turnover for a period of nine months, although significant expenditures were incurred in setting up business during that time – Question of futility of remittal when the time within which to apply for an extension of the visa has expired and the business the subject of the visa no longer exists – Shahpari v Minister for Immigration and Border Protection [2016] FCCA 513 applied – Business not found to be actively operating for the entirety of the relevant two year period – Remittal is futile – Application dismissed with costs.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1636
MIGRATION – Student (Class TU) (Subclass 500) visa – Application for review of registrar’s decision summarily dismissing application for judicial review – Administrative Review Tribunal proceeding dismissed for non-appearance – Whether proposed grounds of review disclosed a reasonable prospect of success – Registrar’s decision affirmed – Application for review dismissed with costs.
IZJ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1627
MIGRATION – application for extension of time for judicial review of decision of the Administrative Appeals Tribunal – there being no appearance for or on behalf of the applicant at the hearing of the application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
Mehta v Minister for Immigration and Citizenship [2026] FedCFamC2G 1620
MIGRATION – application for extension of time to review decision of the Administrative Appeals Tribunal – where applicants failed to appear at hearing before Tribunal – where Tribunal exercised discretion under s 362B(1A) of the Migration Act 1958 (Cth) to make a decision on the review without any further action to allow or enable the applicants to appear before it – where application for judicial review made 472 days late – where no approved nomination for Employer Nomination (Permanent) (subclass 186) visa capable of satisfying cl 186.223 of Sch 2 of the Migration Regulations 1994 (Cth) – where no reasonable prospects of success – application for extension of time dismissed with costs
ASI23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1619
MIGRATION – Protection (subclass 866) visas – Judicial review of Tribunal’s decision – Whether Tribunal fell into error by making findings contrary to prior findings of the delegate – Whether Tribunal failed to take into account a relevant consideration or erroneously concluded it could not form a view as to a relevant piece of evidence – Whether Tribunal’s reasoning was illogical or irrational – No jurisdictional error – Application dismissed with costs
Zangmo v Minister for Immigration and Citizenship [2026] FedCFamC2G 1618
MIGRATION – Student (Temporary) (Class TU) (subclass 500) visa – Review of delegate’s decision –Whether Applicant was denied procedural fairness – Whether delegate failed to give sufficient weight to evidence that Applicant had already commenced course in Australia and that her parents were present in Australia – Whether delegate took into account irrelevant considerations – No jurisdictional error – Application dismissed with costs
Kaur v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1601
MIGRATION – Application for a Student (Temporary) (Class TU) visa (“student visa”) – Review of Administrative Appeals Tribunal (“Tribunal”) decision – Allegation that the Tribunal’s decision was affected by jurisdictional error – Where the applicant was found not to be a genuine temporary entrant – Application dismissed
Parmar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1598
MIGRATION – Student visa – decision of the Administrative Review Tribunal – whether the Tribunal failed to consider relevant information – whether the Tribunal failed to correctly apply Direction No 108 – legal unreasonableness – whether the Tribunal failed to provide adequate and intelligible reasons – no jurisdictional error established – application dismissed.
Luong v Minister for Immigration and Citizenship [2026] FedCFamC2G 1596
MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – where the Tribunal expressly relied upon a finding that a superannuation nomination was “non-binding” in concluding that a couple were not in a genuine long-term relationship – where it was accepted that this finding was made in error – significance of error – writs issued.
Patel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1554
MIGRATION – ex tempore – extension of time to seek an application for review of the Administrative Appeals Tribunal’s decision – affirmation of Delegate’s refusal of Student (subclass 500) visa – extension of time not in the administration of justice – application dismissed.
Mohammed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1720
MIGRATION – Where Tribunal concluded applicant was not a genuine temporary entrant for study – merits review.
Karina v Minister for Immigration and Citizenship [2026] FedCFamC2G 1609
MIGRATION – Judicial review – where the Administrative Review Tribunal (the Tribunal) affirmed a decision not to grant the Applicant’s Work and Holiday (Temporary) (Class US) (Subclass 462) visa – whether the Tribunal applied the wrong legal test – whether the Tribunal failed to consider relevant considerations – whether the Tribunal relied on irrelevant considerations – failure to identify correct criterion cl 462.221A not material – no procedural unfairness – no jurisdictional error disclosed – application dismissed – costs.
Ishwar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1608
MIGRATION – Judicial review – student visa – visa cancellation – where the Administrative Review Tribunal (the Tribunal) cancelled the Applicant’s visa on the basis that they did not satisfy condition 8202 – where the Applicant raises grounds concerning personal circumstances, current enrolment, s 116 and natural justice – no jurisdictional error established – application dismissed.
Yin v Minister for Immigration and Citizenship [2026] FedCFamC2G 1607
MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant medical treatment visa – applicant absent from Court hearing – dismissal for non-appearance.
DGT22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1600
MIGRATION – Application for extension of time granted on basis of arguable merit to proposed ground of review – costs of extension of time reserved given applicant did not provide fulsome explanation for delay at commencement of proceedings and where ground of review upon which assessment was made raised only shortly prior to hearing.
Tran v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1586
MIGRATION – application for judicial review – decision of the Administrative Appeals Tribunal – Partner (Migrant) Class BC) (Subclass 100) visa – no jurisdictional error established – application dismissed with costs.
FAL19 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1585
MIGRATION – application for judicial review – decision of the Administrative Appeals Tribunal as it then was – protection (class XA) (subclass 866) visa – whether the Tribunal failed to consider vital evidence and integer of the applicant’s claims – where the applicant claims that they were not provided the opportunity to answer questions relating to harm suffered – consideration of whether the Tribunal complied with its procedural fairness obligations pursuant to Division 4 of Part 7 of the Migration Act 1975 (Cth) – no jurisdictional error established – application dismissed, with costs.
CNF19 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1584
MIGRATION LAW – application for extension of time –application filed 290 days out of time – where Tribunal initially found it had no jurisdiction to review application made out of time – consideration of whether it is in the interests of justice to grant an extension – no jurisdiction for Tribunal to undertake second review – application for extension of time dismissed with costs.
Rani v Minister for Immigration and Citizenship [2026] FedCFamC2G 1583
MIGRATION LAW – Employer nomination visa – Nominator deregistered in 2022 – Nominator discontinued judicial review proceeding – Application dismissed
DCD25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1576
MIGRATION – Protection (Class XA) (Subclass 866) visa – applicant failed to appear at first court date hearing – Registrar dismissed the application for judicial review for non-appearance – applicant filed an interlocutory application seeking orders setting aside the dismissal order – Registrar refused to set aside order – application for review of the Registrar’s Decision was filed 7 days late – de novo review of Registrar’s decision – whether the Tribunal failed to raise critical matters and adverse information to the applicant – whether the Tribunal failed to consider the applicant’s claim of fear – whether the applicant raised any other jurisdictional error grounds – application for review dismissed.
CLJ22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1574
MIGRATION – judicial review application – decision of Administrative Appeals Tribunal refusing to grant protection visa – whether Tribunal failed to consider a distinct or separate religious claim – no jurisdictional error established – application dismissed.
ABZ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1573
MIGRATION – judicial review application – decision of the Administrative Appeals Tribunal refusing to grant protection visas – whether the Tribunal failed to consider an integer of the applicants’ claim – no material jurisdictional error established – application dismissed.
DRM26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1563
MIGRATION – Costs Judgment – Application for writ of mandamus concerning delay in determination of Partner (Provisional) (Subclass 309) visa application – Whether ordinary rule displaced by exceptional circumstances – Successful Respondent entitled to costs – Impecuniosity not determinative – Consideration of impact of substantial costs debt on pending visa application – Costs discretion exercised by awarding costs on scale rather than as agreed or assessed.
BFM25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1561
MIGRATION – application for judicial review of a decision by the Administrative Appeals Tribunal – combined letter purportedly sent pursuant to ss 359 and 359A of the Migration Act 1958 (Cth) where s 359A was not enlivened – whether the letter was effectively sent pursuant to s 359 of the Act – whether an exercise of discretion relevantly miscarried in circumstances where the Tribunal’s reasoning contained factual and legal errors – writs issued.
IJU25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1575
MIGRATION – protection visa – where Tribunal rejected applicant’s central claim to fear harm based on a return to Afghanistan – where Tribunal found instead that the applicant was a citizen of India and assessed his protection claims by reference to this country – where Tribunal’s reasoning on the question of citizenship was ambiguous, illogical and incomplete and reached without a consideration of the applicant’s evidence and submissions – jurisdictional error established – application allowed with costs
AQM26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1571
MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant protection visas – applicants absent from Court hearing – dismissal for non-appearance
GNY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1559
MIGRATION – Judicial Review – Protection (Class XA) (subclass 866) visa – Administrative Review Tribunal – Tribunal application dismissed for non-appearance – Tribunal notice of hearing sent to last email address provided – No application for reinstatement – No jurisdictional error apparent – Judicial Review Application dismissed with costs.
Zhang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1560
MIGRATION – judicial review of Registrar’s decision to summarily dismiss matter – de novo review - whether reasonable prospects of success in review of Tribunal’s decision to dismiss - medical treatment visa - Registrar’s decision upheld.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1546
MIGRATION – Application for judicial review – Alleged public law fraud involving a fraudulent agent providing a bogus document to the Minister in contravention of Public Interest Criterion 4020 – Alleged fraudulent agent could not be located despite extensive searches by the solicitors for the applicant – Insufficient evidence to prove fraud or that the applicant was not knowingly complicit or not recklessly indifferent to any fraud – Amended application dismissed with costs.
MIGRATION – Application for a Student (Temporary) (Class TU) visa (“student visa”) – Review of Administrative Appeals Tribunal (“Tribunal”) decision – Allegation that the Tribunal’s decision was affected by jurisdictional error – Where the applicant alleges that the Tribunal’s decision was unreasonable in the sense of being irrational or illogical – Where the applicant was found not to be a genuine temporary entrant – Application dismissed.
DPK24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1527
MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for judicial review – Tribunal rejecting claims on credibility grounds – Whether Tribunal obliged to obtain evidence from applicant’s spouse or make further inquiries – No duty to make applicant’s case – Procedural fairness – Legal unreasonableness – Particular social group – Whether Tribunal failed to consider relevant claim or relevant consideration – No jurisdictional error established – Application dismissed – Costs ordered.
Singh v Minister for Immigration & Citizenship [2026] FedCFamC2G 1452
MIGRATION – Student (Class TU) (Subclass 500) visa – Application for judicial review – Visa cancellation for breach of visa condition – Whether Tribunal failed to consider applicant’s evidence and circumstances – Allegation of bias – No jurisdictional error found – Application for review dismissed – Costs ordered.
LGH24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1400
MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for extension of time – Application filed six days out of time – Explanation for delay inadequate – Substantive application for judicial review has no reasonable prospects of success – Application for extension of time dismissed with costs.
Huynh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1549
MIGRATION LAW – whether the Tribunal had properly carried out a review – whether the Tribunal ought to have found that the first applicant had satisfied cl. 188.225(1) of Schedule 2 to the Regulations – where jurisdictional error established – application granted.
Sarwar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1556
MIGRATION – Student (Subclass 500) visa – Application for judicial review – Non-appearance by the applicant – Application for judicial review dismissed with costs.
IJG25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1551
MIGRATION – application for review of exercise of power by registrar – registrar gave summary judgment against applicant in respect of application for judicial review of decision of Administrative Review Tribunal – whether applicant has reasonable prospect of successfully prosecuting judicial review proceeding – application dismissed
EDY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1658
MIGRATION – Protection visa – decision of the Administrative Review Tribunal – matter listed for a final hearing – no appearance by or on behalf of the applicant – application dismissed for non-appearance pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
Mohammed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1532
MIGRATION – Judicial review – student visa – request to adjourn proceeding refused – genuine temporary entrant criterion – procedural fairness – opportunity to be heard – alleged failure to consider relevant information – legal unreasonableness – irrelevant considerations – failure to consider relevant considerations – weight given to evidence – alleged misapplication of statutory criterion – impermissible merits review – no jurisdictional error – application dismissed
Saeed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1531
MIGRATION – application for judicial review – medical treatment visa – whether decision of the then Administrative Appeals Tribunal affected by jurisdictional error – application dismissed with costs.
FEJ19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1529
MIGRATION –Safe Haven Enterprise Visa – decision of the Immigration Assessment Authority – whether the Authority considered whether new information was ‘capable of being believed’ – whether the Authority made illogical findings based on country information – whether the Authority should have made an obvious inquiry on a critical fact – consideration of authorities - writs issued
Hong v Minister for Immigration and Citizenship [2026] FedCFamC2G 1535
MIGRATION – decision of Administrative Appeals Tribunal refusing to approve nomination of occupation – whether error in Tribunal’s finding that annual market salary rate for occupation was not determined by nominator or employer in accordance with prescribed legislative instrument – determination of annual earnings of equivalent Australian worker specified in Joinery and Building Trades Award – meaning of “specified” – whether nominator or employer could have regard to job advertisements and remuneration surveys to determine annual market salary rate – jurisdictional error established
Wang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1524
MIGRATION – judicial review – decision of delegate refusing to waive no further stay condition on visa previously granted – no point of principle – application dismissed.
Yusuf v Minister for Immigration and Citizenship [2026] FedCFamC2G 1523
MIGRATION – Judicial review – extension of time – delay of approximately four and a half years – explanation for delay – reliance upon legal advice – discontinuance of earlier proceedings – interests of the administration of justice – prejudice – merits of proposed application – extension of time granted – notification of decision – validity of notification letter – operation of statutory notification provisions – jurisdictional error.
DOE25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1522
MIGRATION – Judicial review – protection visa – application for merits review lodged outside prescribed period – application not properly made – Tribunal lacked jurisdiction to review delegate’s decision – notice of application not properly made issued by Registrar of Administrative Review Tribunal – application governed by former s 412 of the Migration Act 1958 (Cth) – Registrar not authorised to determine whether application was properly made under former provision – purported exercise of power by person lacking statutory authority – jurisdictional error – materiality – whether realistic possibility of different outcome – discretionary refusal of relief – certiorari and mandamus would serve no practical utility – relief futile – application dismissed – costs.
Petrou v Minister for Immigration and Citizenship [2026] FedCFamC2G 1521
MIGRATION – Judicial review – where the Administrative Appeals Tribunal (the Tribunal) affirmed a decision not to grant the Applicants’ Employer Nomination (Permanent) (Class EN) (subclass 186) visas – where the Applicants contend the Tribunal failed to engage with a substantial and clearly articulated claim and failed to afford them a meaningful opportunity to be heard–the Applicants contend the Tribunal’s decision was legally unreasonable – where Applicants contend these issues were material – the Tribunal applied cl 186.222 of the Migration Regulations 1958 (Cth) correctly – no jurisdictional error disclosed – application dismissed – costs.
ANN26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1520
MIGRATION – application for extension of time – one-day delay – explanation for delay – absence of prejudice – merits of proposed judicial review application – procedural fairness – alleged involvement of migration agent or agency – opportunity to present evidence – adverse credibility findings – alleged illogicality or irrationality – complementary protection – no reasonable prospect of success – extension of time refused – costs.
Futurz Pty Ltd v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1519
MIGRATION – application for judicial review – Temporary Residence Transition nomination scheme – whether individual who made the application has standing – where the individual seeking judicial review was the employee named in the nomination application – where no evidence that a person who might lawfully be in a position to continue the application wishes to do so – application incompetent – application dismissed with costs
Vontela v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1518
MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – Employer Nomination (Subclass 186) visa – cl 186.223(2) of Schedule 2 to the Migration Regulations 1958 (Cth) not satisfied – where nomination lodged by the sponsor had been refused – where negligence, inadvertence or incompetence on the part of the agent did not constitute fraud – where remittance of application would be futile – Tribunal decision did not disclose jurisdictional error – application dismissed with costs.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1515
MIGRATION LAW – whether a visa cancellation had been procedurally proper – where no jurisdictional error established – application dismissed..
DBY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1510
MIGRATION – judicial review – protection visa – Administrative Review Tribunal – Tribunal declined to obtain oral evidence from applicant’s sister in Pakistan – proposed corroborative evidence – written statement received from proposed witness – applicant invited to identify further evidence witness could give – s 357A of the Migration Act 1958 (Cth) – ss 9, 49, 50, 53, 55, 75 and 76 of the Administrative Review Tribunal Act 2024 (Cth) – Tribunal’s control of procedure and scope of review – reasonable opportunity to present case and adduce evidence – legal unreasonableness – whether Tribunal understood relevance and potential importance of proposed evidence – whether evident and intelligible justification – no jurisdictional error – application dismissed.
Sandhu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1509
MIGRATION – application for de novo review of Registrar’s decision to summarily dismiss an application for review of a decision of the Administrative Review Tribunal – where applicants applied for judicial review of a decision of the Administrative Review Tribunal – where the applicant did not have an approved nominator for a visa in the Temporary Residence Transition stream – no reasonable prospect of success – application dismissed
AOG19 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1507
MIGRATION – judicial review – protection visa – adverse credibility findings – procedural fairness – whether Tribunal complied with ss 424A, 424AA and 425 of the Migration Act 1958 (Cth) – country information concerning document fraud and politically motivated violence – whether substance and forensic significance of information conveyed – whether applicant afforded meaningful opportunity to respond – adverse document-verification information conveyed orally – advice that applicant could seek additional time – whether statutory integers required to be conveyed in prescribed sequence – irrationality and illogicality – passport renewed through Bangladeshi authorities in Australia – alleged unwarranted assumption concerning overseas passport-renewal procedures – whether inference had logical and probative foundation – whether inference reasonably open – evident and intelligible justification – no jurisdictional error – application dismissed.
AUX20 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1499
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – applicant claimed to fear harm due to land dispute and political and economic issues in Malaysia –Tribunal found the applicant’s claims were vague and unreliable – Tribunal refused to grant protection visa affirming the decision of the first respondent – no jurisdictional error identified – application dismissed
BSX20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1495
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – where the Tribunal found the applicant’s claims were unsubstantiated – errors in interpretation alleged – insufficient opportunity to present evidence alleged – no jurisdictional error identified – application dismissed
ACW21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1487
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – applicant claimed to fear harm due to expiry of household registration for Taiwan – where the Tribunal found the applicant’s claims were unsubstantiated – Tribunal refused to grant protection visa affirming the decision of the first respondent – where the applicant concedes the Tribunal made no jurisdictional error – no other jurisdictional error identified – application dismissed
EVW25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1475
MIGRATION –application for extension of time for judicial review - decision of Administrative Review Tribunal – protection visa – whether necessary in the interests of the administration of justice - minimal delay -where Tribunal dismissed matter for non-appearance – where applicant was validly notified and the Tribunal sent notification to her private address and telephone number – no arguable prospects of success – application dismissed
ORQ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1501
MIGRATION – Protection (Class XA) (Subclass 866) visa – applicant failed to appear at first directions hearing – Registrar dismissed the application for judicial review for non-appearance – applicant filed interlocutory application seeking orders setting aside the dismissal order – Registrar refused to set aside order – de novo review of Registrar’s decision – whether the Tribunal misapplied ss 368B and 368C of the Migration Act 1958 (Cth) – whether the Tribunal took into account irrelevant considerations in determining whether to reinstate – whether the Tribunal failed to consider relevant considerations in determining whether to reinstate – whether the Tribunal’s decision not to reinstate was legally unreasonable – application for review dismissed.
KBO25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1500
MIGRATION – Protection (Class XA) (Subclass 866) visa – applicant failed to appear at first court date hearing - Registrar dismissed the application for judicial review for non-appearance – applicant filed interlocutory application seeking orders setting aside the dismissal order – Registrar refused to set aside order – de novo review of Registrar’s decision – whether the Tribunal required the applicant’s evidence to be corroborated – whether the Tribunal correctly applied the “real chance” test - whether the Tribunal failed to recognise real risk of significant harm – whether the Tribunal gave inadequate reasons - application for review dismissed
EHT19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1497
MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal was obliged to give the applicant an opportunity to make submissions in relation to the Tribunal’s assessment of the complementary protection guarantees in s 36(2B)(b) of the Migration Act 1958 (Cth) – whether this was a “new “issue” – denial of procedural fairness – jurisdictional error established – writs issued.
Sethi v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1491
MIGRATION — application for judicial review — decision made by Administrative Appeals Tribunal — student visa — where Tribunal found the applicant did not genuinely intend to stay temporarily in Australia — where Tribunal entitled to make a decision without proceeding to hearing — whether the Tribunal failed to consider material evidence — whether the Tribunal was illogical or unreasonable — no jurisdictional error established — application dismissed.
AKK23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1490
MIGRATION — application for judicial review — decision made by the Administrative Appeals Tribunal — Safe Haven Enterprise visas — whether the Tribunal relied on unwarranted assumptions in making credibility findings — whether reliance on unwarranted assumptions amounted to illogicality — jurisdictional error established.
FPT25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1476
MIGRATION – Judicial review application – decision of Administrative Review Tribunal – citizens of Indonesia – whether afforded procedural fairness – reasons for leaving Indonesia – whether four year delay between filing of application and hearing of application by Administrative Review Tribunal procedurally unfair or legally unreasonable – whether invitation to engage in impermissible merits review – whether claims properly understood – whether important aspects of claims not properly taken into account – whether failure to particularise – whether interpreter error – whether jurisdictional error
BMN25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1471
MIGRATION – Judicial review application – decision of Administrative Review Tribunal – affirmation of refusal to grant Protection Visa – citizen of Malaysia – whether any jurisdictional error identifiable in grounds – whether impermissible merits review – whether issue with standard of interpretation – where failure to particularise judicial review application – whether jurisdictional error
Panlyn Australia Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1126
PRACTICE AND PROCEDURE – application for an extension of time under s 477(2) of the Migration Act 1958 (Cth) MIGRATION – applications for judicial review of decisions of the Administrative Appeal Tribunal affirming respective decisions of delegates of the Minister to refuse to approve a nomination under the Temporary Skills Shortage Program and to refuse to grant Temporary Skills Shortage visas – where the Tribunal found that the applicant lost its entitlement to attend a hearing by not responding to an invitation to provide information issued under s 359(2) of the Migration Act 1958 (Cth) – whether the invitation under s 359(2) was invalid – whether the Tribunal made a jurisdictional error in determining the matter without inviting the applicant to attend a hearing pursuant to s 360 of the Migration Act – whether the Tribunal unreasonably failed to exercise its information gathering powers – whether the Tribunal decision is vitiated by fraud by the applicant’s migration agent – whether the Tribunal denied the applicant procedural fairness or constructively failed to exercise its jurisdiction – no jurisdictional error – applications dismissed.
KUQ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1478
MIGRATION – application for review of Registrar decision – where applicant failed to appear at first Court hearing – where Registrar dismissed application for reinstatement – de novo review of Registrar decision – conflicting and unsatisfactory reasons for non-appearance – judicial review application lacking in merit including because applicant disclaimed reliance on protection claims made in visa application – review application dismissed with costs.
BZX20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1474
MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal – affirmation of Delegate’s refusal of Protection (subclass 866) visa –whether Tribunal denied the Applicant procedural fairness – whether the Tribunal failed to consider relevant information – no jurisdictional error established – application dismissed.
FFK18 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1463
MIGRATION – Whether Immigration Assessment Authority ignored, overlooked or misunderstood relevant material – whether definition of serious harm was misapplied – whether constructive failure to exercise its jurisdiction or properly assess the reasonably foreseeable future.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1462
MIGRATION – Whether visa application vitiated by third party fraud – S&S Migration.
DRJ21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1456
MIGRATION – judicial review – protection visa – applicant diagnosed with major depressive disorder, anxiety disorder and obsessive compulsive disorder – psychiatric and psychological evidence provided to Tribunal in connection with participation in hearing, memory and credibility – whether claim of serious or significant harm in Iraq by reason of mental illness arose squarely from material – whether mental health constituted an integer of applicant’s broader claims as a woman returning to Iraq – country information concerning mental health services, societal stigma, discrimination and risks of violence or sexual abuse affecting women with mental health issues – represented applicant – representative invited to identify all claims made and maintained – no mental-health-based protection claim articulated – distinction between evidence of a medical condition and personal protection claim founded upon that condition – whether identification of alleged claim required Tribunal to construct missing personal and factual connection – claim did not arise squarely – no jurisdictional error – application dismissed with costs – personal costs order against applicants’ counsel.
BST20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1455
MIGRATION – extension of time – 91 days out of time – protection visa – inadequate explanation for delay – no reasonably arguable case for jurisdictional error established – application dismissed with costs.
Khan v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1441
MIGRATION – application for judicial review – decision of the Administrative Appeals Tribunal – Student (Temporary) (class TU) Student (subclass 500) visa – where the first applicant claims the Tribunal’s decision not to adjourn the review to allow for time to obtain a Certificate of Enrolment was legally unreasonable – where the first applicant was put on notice to provide the Tribunal with sufficient evidence – application dismissed with costs.
Yu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1424
MIGRATION – Whether finding that applicant did not intend to stay in Australia temporarily was illogical.
Brar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1373
MIGRATION – Student (Temporary) (Class TU) (Subclass 573) visa – Application for judicial review – Visa cancellation for breach of visa condition – Whether Tribunal failed to consider applicant’s evidence and circumstances – No jurisdictional error found – Application for review dismissed – Costs ordered.
BLG24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1467
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming the decision not to grant the applicant a protection visa – whether the Tribunal misunderstood or misapplied s 423A of the Migration Act 1958 (Cth) – whether the Tribunal failed to complete its statutory task in relation to complementary protection – no jurisdictional error – application dismissed.
NUE25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1454
MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant protection visas – inconsistent information in country information items or sources – whether Tribunal required to explain why it preferred one country information item or source over the other – whether Tribunal’s failure to address inconsistency was irrational or legally unreasonable – no jurisdictional error – application dismissed.
CTN24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1447
MIGRATION – protection visa – application for review of a Registrar’s decision – decision of the Administrative Appeals Tribunal to dismiss the applicant’s merits review application for non-appearance – where applicant’s proposed grounds of review misapprehend the basis for the Tribunal dismissal decision – where no evidence that applicant sought an adjournment of the Tribunal hearing – where no explanation for his non-appearance offered – where decision to proceed under s 426A(1A)(b) of the Migration Act 1958 not unreasonable – where preconditions to exercise of s 426A(1A)(b) satisfied – where subsequent decision to confirm the dismissal decision incontrovertible – review application dismissed – costs order made.
Ishaq v Minister for Immigration and Citizenship [2026] FedCFamC2G 1442
MIGRATION – application for judicial review – decision of the Administrative Appeals Tribunal as it then was – Temporary Student (Class TU) (Subclass 500) visa – where the applicant claims that the Tribunal erred in its application of clause 500.212 of the Migration Regulations 1994 (Cth) – where grounds are not made out – application dismissed with costs.
Kharel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1464
MIGRATION – student visa – whether the then Administrative Appeals Tribunal erred in dismissing the application for review by reason of non-appearance at hearing or was obliged to determine the substantive application having requested and been provided information under s.359 of the Migration Act 1958 (Cth) – no jurisdictional error made out – application dismissed with costs.
Kaur v Minister for Immigration and Citizenship [2026] FedCFamC2G 1451
MIGRATION – Partner Migrant (Class BC) (Subclass 100) visa – Application for judicial review of decision of Administrative Appeals Tribunal – Delegation of statutory duty to review – Expert report on non-judicially determined family violence – Failure to consider applicant’s evidence and claims – Obligation to provide documents to an independent expert – Jurisdictional error found – Application for judicial review allowed.
BXO19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1449
MIGRATION – Refusal of Protection (Class XA) (Subclass 866) visa – Application for extension of time to apply for judicial review – Application filed 693 days out of time – Claim that application for visa was procured by fraud – Whether applicant was participant in or recklessly indifferent to fraud – Lack of evidence to substantiate allegations of fraud – Explanation for delay not credible – Consideration of merits and interests of administration of justice – Application for extension of time refused – Costs ordered.
Sidhu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1342
MIGRATION – Student (Temporary) (Class TU) (Subclass 500) visa – Application for judicial review of a decision of the Administrative Appeals Tribunal – Alleged illogical or irrational reasoning and procedural unfairness – No jurisdictional error found – Application dismissed.
CHN26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1445
MIGRATION – Review of Registrar’s decision – application to set aside dismissal for non-appearance – review de novo – technical difficulties alleged – no satisfactory explanation – no prejudice to the First Respondent – underlying Judicial Review application without reasonable prospects – application dismissed with costs
ETN24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1433
MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming decisions not to grant the applicants protection visas – whether the Tribunal failed to complete its statutory task with respect to complementary protection – whether the Tribunal misapplied the complementary protection criterion – whether the Tribunal failed to give proper, genuine and realistic consideration to the relevant evidence before it – whether the Tribunal made unreasonable findings in relation to relocation – whether the Tribunal denied the applicants procedural fairness – whether the Tribunal misapplied the reasonable satisfaction standard in assessing the applicants’ claims and evidence – jurisdictional error established – writs issued.
CJR20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1423
MIGRATION – Judicial Review – Protection (Class XA) (Subclass 866) visa – application for extension of time – 860 day delay in filing the application for judicial review –whether the Administrative Appeals Tribunal failed to provide the applicant with the opportunity to comment on or respond to adverse information – whether the Tribunal breached ss 424A or 424AA by failing to invite the applicant to comment on or respond to adverse information – whether the Tribunal failed to consider a claim – whether the Tribunal failed to consider the applicant’s political activities under the complementary protection application – no reasonably arguable grounds for judicial review raised – extension of time application refused.
CYW19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1420
MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – no point of principle – application dismissed
FAM24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1419
MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether the Tribunal failed to consider relevant information – whether the Tribunal failed to consider a real risk of harm – whether the Tribunal made an erroneous conclusion – whether the Tribunal failed to properly construe the law – no jurisdictional error established – application dismissed.
IRJ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1418
MIGRATION – judicial review – decisions of Administrative Appeals Tribunal dismissing application for non-appearance and confirming dismissal decision – no point of principle – application dismissed.
ABT23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1413
MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant protection visa – whether Tribunal misapplied real chance test – whether Tribunal relied on country information not disclosed to applicant – whether Tribunal made irrational finding – whether Tribunal erred in finding that any real chance of persecution faced by the applicant did not relate to all areas of India – application dismissed.
EQN20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1399
MIGRATION – judicial review – decision of Administrative Appeals Tribunal that it had no jurisdiction to consider review application because application made or given to Tribunal outside prescribed period – whether letter notifying applicant of delegate’s decision stated with sufficient clarity time in which application for review to Tribunal may be made – whether evidence from applicant as to whether they were confused by notification letter is admissible – application dismissed.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1579
MIGRATION – Application for interlocutory injunction to prevent removal from Australia – relevant considerations.
Asamoah v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1422
MIGRATION – Costs judgment – Applicants’ judicial review application successful – First Respondent’s costs thrown away – multiple amendments to the Applicants’ originating application – adjourned hearing – additional costs incurred by First Respondent – whether it was reasonable for the First Respondent to brief counsel – lump sum costs awarded to the Applicants – Applicants’ costs set-off
Afzal & Minister for Immigration and Citizenship [2026] FedCFamC2G 1412
MIGRATION – judicial review of decision of Administrative Appeals Tribunal to affirm decision to refuse visa application –Regional Employer Nomination visa –where no approved nomination in place – whether decision harsh or unjust – whether the applicants were not afforded procedural fairness – futility of remittal - application dismissed.
FMV24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1411
MIGRATION – application for review of decision of a Registrar to summarily dismiss matter– hearing de novo of the first respondent’s application for summary judgment – where the applicant applied for judicial review of decision of the Administrative Appeals Tribunal – protection visa – where applicant failed to appear at hearing and the Tribunal dismissed the matter – whether Tribunal should have considered the substantive matter - no reasonable prospects of success – application dismissed.
CWI21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1410
MIGRATION – judicial review – protection visa – Tribunal discretion under s 426(3) of the Migration Act 1958 (Cth) – applicant requested Tribunal obtain oral evidence from his brother – same Tribunal Member heard brother’s review immediately before applicant’s review – witness available to give evidence – no explanation given for declining to obtain evidence – legal unreasonableness – whether evident and intelligible justification discernible from the record – materiality – jurisdictional error established – writs issued. EVIDENCE – relevance – s 55 of the Evidence Act 1995 (Cth) – admissibility of Tribunal decision in separate review involving applicant’s brother – relevance to exercise of procedural discretion – limited use of findings in separate proceeding – admissible for limited purpose.
Asamoah v Minister for Immigration and Citizenship [2026] FedCFamC2G 1408
MIGRATION – Judicial review – Partner (Migrant) (Class BC) (subclass 100) visas – Public Interest Criterion 4020 – bogus documents – waiver – secondary applicants – consequential refusal – circumstances affecting interests of Australian citizen – whether Administrative Appeals Tribunal (Tribunal) misconstrued PIC 4020(4) – failure to engage with evidence – materiality – jurisdictional error – writs issued.
DKA19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1407
MIGRATION – application for an extension of time – decision of the Administrative Appeals Tribunal affirming decision to refuse the applicant a protection visa – where delay is not adequately explained – where proposed grounds of review are without merit – not necessary in the interests of the administration of justice to extend time – application refused with costs.
CVX23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1406
MIGRATION – Protection visa – decision of the Administrative Appeals Tribunal – whether the Tribunal failed to perform its duty of review – whether the Tribunal failed to apply an active intellectual process – treatment of a document – where the Tribunal failed to consider or failed to intellectually engage with that document – jurisdictional error established – writs issued.
GFQ25 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1488
MIGRATION – Protection visa – Judicial Review of the Tribunal’s decision – where no jurisdictional error is established – application dismissed.
Kovoor v Minister for Immigration and Citizenship [2026] FedCFamC2G 1448
MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – there being no appearance for or on behalf of the applicants at the hearing of the application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
BIQ20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1417
MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – whether Tribunal denied applicant procedural fairness – no jurisdictional error – application dismissed with costs.
Viveck KC v Minister for Immigration and Citizenship [2026] FedCFamC2G 1416
MIGRATION – application for extension of time to review decision of the Administrative Appeals Tribunal – where applicant failed to appear at hearing before the Tribunal – where Tribunal exercised discretion under s 362B(1A)(a) of the Migration Act 1958 (Cth) to make a decision on the review without taking any further action to allow or enable the applicant to appear before it – where Tribunal found that the applicant was not a member of the family unit of the primary visa applicant as required by cl 485.311 of Sch 2 of the Migration Regulations 1994 (Cth) – where application for judicial review made 4 days late – where no reasonable prospects of success – application for extension of time dismissed with costs.
Neira v Minister for Immigration and Citizenship [2026] FedCFamC2G 1414
MIGRATION – application for judicial review of a decision by the then Administrative Appeals Tribunal affirming a decision not to grant a student (temporary) (class TU) (subclass 500) visa – where applicant claimed application form subject of a fraud by then education agent – whether Tribunal decision affected by legal unreasonableness, failure to take into account relevant considerations, consideration of irrelevant considerations and/or apprehended bias – dismissed with costs.
Asif v Minister for Immigration and Citizenship [2026] FedCFamC2G 1402
MIGRATION – Application for Judicial Review – Student (Class TU) (subclass 500) visa – genuine temporary entrant criterion – whether Administrative Review Tribunal (Tribunal) misapplied cl 500.212(a) of Schedule 2 to the Migration Regulations 1994 (Cth) – meaning of “temporarily” – prolonged residence on successive temporary visas – study progression – employment history – value of proposed course – Tribunal’s evaluative assessment – alleged illogicality or irrationality – whether reasons disclosed evident and intelligible justification – no jurisdictional error – application dismissed with costs PRACTICE AND PROCEDURE – Self-represented litigant – written submissions filed contrary to procedural orders – submissions prepared with generative artificial intelligence – Applicant unable to explain or substantiate submissions at hearing – risks of hallucinated authorities and propositions – additional burden imposed on the First Respondent and Court – costs – consideration of above scale costs
ARO21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1395
MIGRATION – Judicial Review – Temporary Protection (Class XD) (Subclass 785) visa – whether the Immigration Assessment Authority failed to deal with or give proper, genuine and realistic consideration to material evidence sought to be relied upon by the applicant – whether the IAA irrationally or legally unreasonably rejected material evidence – no jurisdictional error disclosed – application dismissed.
KTR24 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1711
MIGRATION – Protection visa – Review of ART decision – whether there is jurisdictional error – failure to consider applicant’s submissions – writs issued.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1431
MIGRATION – application for judicial review of decision of the Administrative Review Tribunal – there being no appearance for or on behalf of the applicant at the hearing of the application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1430
MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – there being no appearance for or on behalf of the applicant at the hearing of the application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)
DEA20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1398
MIGRATION – Judicial Review – Protection (Class XA) (Subclass 866) Visa – whether the Administrative Appeals Tribunal considered all of the applicant’s claims – whether the Tribunal considered the applicant’s evidence in support of his claims – whether the Tribunal failed to consider whether the applicant was part of a particular social group – no jurisdictional error disclosed – application dismissed.
BHI24 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1391
MIGRATION – where first respondent conceded that the Tribunal had fallen into error – where such error was material and jurisdictional in nature – application for review granted.
Mizikovsky v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1390
MIGRATION LAW – whether the Tribunal properly conducted a hearing – whether the Tribunal misconstrued a regulation – whether the Tribunal acted unreasonably – no jurisdictional error established – application dismissed.
DRP19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1384
MIGRATION LAW – protection visa – where applicant sought a protection visa to earn money in Australia and provide for family overseas – applicant sought to pursue IVF for his wife in Australia – where tribunal was not satisfied the claims met the statutory requirements – impermissible merits review – no jurisdictional error established – application dismissed
MDM25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1383
MIGRATION LAW – registrar review application – application out of time – where registrar summarily dismissed the applicant’s judicial review application – where applicant applied for a protection visa – applicant failed to attend the tribunal hearing – tribunal dismissed the hearing for failure to appear – no reasonable prospects of success – no explanation for delay – application dismissed
HSH24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1392
MIGRATION – application for judicial review of a decision made by the Administrative Appeals Tribunal – whether the Tribunal failed to properly consider the applicant’s claims and evidence – whether the Tribunal made unreasonable adverse credibility findings – whether the Tribunal failed to cumulatively consider the applicant’s claims – whether the Tribunal misapplied the complementary protection criterion – whether the Tribunal failed to otherwise conduct a lawful review – no jurisdictional error – application dismissed.
Hack v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1389
MIGRATION—Where the applicant made an oral application to discontinue proceedings—where the applicant fails to prosecute proceedings —where an application for judicial review of a Minister’s decision under s 116(1)(g) of the Migration Act is dismissed—costs ordered in favour of the Minister to scale
Zhang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1382
MIGRATION – application for an injunction to restrain the Minister from removing the applicant from Australia – whether applicant was provided a meaningful opportunity to respond – whether visa cancellation process was affected by inadequate interpretation – no serious issue to be tried – balance of convenience favours removal – application dismissed.
Chen v Minister for Immigration and Citizenship [2026] FedCFamC2G 1381
MIGRATION – application for an injunction to restrain the Minister from removing the applicant from Australia – whether applicant was provided a meaningful opportunity to respond – whether visa cancellation process was affected by inadequate interpretation – no serious issue to be tried – balance of convenience favours removal – application dismissed.
Cam v Minister for Immigration and Citizenship [2026] FedCFamC2G 1379
MIGRATION – application for the review of a Registrar's decision – Registrar ordered summary judgment against Applicant – application for review of decision of Administrative Review Tribunal – Tribunal affirmed decision of Minister for Home Affair’s delegate to refuse the Applicant a Temporary Skill Shortage (Subclass 482) visa – where Applicant not subject to an approved nomination – where no reasonable prospect of success – where remittal to Tribunal would be futile – application dismissed – Registrar’s orders confirmed
DPL24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1378
MIGRATION – protection visa – application for judicial review of decision of the Administrative Appeals Tribunal – whether the Tribunal erred by failing to make an obvious enquiry about a critical fact, the existence of which is easily ascertained – whether the Tribunal’s failure to obtain evidence from the applicant’s wife gave rise to a constructive failure to exercise jurisdiction, a denial of procedural fairness, or legal unreasonableness – whether the Tribunal failed to consider a claim that the applicant feared harm by reason of his membership of a particular social group comprising debtors or debtors of loan sharks – no jurisdictional error – application dismissed with costs
FCP19 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1377
MIGRATION – application for judicial review – Protection (Class XA) (Subclass 866) visa – where Administrative Appeals Tribunal affirmed the decision of first respondent not to grant the applicant the visa – where the applicant made an oral application for an adjournment of the day of the hearing – consideration of principles governing adjournment requests – adjournment application refused – whether the Tribunal failed to consider evidence – whether the Tribunal afforded the applicant procedural fairness – found no jurisdictional error – application dismissed.
Janka v Minister for Immigration and Citizenship [2026] FedCFamC2G 1372
MIGRATION – extension of time application – applicant filed 31 days out of time – where the parties consented to the grant of an extension of time – satisfied that granting an extension of time is in the interests of justice – Child (Migrant) (Class AH) visa – where Administrative Review Tribunal affirmed the decision of the first respondent to refuse the visa – where Tribunal found the applicant did not satisfy cl 101.213(1)(c) of the Migration Regulations 1994 (Cth) – whether the Tribunal misapplied or misconstrued cl 101.213(1)(c) – found the Tribunal did not misapply cl 101.213(1)(c) – whether the Tribunal failed to consider pre and post hearing submissions of the applicant – found the Tribunal considered the submissions – found no jurisdiction error – application dismissed.
AOZ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1369
MIGRATION – application for review of a Registrar’s decision – hearing de novo of first respondent’s application for summary judgment – where the applicant applied for judicial review of decision of the Administrative Review Tribunal – Protection (Class XA) (Subclass 866) visa – where Registrar summarily dismissed the applicant’s application for judicial review – where application for review of Registrar’s decision filed seven days out of time – where Tribunal dismissed application for non-appearance – where grounds entirely unparticularised – found grounds of review have no reasonable prospect of success – found not in the interests of justice to extend time – application dismissed.
AFP20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1362
MIGRATION – Citizen of Pakistan unsuccessfully applied for protection visa – Tribunal rejected applicant’s claims finding he was not a witness of truth and made a series of key adverse findings – applicant had always relied upon corroboration by contemporaneous complaints he made to a local police officer – at second Tribunal hearing (the first Tribunal decision had been quashed) the applicant put forward a supportive letter and identification documents from that police officer – Tribunal rejected that evidence in brief terms – consideration of relevant legal tests for challenging corroborative evidence when applicant is subject of adverse credibility findings – Tribunal failed to give proper consideration to that evidence which was capable of affecting credibility finding against the applicant – jurisdictional error established – constitutional writs issued
CGZ20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1552
MIGRATION – protection visa – application for judicial review of decision of Administrative Appeals Tribunal to grant visa – generic grounds of review relied upon – no particularisation – where reasons disclose no jurisdictional error – application dismissed
HVE26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1387
MIGRATION — application for an extension of time — application for injunction restraining removal of applicant from Australia pursuant to s 198 of the Migration Act 1958 (Cth) — applicant seeking to pursue judicial review application — decision of the Administrative Review Tribunal to uphold refusal of bridging visa — consideration of merits of the underlying application and whether there is a serious question to be tried — consideration of balance of convenience — application for an extension of time refused — application for interlocutory injunction dismissed.
EOF19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1343
MIGRATION – Protection (Class XA) (Subclass 866) visa – Application for judicial review of a decision of the Administrative Appeals Tribunal – Tribunal dismissal for non-appearance at hearing – Misconceived and template grounds of review – No procedural unfairness found – Application for review dismissed with costs.
BAU23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1434
MIGRATION – application for extension of time for judicial review of decision of the Administrative Appeals Tribunal – there being no appearance for or on behalf of the applicant at the hearing of the application – application dismissed pursuant to r 22.04(1)(a)(i) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)
Doan v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1274
MIGRATION – costs – application for above scale costs – where above scale costs warranted due to the complexity of the matter, the extent of the material and the nature of the Tribunal’s decision – fixed costs order made
AMV23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 902
MIGRATION – judicial review of decision of Administrative Appeals Tribunal – protection visa – whether the decision was legally unreasonable or irrational – whether the Tribunal failed to consider the integer of a claim – whether the Tribunal failed to source further information – whether procedural fairness afforded – weight to be given to evidence - no jurisdictional error established – application dismissed
Yu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1589
MIGRATION – Where grounds expressly directed to primary decision – whether time in which to provide additional documents to Tribunal was unfair or unreasonable
Mohammed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1460
MIGRATION – review of Administrative Appeals Tribunal decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed.
JTA25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1457
MIGRATION – Protection visa – Judicial Review of the Tribunal’s decision – whether the Tribunal committed an error of law and/or engaged in a legally unreasonable process of reasoning – application dismissed.
ACI22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1540
MIGRATION – Whether applicant given sufficient time to submit evidence – whether procedural unfairness occasioned by rescheduling of Tribunal hearing
Osorio v Minister for Immigration and Citizenship [2026] FedCFamC2G 1472
MIGRATION – Whether applicant denied procedural fairness by not having sufficient time to collect documentation – merits review
APN22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1426
MIGRATION – Whether error in Tribunal proceeding to determine application when applicant declined to attend hearing – whether attendance was due to illness.
Saleem v Minister for Immigration and Citizenship [2026] FedCFamC2G 1543
MIGRATION – Whether applicant denied procedural fairness in relation to s 375A non-disclosure certificate – whether reliance on information the subject of certificate was unreasonable – bias.
Singh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1716
MIGRATION – Failure to attend final hearing
Saini v Minister for Immigration and Citizenship [2026] FedCFamC2G 787
MIGRATION – Application for review – where no jurisdictional error is found – Habeus Corpus application – where continuing detention of the applicant is not unlawful – applications dismissed.
Federal Court of Australia 136
NKHH v Minister for Immigration and Citizenship [2026] FCA 1422
MIGRATION – where delegate of respondent cancelled applicant’s visa under s 501(3A) of the Migration Act 1958 (Cth) – where Administrative Review Tribunal (Tribunal) affirmed delegate’s decision – where applicant sought an extension of time to seek judicial review of the Tribunal’s decision – extension granted - whether Tribunal erred in its consideration of the legal consequences of decision made under s 501CA as required by paragraph 9.1 of Direction no 110 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA – error established
ALT18 v Minister for Immigration and Citizenship [2026] FCA 1421
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) alleging legal unreasonableness – where appellant challenged adverse credibility findings in context of alleged domestic violence – where appellant challenged decision of primary judge relating to knowledge of matters concerning domestic violence to be taken on judicial notice under s 144(1) of the Evidence Act 1995 (Cth) – no error established – appeal dismissed.
Reid v Minister for Immigration and Citizenship [2026] FCA 1417
MIGRATION - orders sought to dismiss application for judicial review under s 20 of the Federal Court of Australia Act 1976 (Cth) and r 30.21 of the Federal Court Rules 2011 (Cth) or, alternatively, r 5.23 of the Federal Court Rules - orders granted to dismiss application under r 5.23 of the Federal Court Rules
CRI23 v Minister for Immigration and Citizenship [2026] FCA 1386
MIGRATION – application for an extension of time in which to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – where the Administrative Appeals Tribunal affirmed a decision of the Minister not to grant protection visas to the appellants – whether the appeal has sufficient merit to justify granting an extension of time – the appellants have not raised any appealable ground of jurisdictional error – the extension of time is refused
Sciascia v Minister for Immigration and Citizenship [2026] FCA 1385
MIGRATION – application for judicial review of a decision of the Assistant Minister for Immigration (the “Assistant Minister”) – where the Administrative Review Tribunal (the “Tribunal”) had revoked a cancellation of the applicant’s visa – where the Assistant Minister set aside the Tribunal’s decision and cancelled the visa under s 501BA of the Migration Act 1958 (Cth) – whether the content of the reasons, and the circumstances surrounding the decision, support an inference that the Assistant Minister constructively failed to exercise his jurisdiction – where the Assistant Minister did not invite further representations – where, in considering the risk that the applicant posed to the community and the progress of his rehabilitation, the Assistant Minister made a finding as to the significance of the period that the applicant had spent in the community – whether that finding lacked evidence or was irrational or was infected by an unreasonable failure to seek information – whether the s 501BA power is subject to the natural justice “bias rule” – whether the Assistant Minister’s decision was affected by actionable apprehended bias – relevance, to the grounds of review, of the Assistant Minister’s prior decision to cancel the visa under s 501BA, which had been quashed by reason of jurisdictional error – application dismissed
IEG25 v Minister for Immigration and Citizenship [2026] FCA 1400
MIGRATION – where urgent application made for an injunction to restrain removal – where previous attempt to deport applicant was aborted – where applicant currently detained – whether arguable that ‘reasonable practicability’ of removal is a jurisdictional fact in s 198 of the Migration Act 1958 – whether arguable that removal was not reasonably practicable on medical grounds
EFT24 v Minister for Immigration and Citizenship [2026] FCA 1395
MIGRATION – urgent application for interlocutory injunction restraining Applicant's removal from Australia – where applicant is unlawful non-citizen and scheduled for removal imminently – where applicant has application for special leave to appeal to High Court on foot concerning refusal of protection visa – where applicant has made request to the Minister to exercise power under s 48B to allow applicant to make new application for protection visa – where Minister has not responded to applicant's request – where evidence that Minister's Department has been unable to locate any record of the request – consideration of Ministerial Instructions of 4 September 2025 – consideration of Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; (2023) 279 CLR 1, GMS24 v Commonwealth [2025] FCAFC 170; (2025) 313 FCR 152 and s 197E of the Migration Act 1958 (Cth) – held that serious case to be tried as to whether Department officials have exceeded their executive power – balance of convenience in favour of granting injunction – application allowed
Kaur v Minister for Immigration and Citizenship [2026] FCA 1379
MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) – where Administrative Appeals Tribunal (Tribunal) affirmed decision of a delegate of the Minister refusing to grant a Student (Temporary) Class TU (Subclass 500) visa – where certain grounds raised do not assert any jurisdictional error or are in the nature of a request for merits review – whether the Tribunal or Federal Circuit Court denied the appellant procedural fairness – appeal dismissed
CCU21 v Minister for Immigration and Citizenship [2026] FCA 1351
MIGRATION – application for an extension of time under s 477A(2) of the Migration Act 1958 (Cth) in which to seek judicial review of a decision of the Minister not to revoke the cancellation of the applicant’s Safe Haven Enterprise Visa under s 501C(4) – where delay of 987 days – where part of the delay occupied by an unsuccessful application to the Full Court for a writ of peremptory mandamus – whether extension “necessary in the interests of the administration of justice” – consideration of the merits of the proposed grounds of review – whether the character test under s 501(6)(c) requires assessment of risk the person may pose to the Australian community in the future – no reasonable explanation for a significant part of the delay provided – proposed grounds have moderate to poor prospects – application dismissed
EEV18 v Minister for Immigration and Multicultural Affairs [2026] FCA 1348
MIGRATION – appeal from orders made by the Federal Circuit and Family Court of Australia dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal – whether the primary judge was correct to find that the decision of the Tribunal was not affected by jurisdictional error – where the appellant was invited under s 425 of the Migration Act 1958 (Cth) to appear before the Tribunal but did not appear at the scheduled time – whether the exercise of the discretion conferred by s 426A(1A)(a) of the Migration Act 1958 (Cth), to make a decision on the review without taking further action to enable the appellant to appear, was legally unreasonable – where one of the three reasons relied upon by the Tribunal to exercise its discretion was not a relevant consideration – where another of the reasons had no foundation – appeal allowed
Garratt v Assistant Minister for Immigration and Multicultural Affairs [2026] FCA 1340
MIGRATION – application for review of decision of the Assistant Minister under s 501BA of the Migration Act 1958 (Cth) to set aside earlier decision of the then-Administrative Appeals Tribunal – whether Assistant Minister’s assessment of the Applicant’s risk of reoffending was legally unreasonable or illogical – ground 2 dismissed – determination of ground 1 stayed pending determination of M 86 of 2026 XMBQ v Minister for Immigration and Citizenship
Hancy v Minister for Immigration and Citizenship [2026] FCA 1195
MIGRATION – Application for review under s 476A of the Migration Act 1958 (Cth) – Where the Applicant’s visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – Where the Tribunal found there was not “another reason” why the cancellation should be revoked – Whether the Tribunal failed to put the Applicant on notice or failed to provide the Applicant an opportunity to respond to adverse matters – Applicant squarely on notice of the critical issues and factors on which the decision was to turn – No denial of procedural fairness – Where the Applicant claims illogicality or irrationality in the Tribunal’s reasoning – Errors not connected to the reasoning process engaged in by the Tribunal – Errors did not form critical findings with respect to the state of satisfaction formed by the Tribunal – Errors able to be intelligibly justified – No jurisdictional error – Application dismissed.
Kaur v Minister for Immigration and Citizenship [2026] FCA 1339
MIGRATION – appeal from Federal Circuit and Family Court of Australia – medical treatment visa – where Tribunal found that the appellant did not satisfy cl 602.215 of Sch 2 to the Migration Regulations 1994 (Cth) – where primary judge dismissed application for judicial review – whether any error shown in judgment of the primary judge – appeal dismissed
EIC20 v Minister for Immigration and Citizenship [2026] FCA 1338
MIGRATION – protection visa – appeal from Federal Circuit and Family Court of Australia – whether Tribunal decision affected by jurisdictional error – whether Tribunal failed to lawfully consider representations made by the appellant’s mother and brother – whether Tribunal made illogical or irrational findings about their evidence – appeal dismissed
Mukhtar v Minister for Immigration and Citizenship [2026] FCA 1337
MIGRATION – judicial review – personal decision of Minister to cancel visa under s 501A(2) of the Migration Act 1958 (Cth) – procedural fairness – Minister considered cost or burden to community in terms of law enforcement when assessing seriousness of offending – obvious and natural evaluation of disclosed material – no denial of procedural fairness. MIGRATION – legal unreasonableness – applicant not detained during periods before and after cancellation – operation of s 189(1) – whether periods of non-detention inconsistent with Minister’s assessment of risk to the community – no evidence when an officer, or Minister on assumed construction of ss 5(3) and 5(4), formed prescribed state of mind – post-decision events – decision not legally unreasonable. MIGRATION – constructive failure to exercise jurisdiction – procedural fairness – alleged false premise that applicant would be detained promptly – assumption neither expressed in nor necessary to Minister’s reasoning –possible delay in detention not a matter required to be disclosed – no denial of procedural fairness. MIGRATION – construction of s 501A(2) – alleged implied temporal limitation – Court bound by Full Court authority – request for hypothetical finding concerning delay declined. Held: application dismissed.
AAS18 v Minister for Immigration and Citizenship [2026] FCA 1331
MIGRATION – application for extension of time to appeal from decision of then Federal Circuit Court of Australia dismissing application for judicial review of decision of then Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate of Minister for Immigration and Citizenship not to grant applicant a Protection (Class XA) (subclass 866) visa – where exceptional delay of 968 days in applying for extension of time to appeal – where explanation for delay not persuasive – where proposed appeal grounds lack sufficient merit to justify extension – application dismissed
Lafrenais v Minister for Immigration and Citizenship [2026] FCA 1290
MIGRATION – judicial review of decision of Administrative Review Tribunal not to revoke cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – whether Tribunal failed to consider applicant’s representations concerning the application of the “tolerance principle” set out in Ministerial Direction No. 110 – whether Tribunal denied applicant procedural fairness in noting that the sale of joint property could assist securing accommodation if applicant removed from Australia – whether Tribunal misunderstood applicant’s evidence concerning re-registration as optometrist – error established in one respect – application granted
AJQ24 v Commonwealth of Australia (No 2) [2026] FCA 1323
MIGRATION – extension of interim injunction – where applicant has existing proceeding on foot seeking damages for past false imprisonment and assault – where respondent claims applicant’s Bridging R visa ceased to be in effect due to his receiving notice under s 76AAA of Migration Act 1959 (Cth) – where officers of respondent have detained applicant and propose to remove him from Australia to Naoero – whether interim injunction restraining applicant’s removal from Australia should be extended or discharged – whether there is serious question to be tried in respect of applicant’s status as unlawful non‑citizen and/or unlawfulness of his proposed removal to Naoero – whether removal to Naoero necessary to protect integrity of Court’s processes in respect of existing proceeding – interim injunction to be discharged, after sufficient time for applicant to seek leave to appeal or other relief
EUE20 v Minister for Immigration and Citizenship [2026] FCA 1312
MIGRATION - appeal from decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the Minister for Immigration not to revoke the cancellation of visa - where the Tribunal refused to grant an extension of time in which to provide a psychologist's report - appeal dismissed
SZVDF v Minister for Immigration and Citizenship [2026] FCA 1287
MIGRATION – protection visa – appeal from dismissal of judicial review application – whether appellant denied procedural fairness by not having a copy of the Court Book at the hearing – whether primary judge failed to identify legal substance of grounds advanced – whether Tribunal unreasonably concluded that protection claims were fabricated – no jurisdictional error – appeal dismissed
GQHJ v Minister for Immigration and Citizenship [2026] FCA 1305
MIGRATION – judicial review– where Administrative Appeals Tribunal affirmed decision under review not to revoke under s 501CA(4) of the Migration Act 1958 (Cth) the mandatory cancellation of the applicant’s visa – whether Tribunal failed to consider a submission of substance – whether Tribunal misapplied Direction 110 contrary to BNY23 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2025] FCAFC 14; 307 FCR 150 – whether Tribunal made illogical findings as to seriousness of the applicant’s criminal conduct – whether unreasonable or illogical for Tribunal to find the applicant’s offending demonstrated a trend of increasing seriousness – whether Tribunal erred in its consideration of the best interests of minor children affected by decision – whether Tribunal should have considered the differing interests of applicant’s minor cousins – Tribunal decision quashed
Kunwar v Minister for Immigration and Citizenship [2026] FCA 1289
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant the appellant a student visa – Tribunal found that Appellant had not provided any evidence of genuine access to funds – Appellant legally unrepresented on appeal – Appellant’s grounds of appeal do not raise any arguable jurisdictional error by Tribunal – no other self-evident error – appeal dismissed
AZL19 v Minister for Immigration and Citizenship [2026] FCA 1284
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review – Administrative Appeals Tribunal affirmed decision of a delegate of the Minister not to grant the appellants Protection (Class XA) (Subclass 866) visas – where claim that Tribunal’s findings regarding the first appellant’s religious practice involved unwarranted assumptions and illogical reasoning – appeal dismissed
Sultana v Minister for Immigration and Citizenship [2026] FCA 1283
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant the appellant a student visa – Tribunal found that First Appellant was not a genuine temporary entrant – Appellants legally unrepresented on appeal – whether Tribunal’s decision was illogical or irrational – appeal dismissed
FTK24 v Minister for Immigration and Citizenship [2026] FCA 1281
MIGRATION – appeal from decision of single judge of Federal Circuit and Family Court of Australia (Division 2) dismissing judicial review of decision of Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate of Minister for Immigration and Citizenship not to grant Protection (Class XA) (subclass 866) visa to appellants – where Tribunal accepted appellants engaged in Falun Gong related activities in Australia but found appellants not genuine Falun Gong practitioners – where adverse credit findings of Tribunal unchallenged – whether decision of Tribunal legally unreasonable – whether decision of Tribunal depended on assumption with no evidentiary foundation – where that assumption not part of dispositive reasoning of Tribunal so could not impugn reasonableness of Tribunal’s decision – appeal dismissed
VZSJ v Minister for Immigration and Multicultural Affairs [2026] FCA 1280
MIGRATION – application for judicial review of a decision not to revoke cancellation of visa – where visa was mandatorily cancelled by Minister for Immigration and Multicultural Affairs pursuant to s 501(3A) of Migration Act 1958 (Cth) – where applicant had a substantial criminal record and subsequently failed the character test in s 501(6)(a) of Migration Act – where applicant made representations to the Minister regarding revocation of the decision to cancel visa – where a delegate of the Minister decided to not revoke the cancellation – application to the then Administrative Appeals Tribunal for review of delegate’s decision – where Administrative Appeals Tribunal twice affirmed the delegate’s decision – where decisions by the Administrative Appeals Tribunal were found to have involved jurisdictional error by the Federal Court of Australia and was remitted to the Administrative Review Tribunal – where Administrative Review Tribunal further affirmed delegate’s decision not to revoke visa cancellation ADMINISTRATIVE LAW – application to the Federal Court of Australia for judicial review of a decision by the Administrative Review Tribunal – where Tribunal affirmed a decision not to revoke cancellation of a visa under s 501(3A) of Migration Act 1958 (Cth) – where applicant alleged Tribunal’s decision was vitiated by jurisdictional error on the grounds of illogical reasoning or failure to consider applicant’s case in its entirety – where applicant challenged the facts upon which he was convicted of family violence offences by a sentencing court – where applicant bore heavy onus of showing that facts relied on by the sentencing court should not be accepted – where Tribunal preferred the evidence in contemporaneous official records rather than the applicant’s self-serving and inconsistent evidence – consideration of whether Tribunal’s decision was illogical or irrational and thus legally unreasonable – application of principles of legal unreasonableness and illogicality – where Tribunal’s decision was found to be open to it on the material before Tribunal and thus was not illogical or irrational – application dismissed
FLLB v Minister for Immigration and Citizenship [2026] FCA 1298
MIGRATION – application for urgent interim injunction restraining respondents from removing applicant to Republic of Naoero under third country reception arrangement – where applicant was previously on a Bridging Visa R – where final relief sought is a declaration that the applicant is not prevented by s 48A of the Migration Act 1958 (Cth) from making a second Protection Visa application – whether applicant has prima facie case – whether balance of convenience favours grant of interim injunction – interim injunction granted
Surender v Minister for Immigration and Citizenship [2026] FCA 1276
MIGRATION – application for leave to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – whether decision was interlocutory such that leave to appeal is required – where decision not attended by sufficient doubt – where no case established that substantial injustice would result if leave to appeal were refused – application dismissed – late application for adjournment made in oral reply submissions – application refused
Ranavue v Minister for Immigration and Citizenship [2026] FCA 1274
MIGRATION – application for judicial review of decision of Administrative Review Tribunal (Tribunal) affirming a decision of a delegate of the Minister not to revoke cancellation of the applicant’s visa – whether Tribunal erred by finding that the “other consideration” of “[l]egal consequences of the decision” was “not enlivened” – whether the Tribunal erred by not considering the impact of the decision on the applicant’s immediate family members in Australia – whether the Tribunal erred by failing to give individual consideration to the best interests of each relevant minor child to the extent that their interests differ – whether the Tribunal erred by failing to take into account the applicant’s mental health – application upheld
Rodrigo Gomes Da Silva v Minister for Immigration and Citizenship [2026] FCA 1277
MIGRATION – application for judicial review of the Minister’s exercise of the power in s 501BA(2) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and cancel the applicant’s visa – where the Minister’s decision was made 5 years, 4 months and 25 days after the Tribunal’s decision – where the applicant contended that the power had expired by reason of delay – where the construction of s 501BA(2) upon which that contention depends was rejected by the Full Court in Minister for Immigration and Citizenship v XMBQ [2026] FCAFC 19; 315 FCR 207 – whether to make findings about unreasonable delay on a hypothetical basis given the High Court has granted special leave to appeal the decision in XMBQ – held: no findings made about unreasonable delay MIGRATION – where the applicant contended that the timing of the Minister’s decision had no intelligible justification or was capricious or perverse – where the applicant contended the Minister’s decision was made because the applicant was named in an article published in April 2019 but was made when it was because of an article published in May 2024 – where the delay could be explained by the allocation of resources within the Department of Home Affairs – where Minister’s decision not made because of the 2019 article – where the 2024 article, if anything, accelerated the Minister’s consideration of the applicant’s case – held: no jurisdictional error for reasons of timing or delay MIGRATION – where the applicant contended that it was unreasonable for the Minister not to have sought further information about certain topics before making the decision – where the scheme of s 501BA necessarily implies that the Minister may reason without complete information – held: the Minister’s decision not to seek further information did not, of itself, result in jurisdictional error MIGRATION – where the applicant contended that three strands of the Minister’s reasoning were unreasonable – where the Minister reasoned having obtained only limited further information and where there was a delay of over five years since the Tribunal’s decision – where the Minister’s reasoning with respect to the applicant’s rehabilitative efforts and the possible impact on a spouse or partner of the applicant was not erroneous – where the Minister assumed the applicant had only four children from two relationships – where, at the time of the Minister’s decision, the applicant had an additional child from a third relationship, with another child on the way – where the Minister did not address the possibility of additional children – where the Minister regarded the impact of the decision on any affected children as a significant consideration – held: given the circumstances known to the Minister, including the delay of over five years and the fact that he had (permissibly) not afforded natural justice, the erroneous assumption about the applicant’s children, and the failure to address the possibility of the applicant having had additional children, was a breach of the implied condition to exercise the power in s 501BA(2) reasonably, with the application for judicial review allowed on that basis
LKQD v Minister for Immigration and Citizenship [2026] FCA 1270
MIGRATION – application for judicial review of decision of Administrative Review Tribunal affirming refusal to grant Protection visa under s 501(1) of the Migration Act 1958 (Cth) – applicant unable presently to be removed and remaining in Australian community on Bridging (Removal Pending) visa – Direction No 110 – protection of Australian community – comparative assessment of risk under realistically available decisional outcomes – Tribunal found high risk of reoffending irrespective of visa status and availability of NDIS supports – Tribunal considered both visa outcomes and rejected claimed protective advantages of permanent residence – evaluative assessment of risk – no jurisdictional error – application dismissed ADMINISTRATIVE LAW – legal unreasonableness – prospective accommodation and supports – Tribunal entitled to reject assumptions about future circumstances as speculative
Pokharel v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1253
MIGRATION – Student (Subclass 500) visa – genuine temporary entrant criterion – refusal of visa affirmed by Administrative Appeals Tribunal – appeal from dismissal of judicial review application – leave to raise new grounds on appeal – legal unreasonableness – alleged failure properly to consider Ministerial Direction No 69 – alleged failure properly to assess enrolment history – materiality – leave refused – appeal dismissed.
Kim v Minister for Immigration and Citizenship [2026] FCA 1243
MIGRATION – application for judicial review of decision of Assistant Minister for Citizenship, Customs and Multicultural Affairs under s 501BA(2) of the Migration Act 1958 (Cth) to set aside decision of Administrative Review Tribunal revoking cancellation of visa – whether Assistant Minister failed to consider the legal consequences of his decision – whether Assistant Minister’s decision was unintelligible in giving “moderately slightly” weight to a consideration – whether Assistant Minister misconstrued the Tribunal’s reasons unreasonably – whether Assistant Minister failed to exercise power under s 501BA(2) within a reasonable time – application dismissed
Farcas v Minister for Immigration and Citizenship [2026] FCA 1228
MIGRATION – application for extension of time under s 477A of the Migration Act 1958 (Cth) – extension of time granted – application for judicial review of Tribunal’s decision to affirm non-revocation of mandatory cancellation under s 501(3A) of the Migration Act – whether Tribunal’s decision was affected by illogicality and/or irrationality – consideration of extent of impediments to applicant if removed – application granted
BCD22 v Minister for Immigration and Citizenship [2026] FCA 1227
MIGRATION – application for an extension of time for leave to appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application to extend time under s 477(2) of the Migration Act 1958 (Cth) – where s 476A(3) of the Migration Act provides that the Federal Court of Australia has no jurisdiction to hear such an appeal – application dismissed COSTS – whether respondent disentitled to costs under r 36.72(4) of the Federal Court Rules 2011 (Cth) – where no notice of objection to competency filed – application of r 36.72(4) to application for extension of time for leave to appeal – where costs ordered
DQZ19 v Minister for Immigration and Citizenship [2026] FCA 1226
MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – whether the then Administrative Appeals Tribunal erred in failing to consider information bearing on risk – where the Tribunal was required to consider material contained within a DFAT country information report (DFAT report) – where Tribunal accepted that the appellant was a member of a political party in Pakistan – whether the Tribunal failed to consider information in the DFAT report relevant to the appellant’s claim to fear persecution as a member of the political party – appeal allowed
EIS18 v Minister for Immigration and Citizenship [2026] FCA 1225
MIGRATION – appeal from decision of a single judge of the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) dismissing an application for judicial review of a decision of the then Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of a delegate of the Minister not to grant a protection visa to the appellant – whether Tribunal failed to follow the procedure prescribed under s 424AA of the Migration Act 1958 (Cth) – whether the FCFCOA failed to afford the appellant procedural fairness in not taking steps to ensure he understood the reasons for dismissal or to provide him with information about the practice and procedure of the Court – appeal dismissed
El Samad v Minister for Immigration and Multicultural Affairs [2026] FCA 1245
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) alleging legal unreasonableness – assessment of medical evidence – no error established – appeal dismissed
Wang v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1230
MIGRATION – appeal from a decision of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the Minister refusing to grant a visa to the appellant – whether the primary judge erred in failing to find that the Tribunal fell into jurisdictional error – no error established – appeal dismissed
Patel v Minister for Immigration and Citizenship [2026] FCA 1216
MIGRATION – appeal from decision of single judge of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal had affirmed decision of delegate of Minister to refuse applications for a Student (Temporary) (Class TU) Student (subclass 500) visa (Student Visa) under s 65 of the Migration Act (Cth) – where first appellant as main applicant failed to meet enrolment in registered course of study criteria for Student Visa in cl 500.211 of Sch 2 to Migration Regulations 1994 (Cth) – where secondary applicants therefore failed to meet criteria for grant of Student Visa – where appeal grounds misconceived – where no jurisdictional error otherwise evident – appeal dismissed
BGZX v Minister for Immigration and Citizenship [2026] FCA 1207
MIGRATION – application for judicial review of Administrative Review Tribunal decision to affirm the delegate of the Minister’s decision to mandatorily cancel protection visa – whether to revoke the mandatory cancellation of a visa – whether the Tribunal’s reasons were irrational, illogical or legally unreasonable – application dismissed
Farrugia v Minister for Immigration and Multicultural Affairs [2026] FCA 1201
MIGRATION – Application for judicial review of a decision of the Minister under s 501BA of the Migration Act 1958 (Cth) – whether the Minister failed to undertake an active intellectual engagement with the materials – where Minister relied on draft reasons as summary – where Minister made finding about access to welfare services in Malta – whether finding was particular or personal to the applicant – whether Minister made an illogical or irrational finding for which there was no evidence – whether inference that Minister relied on personal or specialised knowledge of their department – application dismissed
GUE18 v Minister for Immigration and Citizenship [2026] FCA 1213
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant Appellant a protection visa – self-represented appellant makes new arguments at the hearing – complaint about the interpreter at the interview with the delegate – other complaints – arguments in notice of appeal not abandoned – whether Tribunal’s reliance on timing inconsistencies in Appellant’s account was legally unreasonable – whether Tribunal’s adverse credit findings based on the political nature of Majlis Wahdat-ul-Muslimeen lacked a probative basis – whether Tribunal’s rejection of apparently corroborative evidence lacked a probative basis – appeal dismissed
CRT22 v Minister for Immigration and Citizenship [2026] FCA 1211
MIGRATION – application for leave to appeal from interlocutory decision of Federal Circuit and Family Court of Australia – where primary judge refused extension of time to seek review of Registrar’s summary dismissal of application for judicial review – whether proposed grounds identified arguable error in the primary judge’s exercise of discretion – whether notification of the delegate’s decision complied with the applicable statutory requirements – whether Tribunal review application was lodged outside the prescribed period. Held: leave to appeal refused.
CHE20 v Minister for Immigration and Citizenship [2026] FCA 1210
MIGRATION – application for leave to appeal from interlocutory decision of Federal Circuit and Family Court of Australia – where primary judge refused extension of time to seek review of Registrar’s summary dismissal of application for judicial review – proposed judicial review application lacked prospects of success because Tribunal review application lodged out of time – whether primary judge failed to consider that the Tribunal acted in manifestly unreasonable way – whether the primary judge did not consider legal and factual errors in Tribunal’s decision. Held: leave to appeal refused.
BLX23 v Minister for Immigration and Citizenship [2026] FCA 1209
MIGRATION – application for extension of time and leave to appeal from interlocutory decision of Federal Circuit and Family Court of Australia – primary judge refused extension of time to seek review of Registrar’s summary dismissal of judicial review application – proposed judicial review application lacked reasonable prospects of success because Tribunal application lodged outside prescribed time and Tribunal had no power to extend time – whether primary judge failed to consider explanation for delay – whether Registrar’s decision treated as effectively unreviewable – whether denial of procedural fairness. Held: extension of time and leave to appeal refused.
Wang v Minister for Immigration and Citizenship [2026] FCA 1205
MIGRATION – leave to appeal from decision of Federal Circuit and Family Court – where previous decision dismissed application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Citizenship – where applicant refused grant of Regional Employer Nomination (Permanent) (Class RN) visa as applicant was not the subject of an approved nomination – application dismissed
Ratapu v Minister for Immigration and Citizenship [2026] FCA 1330
MIGRATION – application for an urgent interlocutory injunction to restrain the first respondent from removing the applicant – where applicant filed an extension of time application for judicial review of decision of the Administrative Review Tribunal – whether there is a serious question to be tried or prima facie case – whether balance of convenience favours granting relief sought – application dismissed
GGW18 v Minister for Immigration and Multicultural Affairs [2026] FCA 1198
MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Div 2) – application for a protection visa – where Administrative Appeals Tribunal rejected factual claims founding application for protection visa and affirmed refusal of protection visa – where some grounds of appeal raise matters not raised before Tribunal or primary judge – whether leave should be granted to raise points not taken below – where grounds lack merit and did not clearly arise on the materials – Tribunal not required to consider case not expressly made or not clearly arising on the materials – no jurisdictional error established – appeal dismissed
BXY20 v Minister for Immigration and Citizenship [2026] FCA 1187
MIGRATION – protection visa cancelled under s 109 of the Migration Act 1958 (Cth) for providing incorrect information – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – where the appellant has three children living in Australia who have no meaningful relationship to Iran – where one child is an Australian citizen – whether the Tribunal’s decision was affected by jurisdictional error – whether the Tribunal failed to take the best interests of the children into account as a primary consideration – appeal allowed
Lim v Assistant Minister for Citizenship, Customs, and Multicultural Affairs [2026] FCA 1179
MIGRATION – judicial review of decision of respondent to cancel visa under s 501BA of the Migration Act 1958 (Cth) – where the respondent was satisfied cancellation was in the national interest – where applicant’s criminal history related in large part to methamphetamine use – where applicant claimed sexual assault in juvenile detention contributed to offending – whether respondent’s misstatement of the significance of documents regarding applicant’s imprisonment history constituted taking into account an irrelevant consideration – where applicant claimed to fear relapse if removed to Malaysia – whether inconsistency in respondent’s reasoning constituted a failure to take into account a relevant consideration
DXR19 v Minister for Immigration and Citizenship [2026] FCA 1189
MIGRATION – protection visa application – refused – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – appeal therefrom – where appellant in default of appearance at appeal hearing – appeal dismissed
Nawaz v Minister for Immigration and Citizenship [2026] FCA 1182
MIGRATION – adjournment application on basis that appellants now seek Ministerial intervention – Ministerial intervention separate process unrelated to this appeal – application dismissed MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) that there was no jurisdictional error in Administrative Review Tribunal decision not to grant student visas – genuine temporary entrant criterion – no merit in grounds of appeal – application dismissed
Singh v Minister for Immigration and Multicultural Affairs [2026] FCA 1171
MIGRATION – where refusal of Regional Employer Nomination (Class RN) (Subclass 187) visa – where employer nomination withdrawn – whether breach of procedural fairness – whether jurisdictional error – various other miscellaneous complaints – no error disclosed – appeal dismissed
CMU19 v Minister for Immigration and Multicultural Affairs [2026] FCA 1199
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – appellants failed to file submissions and to appear – grounds of appeal lacked merit in any event – appeal dismissed with costs
FPL18 v Minister for Immigration and Citizenship [2026] FCA 1188
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – appellant advanced grounds not raised below – appellant advanced grounds which were abandoned below – appeal dismissed with costs
CLT19 v Minister for Immigration and Citizenship [2026] FCA 1174
MIGRATION – application for extension of time to appeal – judicial review of protection visa decision – proposed new ground alleging denial of procedural fairness – ss 422B, 424A and 424AA of Migration Act 1958 (Cth) – distinction between adverse information and evaluative findings or reasoning – extension of time refused
JRX25 v Minister for Immigration and Citizenship [2026] FCA 1170
MIGRATION – application for judicial review of decision under s 501CA of the Migration Act 1958 (Cth) not to revoke cancellation of applicant’s visa – whether the Tribunal erred by affording “neutral weight” to the legal consequences of its decision – where Tribunal’s path of reasoning was not unintelligible or unreasonable – where Tribunal’s reasoning was sufficiently transparent – whether the Tribunal erred by refusing applicant’s request for a pseudonym – where no jurisdictional error in refusal to grant a pseudonym order – application dismissed
SZTVK v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1163
MIGRATION – appeal from a decision of the Federal Circuit Court and Family Court of Australia (Div 2) for judicial review of a decision of the Immigration Assessment Authority to refuse a protection visa – where grounds of review not raised before primary judge – leave to advance new grounds on appeal refused – proposed grounds of appeal without merit – appeal dismissed
AQX20 v Minister for Immigration and Citizenship [2026] FCA 1159
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant Appellant a protection visa – whether a probative basis for a finding by the Tribunal – either there was a probative basis for the finding, or the finding was not a critical step in the Tribunal’s reasons – appeal dismissed
EMD20 v Minister for Immigration and Citizenship [2026] FCA 1258
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where applicant failed to file submissions and appear at hearing – where grounds of appeal lack merit – application dismissed with costs
Al-Dmour v Minister for Immigration and Citizenship [2026] FCA 1251
MIGRATION – application for extension of time to appeal decision by Federal Circuit and Family Court of Australia – where application for review of Administrative Review Tribunal was summarily dismissed – where grounds do not identify error in reasoning by primary judge – application dismissed
Miglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2026] FCA 1178
MIGRATION – application for reinstatement of application for an extension of time and leave to appeal –where applicant leaves during the hearing – where first respondent applied for order under r 35.33 of the Federal Court Rules 2011 (Cth) – application dismissed for non-appearance
Singh v Minister for Immigration and Citizenship [2026] FCA 1158
MIGRATION – application for leave to appeal from Federal Circuit and Family Court of Australia Division 2 – no appearance by the applicant – application lacks any merit – application dismissed
TCXM v Commonwealth of Australia (access to medical records) [2026] FCA 1151
MIGRATION – Applicant removed to Naoero pursuant to third country reception arrangement – negligence claim against the Commonwealth – urgent interlocutory application seeking orders to facilitate the Applicant being provided with his complete medical records in Naoero – proposed order would require the Commonwealth to request the Naoeroan government to provide the Applicant with his Naoeroan medical records – whether order would interfere with diplomatic relations between Australia and Naoero – whether other discretionary factors mean that orders should not be made – interlocutory application granted
Mwambwa v Minister for Immigration and Citizenship [2026] FCA 1217
MIGRATION – application for urgent injunction restraining Minister from removing the appellant from Australia pending outcome of appeal – construction of language in Ministerial Direction 110 – construction not advanced before primary judge – consideration of potential separation of appellant from young child with developmental delays – balance of convenience weighed in favour of grant of interim injunction – interim injunction granted until further hearing
CAB22 v Minister for Immigration and Citizenship [2026] FCA 1147
MIGRATION – protection visa application – refused by the delegate – decision affirmed by the Administrative Appeals Tribunal – application for judicial review dismissed by a judge of Division 2 of the Federal Circuit and Family Court of Australia – whether there is any jurisdictional error by the primary judge or the Tribunal – appeal dismissed
Virk v Minister for Immigration and Multicultural Affairs [2026] FCA 1146
MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Div 2) – application for a Temporary Business Entry (Class UC) (Subclass 457) visa – where cl 457.223(4)(a) of Sch 2 to the Migration Regulations 1994 (Cth) required the visa applicant to be the subject of an approved nomination – where the sponsor’s nomination application was refused and that refusal was affirmed by the Tribunal – where the appellant did not respond to an invitation under s 359A of the Migration Act 1958 (Cth) and did not seek an extension of time – whether the Tribunal’s decision not to adjourn the review under s 363(1)(b) of the Act was legally unreasonable or a denial of procedural fairness – where amendments to the Migration Regulations in March 2018 meant that no further nomination could be approved for a Subclass 457 visa – no jurisdictional error established – relief would be futile in any event – appeal dismissed
Kakkar v Minister for Immigration and Citizenship [2026] FCA 1139
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister refusing to grant a Student (Temporary) Class TU (Subclass 500) visa – whether the Tribunal failed to take into account an integer of a claim which clearly arose from the material – appeal dismissed
FZA18 v Minister for Immigration and Citizenship [2026] FCA 1132
MIGRATION – application for extension of time to file a notice of appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – inadequate explanation of delay –no specific prejudice to respondent – lack of merit of proposed ground of appeal – application dismissed COSTS – application under r 40.02(b) of the Federal Court Rules 2011 (Cth) – costs sought reasonable and proportionate to nature of the case – lump sum costs ordered
Rehman v Minister for Immigration and Citizenship [2026] FCA 1161
MIGRATION – application for extension of time to file notice of appeal – appeal from dismissal of application for judicial review – delay of 12 days – explanation for delay – absence of particular prejudice – merits of proposed appeal – failure to respond within time to invitation under s 359A of the Migration Act 1958 (Cth) – operation of ss 359B, 359C, 360 and 363A – request for extension made after prescribed period – no power to extend after expiry – no entitlement to appear before Tribunal – proposed new ground on appeal – extension of time refused
Khan v Minister for Immigration and Citizenship [2026] FCA 1134
MIGRATION – purported appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) to dismiss an application to extend time under s 477(2) of the Migration Act 1958 (Cth) – notice of objection to competency based on absence of appellate jurisdiction – operation of s 476A(3)(a) of the Migration Act – notice of objection to competency upheld – appeal dismissed
Singh v Minister for Immigration and Citizenship [2026] FCA 1131
MIGRATION – application for extension of time to file an application for leave to appeal from an interlocutory decision of Federal Circuit and Family Court of Australia (Division 2) – proposed grounds of appeal disclosed no arguable error of the kind described in House v R (1936) 55 CLR 499; [1936] HCA 40 – application for extension of time dismissed
EYK18 v Minister for Immigration and Citizenship [2026] FCA 1119
MIGRATION – application for extension of time to appeal, and appeal – where subsequent High Court decision clarifies the law and parties agree the primary judge erred – extension of time granted – whether primary judge should be upheld on other grounds – whether the Tribunal failed to consider a claim that the appellant faced a real risk of significant harm arising from imprisonment consequent upon non-completion of military service obligations in his receiving country – appeal dismissed
MFKF v Minister for Immigration and Citizenship [2026] FCA 1108
MIGRATION – where applicant’s application for a Protection (Class XA) (Subclass 866) visa (Protection Visa) refused on character grounds pursuant to s 501(1) of the Migration Act 1958 (Cth) (Act) (delegate’s decision) – where applicant is member of NZYQ cohort – where applicant was subsequently granted Class WR Bridging R (Removal Pending) (Subclass 070) visa – where Administrative Appeals Tribunal (Tribunal) affirmed delegate’s decision – where this Court set aside Tribunal’s decision and remitted applicant’s application back to Tribunal – where Tribunal again affirmed delegate’s decision – where Tribunal failed to undertake necessary counterfactual analysis of decisional outcomes for NZYQ applicant consistently with reasoning in Minister for Immigration and Citizenship v DVRL [2026] FCAFC 73 in its consideration of mandatory protection of the Australian community primary consideration – Tribunal’s decision to affirm delegate’s decision quashed matter remitted to Tribunal to be determined according to law
CCS23 v Minister for Immigration and Citizenship [2026] FCA 1172
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – no appearance by the appellant – appeal dismissed
Somal v Minister for Immigration and Citizenship [2026] FCA 1122
MIGRATION – where the appellant’s partner visa was refused by a delegate of the first respondent (the Minister) – where the appellant applied for the visa in May 2014, more than 28 days after the expiry of his last substantive visa in September 2010 – where the (then) Administrative Appeals Tribunal (the AAT) affirmed the Minister’s decision – where the appellant could not satisfy criterion 3001 in Schedule 3 to the Migration Regulations 1994 (Cth) (the Regulations) and had no compelling reasons to not apply those criteria – where the appellant therefore did not meet that the criterion for grant of the visa in cl 820.211(2)(d) of Schedule 2 to the to the Regulations –where the Federal Circuit and Family Court of Australia (Division 2) dismissed the application to set aside the decision –whether the grounds of appeal identify any error on the part of the primary judge
Sidhu v Minister for Immigration and Citizenship [2026] FCA 1103
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant student visa – applicant not enrolled in course of study at time of Tribunal’s decision – whether Tribunal’s decision affected by alleged fraud of migration agent – whether leave should be granted to raise issue not raised before primary judge – no error in decision of primary judge – no jurisdictional error in decision of Tribunal – appeal dismissed
Singh v Minister for Immigration and Citizenship [2026] FCA 1098
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister refusing to grant a Student (Temporary) Class TU (Subclass 500) visa – whether the Tribunal determined without a logical and probative basis that the appellant’s evidence was false – whether the Tribunal misapprehended the evidence – appeal dismissed
Li v Federal Circuit and Family Court of Australia [2026] FCA 1034
MIGRATION – Application under s 39B of the Judiciary Act 1903 (Cth) for review of a decision of the Federal Circuit and Family Court of Australia – Where Federal Circuit and Family Court of Australia refused an extension of time pursuant to s 477(2) of the Migration Act 1958 (Cth) to bring an application for judicial review of a decision by a delegate of the Minister to refuse a visa application – Whether explanation for delay is a mandatory consideration conditioning the power under s 477 of the Migration Act 1958 (Cth) – Whether Federal Circuit Court judge erred in engaging in more than an impressionist assessment of merits – Whether Federal Circuit Court judge failed to afford procedural fairness to the Applicants – No denial of fair opportunity to be heard – No jurisdictional error – Application dismissed.
DUA19 v Minister for Immigration and Citizenship [2026] FCA 1099
MIGRATION – protection visa application – refused – application for review dismissed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – appeal therefrom – where appellants in default of appearance at appeal hearing – appeal dismissed
DKCQ v Minister for Immigration and Citizenship [2026] FCA 1079
MIGRATION – judicial review of a decision of the Administrative Review Tribunal refusing to revoke cancellation of a visa – apprehended bias – comments of the Tribunal Member in the absence of the Applicant during the hearing – whether apprehended bias established – meaning of the comments of the Member – application allowed
FML18 v Minister for Immigration and Citizenship [2026] FCA 1081
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the Minister not to grant the appellant a protection visa – ground of appeal not raised before primary judge – no adequate explanation for failing to take the point in Court below – sole ground of appeal not arguable – appeal dismissed
DRY18 v Minister for Immigration and Citizenship [2026] FCA 1077
MIGRATION – application for extension of time to file a notice of appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – where applicant 172 days out of time – inadequate explanation for delay – prejudice to the orderly conduct of the Court’s work – merit of the proposed ground of appeal does not overcome unexplained delay and prejudice – application dismissed
CDD24 v Minister for Immigration and Citizenship [2026] FCA 1070
MIGRATION – application for leave to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) summarily dismissing an application for judicial review – leave to appeal required by s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – proposed grounds of appeal without merit – application refused COSTS – application under r 40.02(b) of the Federal Court Rules 2011 (Cth) for lump sum costs order – to promote efficient disposition of matter – lump sum costs ordered
AFL20 v Minister for Immigration and Citizenship [2026] FCA 1067
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) to dismiss an application for review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the Minister not to grant the appellant a protection visa – where Tribunal made adverse credibility findings due to inconsistencies and changes in the appellant’s evidence – no error identified in Tribunal’s or primary judge’s decision
Baig v Minister for Immigration and Citizenship [2026] FCA 1197
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) to dismiss an application for review of a decision of the Administrative Appeals Tribunal – where appellants did not appear – application for dismissal under r 36.75(1)(a) of the Federal Court Rules 2011 (Cth) – whether appeal arguable – Tribunal affirmed decision of a delegate of the Minister not to grant the first appellant a student visa – where Tribunal was not satisfied on the evidence available that the first appellant was a genuine temporary entrant – whether the primary judge failed to consider the criteria for genuine temporary entrants with active intellectual engagement – whether the primary judge should have found that the Tribunal denied the appellants procedural fairness by not providing them with the United Nations report it relied on in its decision – whether the primary judge erred in saying that the first appellant had not made a particular submission in his visa application or at any other time – primary judge erred in making this statement, but the error did not amount to an appellable error – the factors considered by the Tribunal weighed more on the decision-maker’s mind than the portion inadvertently mischaracterised by the primary judge – no error identified in the Tribunal’s or the primary judge’s decision – appeal dismissed
Junaid v Minister for Immigration and Citizenship [2026] FCA 1128
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) to dismiss an application for review of a decision of the Administrative Appeals Tribunal – where appellant did not appear – application for dismissal under r 36.75(1)(a) of the Federal Court Rules 2011 (Cth) – whether appeal arguable – Tribunal affirmed decision of a delegate of the Minister not to grant the appellant a student visa – where the Tribunal was not satisfied on the evidence available that the appellant had genuine access to the relevant kinds of funds in relation to his student visa – whether the primary judge should have held that the Tribunal’s conclusion on the funds issue was unreasonable – whether the primary judge should have set aside the Tribunal’s decision on the basis that the Tribunal had denied the appellant procedural fairness – no error identified in the Tribunal’s or the primary judge’s decision – appeal dismissed
FBU20 v Minister for Immigration and Citizenship [2026] FCA 1076
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant protection visa – no error in decision of primary judge – no jurisdictional error in decision of Tribunal – appeal dismissed
DYFV v Minister for Immigration and Citizenship [2026] FCA 1069
MIGRATION – where the applicant’s protection visa was cancelled by a delegate of the first respondent (the Minister) under s 501(3A) of the Migration Act 1958 (Cth) (the Act) following convictions for aggravated break and enter offences – where the Minister decided not to revoke the cancellation decision under s 501CA(4) and the applicant applied to the Administrative Review Tribunal (the Tribunal) for review – where the Tribunal affirmed the Minister’s decision – where the applicant and the Minister filed statements of facts, issues and contentions in the Tribunal which treated removal to Nauru as the “likely” legal consequence of the Tribunal’s decision – whether the Tribunal was entitled to find removal was practicable in the reasonably foreseeable future notwithstanding the absence of evidence of concrete steps having been taken to remove the applicant
EVG19 v Minister for Immigration and Citizenship [2026] FCA 1126
MIGRATION – application for protection visa – where application refused by delegate of Minister of Immigration and Citizenship (then Minister for Immigration and Border Protection) – merits review in Administrative Appeals Tribunal – where Tribunal affirmed decision – judicial review in Federal Circuit and Family Court of Australia (Division 2) – whether primary judge erred in concluding that the Tribunal’s adverse credibility finding was not illogical, irrational or legally unreasonable – whether appellant asserted any other appealable error on the part of the primary judge – appeal dismissed
Saini v Minister for Immigration and Citizenship [2026] FCA 1116
MIGRATION – urgent interlocutory application seeking to restrain decision to transfer from immigration detention in a hotel in Brisbane to a detention centre in Melbourne – where no serious question to be tried – where balance of convenience would not establish grant of interlocutory relief – interlocutory application dismissed
Hasan v Minister for Immigration and Citizenship [2026] FCA 1105
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where primary judge upheld decision of then Administrative Appeals Tribunal – where Tribunal found it did not have jurisdiction to review decision of Minister’s delegate in relation to primary visa applicant – where appellants sought to advance ground of appeal not raised before primary judge – whether leave should be granted – HELD: leave to raise new ground of appeal refused –appeal dismissed with costs fixed in the sum of $5,500
EOQ20 v Minister for Immigration and Multicultural Affairs [2026] FCA 1078
MIGRATION – application for extension of time and leave to appeal – decision of Federal Circuit and Family Court of Australia (Div 2) – refusal to extend time to review exercise of power by Registrar – summary dismissal of application for judicial review of decision by Administrative Appeals Tribunal – where Tribunal decided that it did not have jurisdiction to review refusal to grant protection visa – where application for review not given to Tribunal within prescribed time limit – application to extend time refused
CYO23 v Minister for Immigration and Citizenship [2026] FCA 1050
MIGRATION – Application pursuant to s 39B of the Judiciary Act 1903 (Cth) to quash a decision of the Federal Circuit and Family Court of Australia – where the Circuit Court dismissed an application to review a decision of the Immigration Assessment Authority not to grant a protection visa – whether the Circuit Court committed jurisdictional error in misunderstanding the grounds pressed before it – held no jurisdictional error below – application dismissed
Bui v Minister for Immigration and Citizenship [2026] FCA 1040
MIGRATION – where the appellant’s partner visa was cancelled by a delegate of the first respondent under s 116(1)(e)(i) of the Migration Act 1958 (Cth) (the Act) following his arrest and the laying of charges against him – where the appellant applied to the then Administrative Appeals Tribunal (the Tribunal) for review of the delegate’s decision – where, prior to the Tribunal hearing, the charges were withdrawn and replaced with a single lesser charge to which the appellant pleaded guilty – where the Tribunal nonetheless affirmed the delegate’s decision to cancel the appellant’s partner visa – where the appellant sought judicial review of the Tribunal’s decision in the then Federal Circuit Court of Australia – where the application for review was dismissed and the appellant now appeals to this Court – whether the Tribunal could have been satisfied that the specified circumstances in s 116(1)(e)(i) existed – whether the Tribunal erred in their assessment of “risk” in s 116(1)(e) – whether the Tribunal’s reasoning was inconsistent with a ministerial guideline to which it purported to have regard – whether “serious offence” for the purposes of s 116(1)(e) takes its meaning from other sections of the Act or the Migration Regulations 1994 (Cth)
DBB18 v Minister for Immigration and Citizenship [2026] FCA 1033
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Div 2) – protection visa – where appellant’s application refused by first respondent – where refusal decision affirmed by Administrative Appeals Tribunal – where primary judge dismissed application for judicial review – where new points sought to be agitated on appeal – whether leave to press new points should be granted – whether new points of challenge sufficiently meritorious – appeal dismissed
AIH18 v Minister for Immigration and Citizenship [2026] FCA 993
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review – Administrative Appeals Tribunal affirmed decision of a delegate of the Minister not to grant appellant a Protection (Subclass 866) visa – grounds of appeal not particularised – grounds of appeal disclose no error – appeal dismissed
EHQ25 v Minister for Immigration and Citizenship [2026] FCA 1039
MIGRATION – Application for an extension of time to bring an application pursuant to s 476A of the Migration Act 1958 (Cth) to review Minister’s personal decision to set aside a decision of the Administrative Appeals Tribunal – where substantial delay not satisfactorily explained – where proposed grounds for review not reasonably arguable – extension of time pursuant to s 477A not necessary in the interests of the administration of justice – application dismissed.
Martin v Minister for Immigration and Citizenship [2026] FCA 1027
MIGRATION – application for judicial review of decision of Administrative Review Tribunal (Tribunal) affirming decision of delegate of Minister for Immigration and Citizenship not to revoke cancellation of visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) (Act) – where Ministerial Direction No. 110 – Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s 501CA of the Act (Direction) applied – where applicant found guilty of murder, reckless wounding and assault – where applicant identified three minor children whose interests warranted consideration under the Direction – whether Tribunal failed to consider mandatory matters under para 8.4(4) of the Direction – where Tribunal properly applied considerations in para 8.4(4) of the Direction – applicant granted leave to rely on amended originating application – appeal dismissed
VPBY v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 1026
MIGRATION – application for judicial review of decision of Assistant Minister for Citizenship, Customs and Multicultural Affairs (Assistant Minister) under s 501BA(2) of the Migration Act 1958 (Cth) to set aside decision of Administrative Review Tribunal (Tribunal) revoking cancellation of visa – where applicant convicted of supplying large commercial quantity of a prohibited drug – where Tribunal made adverse credibility findings but found applicant posed a low risk of reoffending – whether Assistant Minister’s finding that cancellation in the national interest unreasonable, illogical or irrational –whether Assistant Minister acted unreasonably in forming conclusion about applicant’s risk of reoffending based on Tribunal’s summaries – whether Assistant Minister failed to make reasonable inquiries – where no jurisdictional error established – amended originating application dismissed
CNN17 v Minister for Immigration and Citizenship [2026] FCA 1017
MIGRATION – application for extension of time to file notice of appeal in relation to decision of a judge of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) dismissing judicial review of decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate of Minister not to grant protection visa to applicant – whether leave to raise new grounds of appeal that were not raised before Federal Circuit Court should be granted – whether Tribunal did not properly consider applicant’s claims – whether Tribunal made unfavourable findings wrongly – whether primary judge ignored claims in favour of the applicant – where no relevant error by Tribunal or primary judge is discernible – where proposed grounds of appeal have no reasonable prospects of success – where unnecessary to address whether applicant should be granted leave to raise new grounds of appeal – application for extension of time to file notice of appeal be dismissed
FLS24 v Minister for Immigration and Citizenship [2026] FCA 994
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant Appellant a protection visa – Tribunal found that Appellant was not homosexual – whether Tribunal’s decision was based on unwarranted assumptions – whether primary judge failed to deal with substantial and significant argument – appeal dismissed
Fetalaiga v Minister for Immigration and Citizenship [2026] FCA 1025
PRACTICE AND PROCEDURE – oral application for adjournment of hearing – adjournment sought for applicant to obtain legal representation – applicant previously had pro bono legal assistance which had since withdrawn – adjournment unlikely to result in future legal representation – application dismissed MIGRATION – judicial review – decision of Administrative Review Tribunal not to revoke cancellation of applicant’s visa – no written or oral submissions made by applicant – whether Tribunal had constructively failed to exercise jurisdiction –Tribunal considered substantial claims raised by applicant – grounds dismissed – application dismissed
Kim v Assistant Minister for Immigration [2026] FCA 1020
MIGRATION – application for judicial review of decision of Assistant Minister made under s 501A(2) of the Migration Act 1958 (Cth) setting aside decision of Administrative Appeals Tribunal and cancelling applicant’s visa – where Assistant Minister required to afford procedural fairness – where notices of intention to consider cancellation sent by registered post to two addresses associated with applicant – where first notice returned to sender – where second notice sent to address obtained from Centrelink and signed by a person other than the applicant – where applicant gave unchallenged evidence that he did not receive either notice – where Department held mobile telephone and email contact details for applicant but did not attempt to contact applicant by those means – whether Assistant Minister took reasonable steps to notify applicant of intention to consider cancellation – application upheld
CUD21 v Minister for Immigration and Citizenship [2026] FCA 999
MIGRATION – application for judicial review of decision of Administrative Review Tribunal – contention that Tribunal misdirected and fettered itself in exercising discretion conferred by cl 7(2) of Direction No. 110 – application dismissed
Gade v Minister for Immigration and Citizenship [2026] FCA 1008
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant the appellant a student visa – no appearance by the appellant at the hearing of the appeal – appeal dismissed under r 36.75(1) of the Federal Court Rules 2011 (Cth)
Afzal v Minister for Immigration and Citizenship [2026] FCA 998
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) – where delegate of the first respondent cancelled the appellant’s student visa due to non-enrolment in a course – where cancellation decision affirmed by the Administrative Appeals Tribunal – where evidence of appellant’s mental health conditions was before the Tribunal – whether primary judged erred in failing to find that appellant was not denied procedural fairness by the Tribunal on basis of mental health conditions – whether appellant denied procedural fairness in proceedings in the Court below due to mental health conditions
Kozak v Minister for Immigration and Citizenship (No 2) [2026] FCA 1001
MIGRATION - judicial review under s 39B of Judiciary Act 1903 (Cth) - Minister's power in s 351 of the Migration Act 1958 (Cth) to substitute more favourable decision in place of decision of Administrative Appeals Tribunal where Tribunal determined that it did not have jurisdiction to make a decision under the Migration Act - application dismissed
Thompson v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 962
MIGRATION – application for extension of time for review of Minister’s decision to cancel visa under s 501BA of the Migration Act 1958 (Cth) – where delay was significant and substantial but there was no direct prejudice and proposed application had sufficient merit to warrant extension – whether Minister directly engaged with question of whether visa cancellation is in best interests of minor children – whether Minister failed to give proper, genuine and realistic consideration to the children’s best interests – extension of time granted – application for review dismissed
LWU25 v Minister for Immigration and Citizenship [2026] FCA 973
MIGRATION – interlocutory application by applicant to prevent removal to Nauru – applicant NZYQ affected person – proceedings held in abeyance until TCXM determined – submissions by applicant as to personal circumstances rather than matters to support interlocutory relief – interlocutory application dismissed
Kozak v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 965
MIGRATION - interlocutory application for discovery and production - application dismissed
KZS25 v Minister for Immigration and Citizenship [2026] FCA 949
MIGRATION – application for an extension of time to lodge an application for review of a decision of the Administrative Review Tribunal – where the applicant’s delay in seeking review exceeded 9 months – whether the Court is satisfied that an extension of time is necessary in the interests of the administration of justice – application dismissed
Puru v Minister for Immigration and Citizenship [2026] FCA 937
MIGRATION - where applicant’s visa was mandatorily cancelled on character grounds pursuant to s 501 of the Migration Act 1958 (Cth) (Act) –– where the Administrative Review Tribunal affirmed delegate’s decision not to revoke visa cancellation pursuant to s 501CA(4) of the Act - where applicant brings an application for an extension of time in which to apply for a review of decision - where applicant contends Tribunal failed to bring its own independent mind to bear by copying paragraphs from a previous decision - where the applicant contends Tribunal erred in applying para 8.4 of Direction No 110 because it failed to consider the best interests of minor children in Australia affected by the decision MIGRATION - extension of time and application for review granted
DUT18 v Minister for Immigration and Citizenship [2026] FCA 945
MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Multicultural Affairs not to grant the appellant a Temporary Protection (Class XD) (Subclass 785) visa – where single ground of appeal not raised before primary judge – where no submissions made by appellant as to why leave should be granted to raise new ground – where ground of appeal has no merit – leave not granted – appeal dismissed
Mwambwa v Minister for Immigration and Citizenship [2026] FCA 931
MIGRATION – application for judicial review of decision by Administrative Review Tribunal – where a delegate of the Minister refused the applicant's visa application on the basis that the applicant did not satisfy the character test – where the Tribunal affirmed the delegate's decision – where applicant alleged seven jurisdictional errors by the Tribunal – where applicant alleged that Tribunal failed to comply with Direction No 110 by not considering the effect of separation on the applicant's 4-year-old daughter – where applicant's daughter has support needs and relies on the applicant for support – consideration of requirement to 'consider' the factors in cl 8.4(4) and Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160; (2024) 306 FCR 372 – where applicant alleged that Tribunal did not apply cl 8.4(4)(b), cl 8.4(4)(b) and cl 8.4(4)(a) of Direction No 110 – where applicant alleged that Tribunal denied the applicant procedural fairness by not giving the applicant an opportunity to give evidence orally before being questioned by counsel for the Minister – consideration of content of s 55(1)(c) of the Administrative Review Tribunal Act 2024 (Cth) and SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 – where applicant alleged that Tribunal denied the applicant procedural fairness by not notifying the applicant of the possibility the Tribunal may make an adverse finding about the applicant's lack of remorse based upon his evidence about a domestic violence course – where applicant alleged that Tribunal denied the applicant procedural fairness by not notifying the applicant of the possibility the Tribunal make an adverse finding about the applicant's lack of remorse based upon his evidence about the effect on his partner of his past assault on her – where applicant alleged that Tribunal misconstrued or misapplied s 500(6J) when it refused to receive report concerning the applicant's daughter's support needs – where applicant alleged that Tribunal failed to comply with Direction No 110 by failing to undertake the balancing and evaluation of considerations required – application dismissed
Delpachitra v Minister for Immigration and Citizenship [2026] FCA 925
MIGRATION – Appeal from the Federal Circuit and Family Court of Australia (Division 2) – cancellation of a student visa for failure to maintain enrolment in a registered course of study – whether AAT was required to understand the reason for contravention before characterising it as serious – no jurisdictional error identified – appeal dismissed – no issue of principle
TPTN v Assistant Minister for Immigration [2026] FCA 924
MIGRATION – application for judicial review of a decision of the Assistant Minister under s 501BA(2) of the Migration Act 1958 (Cth) – whether the Assistant Minister made findings based on selective and dated materials – whether the Assistant Minister failed to consider material that was constructively in his possession – whether the Assistant Minister represented he had considered information not in his possession – whether the Assistant Minister made findings about the current state of the Applicant’s rehabilitation without evidence or a logical basis – Applicant failed to establish that the Assistant Minister exercised his power in a manner that was illogical or irrational – application dismissed
BKT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 918
MIGRATION - appeal from a judgment of the Federal Circuit and Family Court of Australia (Division 2) upholding decision of Tribunal refusing protection visa application - procedural fairness - where there was a break in the course of giving oral evidence at the Tribunal - whether the Tribunal made a finding that the applicants colluded during the break - whether the primary judge erred in failing to find that the Tribunal denied procedural fairness by failing to accord the applicants opportunity to comment on whether they had colluded during the hearing - appeal allowed.
Pandey v Minister for Immigration and Citizenship [2026] FCA 927
PRACTICE AND PROCEDURE – application for adjournment – where no evidence that appellant had made efforts to find legal representation – where medical evidence insufficient to justify adjournment – application for adjournment refused MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Citizenship not to grant the appellant a Student (Temporary) (Class TU) (Subclass 500) visa – where none of the grounds of appeal relied on demonstrates error by the primary judge – appeal dismissed
Jakkireddy v Minister for Immigration and Citizenship [2026] FCA 913
MIGRATION – Application for leave to appeal summary dismissal – out of time – application dismissed – no issue of principle
BFK19 v Minister for Immigration & Multicultural Affairs [2026] FCA 905
MIGRATION – appeal from decision of primary judge dismissing the appellant’s application for judicial review of a decision of the Administrative Appeals Tribunal which affirmed a decision of a delegate of the Minister for Immigration and Multicultural Affairs not to grant the appellant a Protection (Class XA) visa – where the appellant relies on the ground of appeal that the Tribunal made a jurisdictional error by considering a criterion for the grant of the visa which had not been considered by the delegate – where that ground of appeal is not made out on a factual basis – where that ground of appeal is of no real merit – appeal dismissed
Happi v Minister for Immigration and Citizenship [2026] FCA 889
MIGRATION – Appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of former Administrative Appeals Tribunal – where Tribunal affirmed decision to refuse grant of partnership visa – where applicant declared one past relationship but omitted several other past relationships in visa application – application of Public Interest Criterion 4020 – whether omissions false or misleading – whether Tribunal’s conclusions based on illogical or irrational process of reasoning – appeal dismissed
Ceitinn v Minister for Immigration and Citizenship [2026] FCA 887
MIGRATION – Judicial review of Minister’s decision under s 501BA Migration Act 1958 (Cth) to set aside a decision of former Administrative Appeals Tribunal and cancel applicant’s visa – where applicant convicted of fraud offences as part of “predatory”, “well-organised” and “very sophisticated” criminal enterprise – where applicant’s visa cancelled by Minister’s delegate under mandatory cancellation provisions – where Minister’s delegate decided not to revoke mandatory cancellation – where Tribunal decided to revoke cancellation – where Minister set aside Tribunal’s decision – whether Minister fundamentally misunderstood nature of power under s 501BA – whether Minister exercised power within reasonable time – whether Minister erred in not seeking information from applicant or Department – whether Minister formed state of satisfaction as to the national interest unreasonably, illogically or irrationally – whether Minister considered all legal consequences of the decision – application dismissed
AJS23 v Minister for Immigration and Citizenship [2026] FCA 885
MIGRATION – Application for relief under s 39B Judiciary Act 1903 (Cth) – judicial review of decision of Federal Circuit and Family Court of Australia (Division 2) refusing to grant an extension of time to appeal from decision of former Administrative Appeals Tribunal – where Tribunal affirmed Minister’s decision refusing a protection visa – where applicant was Ethiopian national from region of Oromia – where United Nations International Commission of Human Rights Experts on Ethiopia published report one month before Tribunal decision – where report indicated specific investigations confined to regions of Tigray and Amhara – where primary Judge invited written submissions about relevance of report – whether report “relevant country information” – whether primary Judge considered submissions of applicant – appeal allowed – matter remitted for rehearing
SXHR v Minister for Immigration and Citizenship [2026] FCA 904
PRACTICE AND PROCEDURE – application for urgent interlocutory injunction to restrain the first respondent from removing the applicant under s 198(5) of the Migration Act 1958 (Cth) – where applicant in detention – whether there is serious question to be tried or prima facie case – whether balance of convenience favours granting relief sought – where if removed the applicant would face substantial difficulties in prosecuting the appeal – where removal would frustrate practical utility of orders – application granted
Kaur v Minister for Immigration and Citizenship [2026] FCA 897
MIGRATION — appeal dismissed — no question of principle
Singh v Minister for Immigration and Citizenship [2026] FCA 895
MIGRATION — Appeal from the Federal Circuit and Family Court of Australia (Division 2) — student visa partner case — appeal grounds fail to expose error —appeal dismissed — no issue of principle
Liu v Minister for Immigration and Citizenship (No 2) [2026] FCA 876
MIGRATION – application for reinstatement of application for an extension of time and leave to appeal – where proposed grounds of appeal are without merit – failure to provide personal statutory declaration required to establish a valid claim of family violence – application for reinstatement dismissed
NCNZ v Minister for Immigration and Citizenship [2026] FCA 870
MIGRATION – review of decision of Administrative Review Tribunal affirming decision not to revoke the cancellation of the Applicant’s protection visa – Applicant has a protection finding in his favour – removal to a third country is a legal possibility but Tribunal found that it was not a reasonably foreseeable consequence of a non-revocation decision – Tribunal assessed ties to the community and best interests of minor children on the basis that the Applicant “will not be removed” from Australia – whether this statement involves an error of law, or a failure to consider representations about the impact of removal to a third country on the Applicant’s daughter and mother – neither jurisdictional error established Tribunal found that the Applicant would be released from prison into the community irrespective of its decision – Tribunal found that it was probable that he would be released on a bridging visa (BVR) in the event of non-revocation – release from prison would not occur for a period of between 16 months and more than four years from the Tribunal’s decision – Tribunal found that protection of the community weighed very substantially against revocation – whether Tribunal failed to perform the comparative risk assessment required by Minister for Immigration and Citizenship v DVRL [2026] FCAFC 73 – DVRL distinguishable – no jurisdictional error – application dismissed
Kual v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 872
MIGRATION – application for review of a decision of the Assistant Minister to cancel the applicant’s visa – Assistant Minister imported findings of viciousness into consideration of offending when not reflected in sentencing remarks – factual errors as to applicant’s conduct on return to community – conflation of “persistent” offending with severity of offending – combination of illogicalities and factual errors amounted to jurisdictional error – application allowed MIGRATION – whether the Assistant Minister failed to explain the link between protection of the Australian community and cancellation of the applicant’s visa in circumstances where the applicant might remain in the community – no finding of error in the Assistant Minister’s consideration of this factor where no application for a protection visa had been made
Piec v Minister for Immigration and Citizenship [2026] FCA 869
MIGRATION – application for judicial review of a decision by the respondent under s 501BA of the Migration Act 1958 (Cth) – whether reliance on information that was before the Tribunal 34 months earlier without obtaining more recent information was legally unreasonable – whether an inference about when the applicant had reoffended was open to the respondent – application dismissed
FKCV v Minister for Immigration and Citizenship [2026] FCA 864
MIGRATION – judicial review – decision of Administrative Review Tribunal not to revoke cancellation of applicant’s visa – application of Ministerial Direction 110 – likelihood applicant would be released into the community on a bridging visa – whether Tribunal acted illogically or irrationally in finding that expectations of and protection of Australian community weighed heavily against revocation given applicant likely to be given visa and released into community – Tribunal did not reason illogically and unreasonably by giving weight to community expectation that applicant who breached the law should not continue to hold a visa – Tribunal reasoned illogically and unreasonably by failing to consider how applicant being released into the community would impact its findings about community protection – ground upheld – application allowed MIGRATION – judicial review – decision of Administrative Review Tribunal not to revoke cancellation of applicant’s visa – application of Ministerial Direction 110 – Tribunal found legal consequences of decision weighed in favour of revocation – Tribunal did not consider consequences of the applicant needing to comply with bridging visa conditions – ground upheld – application allowed
BQNZ v Minister for Immigration and Citizenship [2026] FCA 857
MIGRATION – application for extension of time under s 477A of the Migration Act 1958 (Cth) (the Act) – where the applicant was an Iraqi national who arrived in Australia in 1999 and was granted a protection visa – where the applicant’s visa was cancelled by a delegate of the Minister under s 501(3A) of the Act on the basis that he did not pass the “character test” – where the applicant made representations under s 501CA to have the cancellation revoked – where a delegate of the Minister refused the revocation request – where the applicant sought review of that decision in the (then) Administrative Appeals Tribunal (Tribunal) – where the Tribunal affirmed the decision not to revoke the cancellation – where the applicant seeks judicial review of the Tribunal’s decision over four years later – whether the applicant had adequate reasons to justify the delay – whether the applicant’s substantive case was so strong as to be “exceptional” to justify a grant of a lengthy extension – whether time should be extended
BKRD v Minister for Immigration and Citizenship [2026] FCA 865
MIGRATION – application for judicial review of decision of the Administrative Review Tribunal– where Tribunal affirmed decision of the Minister for Immigration and Citizenship’s delegate not to revoke the mandatory cancellation of the applicant’s permanent visa pursuant to s 501CA of the Migration Act 1958 (Cth) –where applicant affected by NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; (2023) 280 CLR 137 and would have remained in Australian community regardless of the Tribunal’s decision – whether it was illogical or irrational for the Tribunal to conclude that the risk to the community weighed substantially in favour of non-revocation – whether the Minister’s submissions before the Tribunal about third country reception arrangements were misleading – whether a refusal to adjourn was unreasonable – whether the applicant had been denied procedural fairness by reason of discussions conducted in the applicant’s absence
DIR22 v Minister for Immigration and Multicultural Affairs [2026] FCA 961
MIGRATION — Protection visa — Jurisdictional Error — Administrative Appeals Tribunal — Whether there was a failure to properly consider claim — Whether unarticulated claim raised squarely on the material — Nature of inquisitorial tribunal — Appeal dismissed
Full Court of the Federal Court 11
Manebona v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCAFC 130
MIGRATION – Appeal from dismissal of an application for judicial review of a ministerial decision under s 501BA(2) of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and cancel a visa – whether Minister’s decision irrational or illogical or unreasonable in relation to the appellant’s risk of reoffending – whether Minister reasoned based on outdated material – where Minister made a finding as to a state of affairs that existed at the time of the decision – where the Minister relied on historical finding to infer that there was a present risk of reoffending – appeal dismissed MIGRATION – Whether the Minister was obliged to consider the legal consequences of a decision under s 501BA – whether the Minister was obliged to consider the legal consequence of permanent exclusion – where Minister did consider relevant legal consequences – appeal dismissed
Deyanti v Minister for Immigration and Citizenship [2026] FCAFC 126
MIGRATION – citizenship – where appellant was found abandoned in Australia as a child and there is proof that she was born in Indonesia – where Australian Citizenship Act 1948, s 5(3)(b) deemed a person found in Australia to have been born in Australia “unless and until the contrary is proved” – whether “unless and until the contrary is proved” qualifies the person’s entitlement to nationality of a country other than Australia – appeal dismissed
Chukwuma v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCAFC 121
MIGRATION – decision of Assistant Minister under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and to cancel the appellant’s Resident Return visa – where the Government was taking steps to negotiate an arrangement to send the NZYQ cohort to Naoero – where legislative provisions regarding third country reception arrangements had recently come into force – where the Assistant Minister’s reasons for decision did not take into account that, if the appellant’s visa were cancelled, the almost inevitable consequence would be that he would be issued with a Bridging (Removal Pending) visa – where the Assistant Minister’s reasons did not take into account that this would expose the appellant to removal to Naoero if a third country reception arrangement were entered into with Naoero – whether the Assistant Minister’s decision was affected by jurisdictional error – appeal allowed
VRRQ v Minister for Immigration and Multicultural Affairs [2026] FCAFC 117
MIGRATION — appeal from decision of primary judge to dismiss application for judicial review of a decision of the Administrative Review Tribunal to affirm a decision of the respondent not to revoke the cancellation of the appellant’s child visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) — whether the primary judge erred in finding that the Tribunal’s error in assessing the appellant as being at moderate risk of reoffending for the purpose of the first primary Ministerial Direction 110 consideration by reference to the appellant’s uncertain immigration status was not material and did not amount to jurisdictional error — where the primary judge identified other evidence before the Tribunal which supported the Tribunal’s finding as to the appellant’s risk of reoffending — where the primary judge did not err in finding that the Tribunal’s error did not cause a wrong factual finding as to the appellant’s risk of reoffending and was not otherwise critical to the Tribunal’s ultimate decision — where the primary judge did not err in rejecting the appellant’s contention that the Tribunal’s error could have resulted in a different decision — first ground of appeal dismissed — where the appellant contends the primary judge erred by failing to find that the Tribunal made a material error in finding that any third country to which the appellant might be removed would need be assessed as “safe” by way of precondition to ss 76AAA and 198AHB of the Act — where the Tribunal’s language of obligation by reference to the safety of the appellant’s removal to a third country related to separate statutory powers under the Act permitting the discharge of international obligations — where the Tribunal did not misapprehend the nature and operation of ss 76AAA and 198AHB of the Act — second ground of appeal dismissed — appeal dismissed.
Dass v Minister for Immigration and Citizenship [2026] FCAFC 116
MIGRATION – appeal – where Tribunal’s reasons contained errors – whether errors were jurisdictional – whether Tribunal’s reasons were incoherent and the decision legally unreasonable – whether Tribunal took into account irrelevant material – appeal dismissed
Abraham v Minister for Immigration and Citizenship [2026] FCAFC 115
MIGRATION — where Administrative Review Tribunal decided not to revoke cancellation of appellant’s visa on character grounds – whether the primary judge erred in finding that the Tribunal had correctly applied the primary consideration relating to community expectations as stated in paragraphs 8.5(1) and 8.5(2) of Direction 110 – appeal dismissed
Nunez v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 111
MIGRATION – where appellant’s visa was mandatorily cancelled under s 501(3A) of the Migration Act 1958 (Cth) after he was convicted of multiple offences – where Administrative Appeals Tribunal (the Tribunal) affirmed the departmental delegate’s non-revocation decision – whether Tribunal incorrectly applied the decision in HZCP v Minister for Immigration and Border Protection (2019) 273 FCR 121 – where the Tribunal indicated the appellant faced a ‘heavy onus’ when seeking to impugn the essential facts of the conviction other than the conviction upon which the cancellation was based – where different considerations apply when the other conviction was predicated on a guilty plea rather than a contested factual hearing – whether the appellant recanted or otherwise withdrew his challenge to the essential facts of his conviction on the second day of the hearing before the Tribunal – whether the Tribunal’s error was material – appeal upheld
Minister for Immigration and Citizenship v GNHW [2026] FCAFC 107
MIGRATION – appeal from decision of primary judge requiring Administrative Review Tribunal to rehear and determine application for review of decision from delegate of Minister for Immigration and Citizenship – where Administrative Review Tribunal upheld decision of delegate of the Minister not to revoke mandatory cancellation of respondent’s visa – where respondent would remain in Australia on bridging visa if protection visa not granted owing to protection status – whether the Administrative Review Tribunal was required to assess the respondent’s risk to the community depending on whether the respondent was granted a protection or bridging visa – appeal dismissed
Manu v Minister for Immigration and Citizenship [2026] FCAFC 108
MIGRATION – appeal from dismissal of application for judicial review – mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth) – decision not to revoke cancellation under s 501CA(4) – where delay between decision and provision of Tribunal’s reasons – where judicial review application filed within time – where reasons received before judicial review hearing – where timetabling orders to permit applicant to file additional materials – where applicant did not do so – whether denial of procedural fairness by primary judge. MIGRATION – legal unreasonableness – hardship to appellant’s family – where relevant matters expressly considered – whether complaint concerned weight and invited impermissible merits review. Held: no error established – appeal dismissed.
Samuelu v Minister for Immigration and Citizenship [2026] FCAFC 100
MIGRATION – decision by Administrative Review Tribunal to affirm decision not to revoke cancellation of Appellant’s visa – primary judge dismissed application for review – whether the Tribunal erred in considering protection of the community by attributing adverse weight to the seriousness of the Appellant’s offending in advance of a finding of likelihood of re-offending – whether the Tribunal failed to consider the impacts of removal of the Appellant from Australia – whether Tribunal was required to make findings on the period of Appellant’s positive contribution to the community – appeal dismissed
Minister for Immigration and Citizenship v Singh (Application for Costs Certificate) [2026] FCAFC 91
COSTS – application for costs certificate – where the Court allowed appeal and ordered that the first respondent pay the appellant’s costs – application for a costs certificate under the Federal Proceedings (Costs) Act 1981 (Cth) – application granted
High Court of Australia 4
EGH19 v Minister for Immigration & Citizenship [2026] HCA 33
Administrative law – Judicial review − Where plaintiff's Protection (Class XA) (Subclass 866) visa cancelled on character grounds ("Cancellation Decision") − Where plaintiff made representations to Minister seeking revocation of Cancellation Decision referring to material already held by Department − Where no real prospect of plaintiff being removed from Australia in reasonably foreseeable future − Where delegate decided not to revoke Cancellation Decision ("Non-revocation Decision") − Where plaintiff granted Bridging R (Subclass 070) visa ("BVR") − Whether Non-revocation Decision affected by jurisdictional error − Whether failure to have regard to information provided by plaintiff in connection with previous decision-making – Whether cancellation of protection visa would remove risk posed by plaintiff to Australian community in circumstances where plaintiff would be released on BVR. Words and phrases – "cancellation decision", "character grounds", "constitutional writ", "extension of time", "illogically", "irrationally", "judicial review", "jurisdictional error", "legal consequences", "non-revocation decision", "no real prospect of removing", "protection visa", "reasonably foreseeable future", "risk to the Australian community", "unlawful non‑citizen", "unreasonably".
GXT25 v Minister for Immigration and Citizenship [2026] HCA 32
Administrative law – Judicial review – Where delegate refused application for Protection (Subclass 866) visa – Where plaintiff claimed protection on basis of fear of harm by reason of religion –Where plaintiff subsequently raised fear of harm by reason of sexual orientation – Where delegate found sexual orientation claim fabricated – Whether denial of procedural fairness – Whether delegate required to notify plaintiff of adverse inference arising from delay – Whether delegate failed to comply with s 57 of Migration Act 1958 (Cth) by failing to provide particulars of country information and invite comment – Whether delegate's decision illogical, irrational or unreasonable – Whether extension of time should be granted. Words and phrases – "adverse inference", "constitutional writ", "country information", "extension of time", "fabricated claim", "illogicality", "irrationally", "judicial review", "jurisdictional error", "merits review", "opportunity to comment", "procedural fairness", "protection visa", "request for further information", "sexual orientation", "significant harm", "unreasonableness".
Plaintiff S32/2026 v Minister for Immigration and Citizenship [2026] HCA 27
Administrative law – Judicial review − Where delegate refused application for Protection (Class XA) (Subclass 866) visa ("Visa Decision") − Where delegate considered country information prepared by Department of Foreign Affairs and Trade − Where delegate concluded plaintiff could obtain protection from authority of Nepal − Where plaintiff sought merits review of Visa Decision in Administrative Review Tribunal ("Tribunal") − Where Tribunal dismissed merits review application due to plaintiff's non‑appearance − Where plaintiff applied to Tribunal to reinstate merits review application − Where Tribunal confirmed dismissal of merits review application − Where plaintiff applied to High Court for constitutional or other writ in respect of Visa Decision − Whether application abuse of process − Whether Visa Decision affected by jurisdictional error − Whether extension of time should be granted. Words and phrases – "abuse of process", "constitutional writ", "country information", "extension of time", "illogically", "irrationally", "judicial review", "jurisdictional error", "mandatory obligation", "merits review", "protection finding", "protection visa", "significant harm", "unreasonably".
Plaintiff M98/2025 v Minister for Immigration and Citizenship [2026] HCA 26
Administrative law – Judicial review – Visas – Where plaintiff applied for protection (subclass 866) visa – Where evidence plaintiff assigned female gender at birth but identifies as male – Where plaintiff wished to undergo gender-affirming surgery – Where delegate erroneously construed plaintiff's answers in interviews as stating he no longer wished to undertake gender-affirming surgery – Where plaintiff did not assert he feared harm by reason of transgender status – Whether delegate committed jurisdictional error – Whether inability to access gender-affirming surgery in country of origin of itself capable of amounting to "serious harm" or "significant harm" – Whether failure to consider report by Department of Foreign Affairs and Trade – Whether delegate's obligation extends to addressing a claim not identified. Words and phrases – "claims for protection", "complementary protection", "constitutional or other writ", "country information", "cruel or inhuman treatment or punishment", "degrading treatment or punishment", "denial of access to basic services", "failure to consider", "gender-affirming surgery", "gender identity", "illogical, irrational or unreasonable", "materiality", "protection obligations", "protection visa", "real risk", "serious harm", "significant harm", "standards of civil societies", "transgender status", "well-founded fear of persecution".
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