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AnswerAre you a registered migration agent?Yes. Immigration assistance is given by Arash Barinder Singh (Arsh Dhillon), a registered migration agent.Who you are dealing with
AnswerAre you a lawyer?No. No Worries Migration is an Australian migration practice.Who you are dealing with
AnswerDo I need a migration agent?No. You are entitled to prepare and lodge your own application, and the Department publishes the forms and the requirements.Who you are dealing with
AnswerMy visa has been refused. What happens now?Read the decision letter first, and note the date you received it.If your visa is refused
AnswerWhat is merits review, and can you act for me at the Tribunal?Merits review means the Tribunal looks at the decision afresh on the facts and the law, and can make a different decision.If your visa is refused
AnswerWhat is judicial review? (general information)Judicial review is different from merits review.If your visa is refused
AnswerWhat is a jurisdictional error? (general information)Broadly, a jurisdictional error is a legal error that goes to whether the decision-maker had the authority to make the decision they made.If your visa is refused
AnswerCan you help me apply for judicial review?No. We do not provide immigration legal advice, and we do not prepare, file or run court proceedings for clients.If your visa is refused
AnswerWhere do I go for judicial review, or to find a lawyer?These are the official sources.If your visa is refused
AnswerWhat do you charge?It depends on the matter, so we quote on the matter rather than publishing a price list.Fees, and how we work
AnswerWhat happens to money I pay in advance?Money paid in advance for work not yet performed is held separately as client money and dealt with in accordance with the Code of Conduct .Fees, and how we work
AnswerCan you guarantee I will get the visa?No. A registered migration agent cannot guarantee that a visa will be granted or that a review will succeed.Fees, and how we work
AnswerWhat if I am not happy with the service?Notify us first – most problems are a misunderstanding and can be sorted out quickly.Fees, and how we work
AnswerDoes the job title have to match an occupation on the list?The job title is not what decides it – the actual duties are.Does the job title have to match an occupation on the list?
AnswerMy current visa has No Further Stay. Can I still be sponsored?Possibly. A No Further Stay condition has to be waived before another substantive visa can be granted onshore, but for a sponsored pathway there is a route that does not…What if my current visa has a No Further Stay condition?
AnswerMy nomination was refused. Can I go to the Tribunal?Only your employer can.When something goes wrong
AnswerMy visa was refused. What now?Send us the complete decision letter and notify us how it reached you.When something goes wrong
AnswerWhat if my employer withdraws the nomination, or the business closes?For the 186, the criteria require that the nomination has not been withdrawn and that the position is still available to you when the decision is made.When something goes wrong
AnswerCan the visa be granted before the nomination is approved?No, where the visa criteria require an approved nomination – which they do for the 482, the 494 and the 186.When something goes wrong
AnswerIs there a deadline I should worry about right now?If you are holding a letter from the Department or the Tribunal, assume there is, and check the date on it today.When something goes wrong
AnswerI have an employer willing to sponsor me. What do I check first?Before choosing a visa, get these seven things on the table: your actual duties (not the job title), the occupation those duties match, the salary and work location, your…If you are the worker
AnswerCan I apply in Australia if my current visa is about to expire?Possibly, but sponsorship does not override your current visa conditions or any bar on applying.If you are the worker
AnswerCan employer sponsorship lead to permanent residence?Sometimes, and not automatically.If you are the worker
AnswerWho applies – me, or my employer?Both of you. An employer-sponsored visa is not a single application – it is up to three decisions, each made separately, and each can be refused on its own: Sponsorship,…If you are the worker
AnswerCan I pay my employer to sponsor me?No. Asking for, offering, receiving or providing a benefit in return for sponsorship is an offence under the Migration Act.If you are the worker
AnswerDoes my business need to be an approved sponsor?For a standard 482, and for a 494 in the Employer Sponsored stream, yes.If you are the employer
AnswerDoes my business need a minimum turnover, size or trading history?There is no universal figure for any of the three.If you are the employer
AnswerCan a new business, or a sole trader, sponsor a worker?Potentially. Nothing excludes either by category.If you are the employer
AnswerCan I sponsor a family member, or someone already working for me?Neither is barred by relationship or by existing employment.If you are the employer
AnswerDoes the job have to be genuine?Yes, and it is the requirement most nominations actually turn on.If you are the employer
AnswerWhat is labour market testing, and how long do I have to advertise?Labour market testing asks the employer to show it has tested the Australian labour market before nominating an overseas worker, unless an exemption applies to the nomina…If you are the employer
AnswerDo we have to advertise the job first?Often, yes. Labour market testing applies to some employer-sponsored nominations unless an exemption applies.If you are the employer
AnswerWhat salary do we have to pay?Two separate questions, and clearing one does not clear the other.If you are the employer
AnswerWho pays the levy, and can I ask the worker to cover the costs?The nomination training contribution charge is the nominator's, and the nomination cannot be approved unless any debt for it has been paid in full.If you are the employer
AnswerWhat are my obligations once I am a sponsor?Sponsorship approval carries ongoing obligations, and they do not end when the visa is granted.If you are the employer
AnswerWhat happens if my sponsored employee resigns?It matters, and it is time-sensitive on both sides.If you are the employer
AnswerIs the 482 still called the TSS visa?No. In the Regulations it is now headed Skills in Demand.Am I eligible?
AnswerWhat are the requirements for a 482 visa?Three things have to line up, and they are decided separately: the employer , the position and you .Am I eligible?
AnswerWhich stream am I in?Three streams, and the employer's nomination decides which one.Am I eligible?
AnswerWhich occupations are eligible for a 482 visa?For the Core Skills stream, the occupation has to be on the Core Skills Occupation List , and the version that counts is the one in force when the nomination is made – no…Am I eligible?
AnswerHow many years of work experience do I need?Twelve months, and it does not have to be twelve months in a row.Am I eligible?
AnswerDoes part-time or casual work count?Yes. The Regulations say the work may have been carried out on a full-time, part-time or casual basis.Am I eligible?
AnswerDo I need a skills assessment for a 482 visa?Not for every occupation.Am I eligible?
AnswerIs there an age limit for a 482 visa?No. Part 482 contains no age criterion at all.Am I eligible?
AnswerDo I need health insurance?Yes, and it is both a criterion and a condition.Am I eligible?
AnswerDo I need an English test for a 482 visa?Yes, in the Specialist Skills and Core Skills streams, unless you are an exempt applicant.English requirements
AnswerWhat English score do I need for a 482 visa?At least 5.0 in each of listening, reading, writing and speaking on IELTS , or the matching component scores on another approved test.English requirements
AnswerWhich English tests are accepted for a 482 visa?Eight: IELTS Academic, IELTS General Training, PTE Academic, TOEFL iBT, the Occupational English Test (OET), CELPIP General, LANGUAGECERT Academic and the Michigan Englis…English requirements
AnswerCan I re-sit just one part of the English test?Yes. If you fell short in one component and re-sat it on a later day, the results from the original test day and the re-sit day are read together.English requirements
AnswerHow long is an English test result valid for a 482?Three years. The test day has to be no more than three years before the day you provide the evidence of your result.English requirements
AnswerI sat my English test before 13 September 2025. Does it still count?Yes, if you sat it within the three years before you applied and reached the older scores in a single attempt.English requirements
AnswerAm I exempt from the 482 English test?You are if you fall into one of five classes: you are a citizen of, and hold a valid passport issued by, Canada, New Zealand, the Republic of Ireland, the United Kingdom…English requirements
AnswerDo five years of study in English exempt me?Yes, if it was five years of full-time study in a secondary or higher education institution where the instruction was delivered in English.English requirements
AnswerDoes a high salary exempt me from the English test?Not on its own. Salary appears in only one exemption, and all three parts of it have to be met: you are employed by a company operating an established business overseas,…English requirements
AnswerDoes my professional registration exempt me from the English test?It can. You are exempt if your nominated occupation requires a licence, registration or membership, you have been granted it, and to get it you had to show English at lea…English requirements
AnswerDo my partner and children need to meet the English requirement?No. The criteria for family members applying with you contain no English requirement.English requirements
AnswerIs the English requirement different in the Labour Agreement stream?Yes. In the Labour Agreement stream the English requirement, if there is one, is whatever the work agreement specifies for the occupation and the visa.English requirements
AnswerWill my 482 English score be enough for a 186 later?Only if it reaches competent English.English requirements
AnswerCan I apply for a 482 visa from within Australia?Yes. You may be in or outside Australia when the visa is granted – the only place you cannot be is in immigration clearance.Applying
AnswerHow much does a 482 visa cost, and how long does it take?Both change, and both are published by the Department rather than fixed in the Regulations.Applying
AnswerDoes my employer have to be an approved sponsor?Yes, for a standard 482.Applying
AnswerWho pays – me or my employer?Some costs are the employer's by law and cannot be passed to you.Applying
AnswerHow long is a 482 visa granted for?Up to four years in most cases, and up to five years if you hold a Hong Kong passport.Once you hold the visa
AnswerWhat salary does the job have to pay?Two tests, and the higher one wins.Once you hold the visa
AnswerCan I bring my family?Yes. A member of your family unit can be granted a 482 on the secondary criteria, either by making a combined application with you or by being listed on the nomination.Once you hold the visa
AnswerCan I travel in and out of Australia?Yes. The 482 is a multiple-entry visa: it permits travel to and entry into Australia on multiple occasions during the visa period.Once you hold the visa
AnswerCan I study on a 482?The 482 carries no study condition.Once you hold the visa
AnswerCan I change employers on a 482 visa?Yes, but condition 8607 sets the boundaries and there is a clock.Once you hold the visa
AnswerWhat happens if I lose my job?The visa does not cease automatically, but the mobility period in condition 8607 starts running and the practical position is time-limited.Once you hold the visa
AnswerCan I work for another employer while I look for a new sponsor?Yes, but only within the mobility period.Once you hold the visa
AnswerDoes a 482 lead to permanent residence?Not by itself. The 482 is a temporary visa.Where the 482 leads
AnswerHow long do I have to work before I can go for the 186?For the Temporary Residence Transition stream the employer's nomination has to satisfy the qualifying employment rules in regulation 5.19, and those should be checked aga…Where the 482 leads
AnswerWhat happens if the nomination is refused?The nomination and the visa are separate decisions, and the visa cannot be granted unless the nomination has been approved and has not ceased.If something goes wrong
AnswerCan I appeal a 482 refusal?Sometimes. Whether a visa refusal is reviewable, and by whom, is set by legislation and depends on where you were when you applied and on the sponsorship position at the…If something goes wrong
AnswerWhat are the requirements for a 186 visa?There are common criteria that everyone has to meet, then the requirements of whichever stream you are in.Am I eligible?
AnswerWhich stream am I in?Three: Temporary Residence Transition , Direct Entry and Labour Agreement .Am I eligible?
AnswerDo I have to be under 45?At the time of application, yes, unless you are in a class of persons specified by the Minister in an instrument, or – in the Labour Agreement stream – the agreement itse…Am I eligible?
AnswerDo I need competent English?For the Temporary Residence Transition and Direct Entry streams, yes at the time of application, unless you are in a class specified by the Minister in an instrument.Am I eligible?
AnswerDo I need a skills assessment for a 186?For Direct Entry, generally yes.Am I eligible?
AnswerTemporary Residence Transition: how long do I have to have worked?Two years, inside the three years before you apply.Am I eligible?
AnswerI changed 482 employers. Does my earlier employment still count?It can. The two years is employment by an approved work sponsor in the occupation the visa was granted for, and the criteria do not require all of it to be with one busin…Am I eligible?
AnswerDirect Entry: how many years of work do I need?Three years. You must have been employed in the occupation for at least three years on a full-time basis and at the level of skill the occupation requires, unless you are…Am I eligible?
AnswerI hold a 491 or 494. Can I go straight to the 186?Not immediately. If you hold a regional provisional visa, or your last substantive visa was one, you must have held it for at least three years at the time of application…Am I eligible?
AnswerDoes my employer need to be an approved sponsor?Not as a separate application.Am I eligible?
AnswerCan I apply for a 186 from within Australia?Yes. You may be in or outside Australia when the visa is granted, but not in immigration clearance.Applying
AnswerHow long after the nomination is approved do I have to lodge?Six months, and it applies to Temporary Residence Transition and Direct Entry alike.Applying
AnswerWhat salary does the nomination have to meet?For subclass 186 nominations lodged 1 July 2026 to 30 June 2027, the Core Skills Income Threshold of AUD 79,423 applies.Applying
AnswerCan my family be included?Yes. A member of your family unit can be granted a 186 on the secondary criteria.Applying
AnswerIs the 186 permanent straight away?Yes. The 186 is a permanent visa from the day it is granted.Once you hold it
AnswerAre there conditions on a 186?Very few. If you are outside Australia when it is granted, a first entry date is specified, and condition 8515 may be imposed on a family member granted on the secondary…Once you hold it
AnswerDo I have to stay with the employer after the 186 is granted?No visa condition ties you to the nominating employer once the 186 is granted.Once you hold it
AnswerCan I change employer while my 186 application is pending?Not safely. The visa can only be granted while the nominated position is still available to you, so resigning before a decision generally ends the application.Once you hold it
AnswerWhat if the nomination is refused?The nomination and the visa are separate decisions and the visa cannot be granted unless the nomination has been approved and has not been withdrawn.If something goes wrong
AnswerWhat if I turn 45 before I apply?The age is tested at the time of application, so turning 45 before you lodge is decisive unless you fall within a class specified by the Minister in an instrument, or the…If something goes wrong
AnswerWhat are the requirements for a 494 visa?Common criteria first: the public interest and special return criteria, an approved nomination that has not ceased, a genuine intention to perform the occupation and a ge…Am I eligible?
AnswerWhich stream am I in?Two: Employer Sponsored and Labour Agreement .Am I eligible?
AnswerDo I have to be under 45?At the time of application, yes, unless circumstances specified by the Minister in an instrument apply.Am I eligible?
AnswerDo I need competent English?In the Employer Sponsored stream, yes at the time of application, unless specified circumstances apply.Am I eligible?
AnswerDo I need a skills assessment?In the Employer Sponsored stream, generally yes.Am I eligible?
AnswerHow many years of experience do I need?Three years. At the time of application you must have been employed in the nominated occupation for at least three years on a full-time basis and at the level of skill th…Am I eligible?
AnswerWhat salary must the job pay?For subclass 494 nominations lodged 1 July 2026 to 30 June 2027, the Temporary Skilled Migration Income Threshold is AUD 79,423 .Am I eligible?
AnswerDoes my employer need to be a standard business sponsor?For the Employer Sponsored stream, yes .Am I eligible?
AnswerWhat is the regional body’s role in a 494?A regional certifying body assesses whether the job pays the annual market salary rate, and gives that advice to the Department as part of your employer’s nomination.Am I eligible?
AnswerWhat counts as regional Australia for a 494?The Department’s current position is that designated regional areas include all of Australia except Sydney, Melbourne and Brisbane .The regional requirement
AnswerIs the Gold Coast regional for a 494?Yes, on the current settings.The regional requirement
AnswerWhere do I have to live, work and study?Only in a designated regional area, for as long as condition 8579 applies.The regional requirement
AnswerCan I apply from within Australia?Yes. You may be in or outside Australia when the visa is granted, but not in immigration clearance.The regional requirement
AnswerCan my family come?Yes. Members of your family unit can be granted a 494 on the secondary criteria and their visa runs for five years from the date your visa was granted, not from theirs.The regional requirement
AnswerHow long is a 494 granted for?Five years from the date of grant.Once you hold it
AnswerWhat conditions apply to a 494?Five, and all of them are mandatory on the primary visa.Once you hold it
AnswerCan I change employers on a 494?Yes, within the limits of condition 8608, and the new position still has to be in a designated regional area.Once you hold it
AnswerHow do I get permanent residence from a 494?Through the subclass 191 , and you can generally apply once you have held the 494 for at least three years.Getting to permanent residence
AnswerIs there a minimum income requirement for the 191?No. The Department states plainly that there is no minimum income requirement for the subclass 191 Regional Provisional stream.Getting to permanent residence
AnswerDo I have to stay with the same employer for three years to get the 191?No. The 191 asks whether you held an eligible 491 or 494 for the required period, provided the Notices of Assessment and complied with the conditions of that visa.Getting to permanent residence
AnswerDoes the 191 have to be decided before my 494 expires?No. What has to happen inside the life of the 494 is the application, not the decision.Getting to permanent residence
AnswerCan I apply for a partner visa or a 186 while I hold a 494?Not in the first three years, in most cases, and this catches people whose circumstances change.Getting to permanent residence
AnswerDo I have to stay in the region the whole time?Yes, while the regional condition applies to you.Getting to permanent residence
AnswerWhat if the nomination is refused?A nomination refusal is generally fatal to the visa application attached to it, because the visa cannot be granted unless the nomination has been approved under section 1…If something goes wrong
AnswerIs it one application or two?Two, made together. The 820 application must be made at the same time and place as the 801 application, and offshore the 309 must be made at the same time and place as th…Which partner visa applies?
AnswerWe are engaged but not married yet. Is there a visa for that?The Prospective Marriage visa, subclass 300.Which partner visa applies?
AnswerCan our children be included in the application?A dependent child can be included.Which partner visa applies?
AnswerDo we have to be married?No. The Act recognises both a spouse and a de facto partner , and the partner visas are open to either.Do we have to be married?
AnswerWe have not been together 12 months. Is that the end of it?Not necessarily. The 12-month requirement does not apply where the relationship is registered under a State or Territory law prescribed for this purpose.What if we have not been together 12 months?
AnswerWhat does the Department consider?Four areas, set out in the Regulations: the financial aspects of the relationship; the nature of the household; the social aspects of the relationship; the nature of your…How do we prove the relationship?
AnswerHow much evidence is enough?There is no prescribed number of documents.How do we prove the relationship?
AnswerDo we need a joint bank account?No. Nothing is compulsory simply because it is commonly used.How do we prove the relationship?
AnswerCan we rely only on Form 888 declarations?No. Statements from friends and family can support the social and overall relationship evidence, but they do not replace evidence about the couple's own financial arrange…How do we prove the relationship?
AnswerDo we have to be living together?Not always. The statutory definitions require that the couple live together, or do not live separately and apart on a permanent basis.How do we prove the relationship?
AnswerI am in Australia. Can I automatically apply for an 820/801 because my partner is Australian?No. The relationship is only one part of the assessment.Can I apply for a partner visa in Australia?
AnswerI hold a subclass 491 or 494 visa. Can I apply for an onshore partner visa?Not until you have held that visa for three years.Can I apply for a partner visa in Australia?
AnswerI am in Australia on a visitor visa. Can I apply for a partner visa here?Three things about your own visa decide it, and each is explained on this page: The conditions on your visitor visa.From a visitor visa to a partner visa
AnswerHas the Government changed visitor visas so I cannot apply for a partner visa in Australia?Not in law, as at the announcement.From a visitor visa to a partner visa
AnswerI am planning to come to Australia on a visitor visa and apply for a partner visa. What should I check first?Read your visitor visa grant notice when it arrives.From a visitor visa to a partner visa
AnswerWhat does “section 48 barred” mean?Section 48 can apply to a person who is in Australia, does not hold a substantive visa, and since last entering Australia has had a visa application refused or a visa can…Can I apply for a partner visa if section 48 applies?
AnswerI had a Student or Visitor visa refused and now hold a bridging visa. Can I apply?Potentially. A Student, Visitor or other non-partner refusal after your last entry can cause section 48 to apply once you no longer hold a substantive visa.Can I apply for a partner visa if section 48 applies?
AnswerI previously had a partner visa refused. Can I lodge another 820/801 in Australia?Possibly not, and it turns on which visa was refused.Can I apply for a partner visa if section 48 applies?
AnswerDoes leaving Australia on a Bridging Visa B reset section 48?No. The Act provides that a person who leaves and re-enters the migration zone while holding a bridging visa is taken to have been continuously in the migration zone for…Can I apply for a partner visa if section 48 applies?
AnswerWhat is Schedule 3, and how is it different from section 48?They are separate questions.What is Schedule 3, and when does it apply?
AnswerMy visa expired more than 28 days ago. Does that mean I cannot apply?Not automatically, but it can make the application substantially more complex.What is Schedule 3, and when does it apply?
AnswerI am on a bridging visa. Does that always mean Schedule 3 applies?Generally yes, because a bridging visa is not a substantive visa.What is Schedule 3, and when does it apply?
AnswerMy visa has condition 8503 “No Further Stay”. Can I still lodge?Not unless the condition has been waived.What if my visa has a No Further Stay condition?
AnswerWork rights at a glanceThe first question is always which visa is currently in effect .Can I work while my partner visa is being processed?
AnswerDo I automatically get work rights when I lodge an onshore partner visa?Not immediately in every case.Can I work while my partner visa is being processed?
AnswerI lodged while holding a Visitor visa. Can I start working?Not merely because the partner application was lodged.Can I work while my partner visa is being processed?
AnswerI lodged while holding a Student visa. Do the study and work limits disappear?No. Student visa conditions continue to apply for as long as the Student visa remains in effect.Can I work while my partner visa is being processed?
AnswerI am section 48 affected. Will I still get a BVA with full work rights?Do not assume so. A person to whom section 48 applies may still be able to make a valid Partner (Residence) Class BS application, because that class is prescribed for sec…Can I work while my partner visa is being processed?
AnswerI have a Bridging Visa C. Can I work after lodging the partner visa?Not automatically. A BVC granted in the ordinary circumstances of an applicant who does not hold a substantive visa can be subject to condition 8101 – no work .Can I work while my partner visa is being processed?
AnswerI have a Bridging Visa E. Does lodging a partner visa give me work rights?No. Work rights are not automatic merely because a valid partner application has been lodged.Can I work while my partner visa is being processed?
AnswerWhat evidence is needed to ask for work rights on financial hardship?Where work rights depend on establishing financial hardship, the evidence should show the person's actual financial position.Can I work while my partner visa is being processed?
AnswerWhat work rights do I have once the subclass 820 is granted?The Regulations prescribe nil conditions for the subclass 820, so the visa itself contains no condition restricting work or study.Can I work while my partner visa is being processed?
AnswerCan I travel overseas while my 820 is being processed?If you are relying on a Bridging Visa A , that is not the visa used to leave Australia and return.Can I travel overseas while the application is being processed?
AnswerI have a Bridging Visa C or E. Can I get a Bridging Visa B to travel?Generally a Bridging Visa B applicant must currently hold a Bridging Visa A or Bridging Visa B.Can I travel overseas while the application is being processed?
AnswerWill leaving Australia cancel my partner visa application?Travelling while an onshore partner application is pending does not automatically mean the application is withdrawn, but the effect on your bridging visa and on your abil…Can I travel overseas while the application is being processed?
AnswerWhat is the difference between the 309 and the 820?The subclass 309/100 pathway is applied for while the applicant is outside Australia.What if we are applying from outside Australia?
AnswerCan I visit Australia while my 309 is being processed?Potentially, if you separately hold or obtain a visa that allows the visit.What if we are applying from outside Australia?
AnswerMy partner has sponsored someone before. Can they sponsor me?Possibly. Regulation 1.20J imposes numerical and five-year limits on partner sponsorships.Who can sponsor a partner visa applicant?
AnswerMy sponsor only recently became a permanent resident through their own partner visa.A previous partner permission granted to the proposed sponsor can engage the five-year sponsorship restriction.Who can sponsor a partner visa applicant?
AnswerMy sponsor has a criminal record. Does that stop the partner visa?Not every conviction prevents sponsorship.Who can sponsor a partner visa applicant?
AnswerHow long until permanent residence?Generally at least two years from the date the combined application was made.When is the permanent visa decided?
AnswerDo I need to lodge another visa application for the 801 or 100?The permanent stage forms part of the combined partner application, so a new ordinary partner visa application is not lodged and there is no second ordinary partner visa…When is the permanent visa decided?
AnswerWhat if I am granted another visa while waiting for the 801 or 100?Get advice before applying for or accepting another substantive visa.When is the permanent visa decided?
AnswerDo we always have to wait two years for the permanent visa?No. The usual rule is that at least two years must have passed since the application was made before the permanent stage is decided.When is the permanent visa decided?
AnswerMy 820 ceased when the 801 was refused and the Tribunal sent it back. Can the 801 still be granted?There is a provision for this.When is the permanent visa decided?
AnswerWe married after lodging as de facto partners. Do we need to tell the Department?Yes. Changes in relationship status and other material circumstances should be updated with the Department.What if something changes after we lodge?
AnswerWe had a baby after lodging. What should we do?Notify the Department and update the application with the child's details and supporting documents.What if something changes after we lodge?
AnswerCan I change sponsor after lodging?Generally, a new partner cannot simply be substituted into the existing partner visa application.What happens if the relationship ends?
AnswerWhat happens if our relationship ends before the permanent visa?Ordinarily the relevant criteria require the relationship with the sponsoring partner to continue.What happens if the relationship ends?
AnswerMy sponsor died before the temporary visa was even decided. Does that end it?There is a provision for the temporary stage as well, not only the permanent one.What happens if the relationship ends?
AnswerMy sponsor has died. Is the application over?Not necessarily. The Regulations contemplate exactly this.What happens if the relationship ends?
AnswerOur relationship has ended but we have a child together. Is there a pathway?There may be. Separately from the family-violence provisions, the Regulations provide for an applicant whose relationship has ceased where the applicant has custody or jo…What happens if the relationship ends?
AnswerI am experiencing family violence. Do I have to stay with my sponsor?No. Australian partner visa law contains family-violence provisions so that an eligible applicant is not required to remain in a violent relationship solely because of th…What if I am experiencing family violence?
AnswerHow does the law decide that family violence has been experienced?It is defined, and there are four routes.What if I am experiencing family violence?
AnswerThere is no court order. Can a claim still be made?Yes. That is what the non-judicially determined route is for.What if I am experiencing family violence?
AnswerWho actually decides whether the violence happened?On a non-judicially determined claim, if the Minister is not satisfied that the alleged victim experienced the violence, the Regulations require the Minister to seek the…What if I am experiencing family violence?
AnswerWill what I put in the statutory declaration be used against me elsewhere?The Regulations restrict where these documents can be used.What if I am experiencing family violence?
AnswerI am offshore on a 309 and the relationship has ended because of family violence. Does the provision still help me?Read the clause carefully, because the offshore provision is not identical to the onshore one.What if I am experiencing family violence?
AnswerDoes it matter if something in our history looks bad?False or misleading information, or bogus documents, can engage public interest criterion 4020.What happens if information in the application is wrong?
AnswerOur partner visa was refused. Can we go to the ART?Some partner visa refusals are reviewable by the Administrative Review Tribunal , but not every refusal carries the same review rights, and the person entitled to apply i…What if the partner visa is refused?
AnswerOur 309 was refused. Who applies to the Tribunal – me or my sponsor?For an offshore partner visa refusal, the review right belongs to the sponsor , not the visa applicant.What if the partner visa is refused?
AnswerHow long do we have to apply to the ART, and can that time be extended?The Act sets the period and then removes the power to extend it.What if the partner visa is refused?
AnswerWhat is the difference between them?The 189 is independent – no nomination, no sponsor, permanent from grant.What is the difference between the 189, 190 and 491?
AnswerMy visa has a No Further Stay condition. Does that stop a skilled visa?Not necessarily, and this is one of the few places where a No Further Stay condition has a way through that does not depend on hardship.What do all three visas require?
AnswerWhen is my eligibility measured?At the time of invitation.What do all three visas require?
AnswerWhat happens if I am over 45?In practice you are unlikely to be invited at all.What do all three visas require?
AnswerI already hold a 491 or a 494. Can I apply for a 189 or 190?Not immediately. If you hold, or last held, a 491 or 494, you must have held it for at least three years when you apply, unless the Minister has specified circumstances t…What do all three visas require?
AnswerWhat if my skills assessment or English test expired before I was invited?Then it was not in place when the law measures you, which goes to whether you met the criteria at all.When do I need a skills assessment?
AnswerDoes competent English earn me points?No. Competent English is the threshold you have to meet to qualify at all.What English do I need?
AnswerHow are points awarded?Points are prescribed in a Schedule with fourteen Parts.How are points awarded?
AnswerCan my partner's skills add points?Yes, there is a Part of the points test for partner qualifications.How are points awarded?
AnswerCan I just apply for a 189 or a 190?No. These are invitation-only visas.What is an Expression of Interest?
AnswerMy State nomination was withdrawn. What does that do?It goes to whether the visa can be granted.What does State or Territory nomination do?
AnswerWho can sponsor me for a 491?Either a State or Territory government agency nominates you, or an eligible relative sponsors you.What does State or Territory nomination do?
AnswerDoes more points always mean an invitation?No. Points get you into the pool and rank you within it.How are invitations issued?
AnswerWhat conditions come with a 491?Four conditions must be imposed.What conditions come with a subclass 491?
AnswerWhat does the 191 require?There is no points test, no invitation, no English requirement and no skills assessment at this stage.How does a 491 lead to permanent residence?
AnswerIs it just three years and then permanent residence?It is tighter than that.How does a 491 lead to permanent residence?
AnswerIs there a minimum income for the 191?No. The Regulations contain a taxable-income limb, but it is drafted entirely by reference to an amount specified in a legislative instrument, and it says the Minister ma…How does a 491 lead to permanent residence?
AnswerWhat conditions apply to a 191?None. The 191 is a permanent visa and the Regulations impose no conditions on it.How does a 491 lead to permanent residence?
AnswerMy application was refused. Can I go to the Tribunal?Sometimes, and the decision letter is what tells you.What if my application is refused?
AnswerCan I still apply for a subclass 132 Business Talent visa?No. The Subclass 132 (Business Talent) visa was repealed on 1 July 2021, so no new application can be made.What happened to the subclass 132 Business Talent visa?
AnswerMy subclass 132 application was refused. Can the ART review it?It depends on where you were when you applied.What happened to the subclass 132 Business Talent visa?
AnswerWho can apply for a 485 visa?International students who have recently finished study in Australia.Who can apply for a 485 visa?
AnswerWhat is the age limit for a 485 visa?35 or younger when you apply.Who can apply for a 485 visa?
AnswerDo I need to hold a student visa when I apply?Usually, but not always.Who can apply for a 485 visa?
AnswerDo I have to be in Australia to apply?For a first 485, yes.Who can apply for a 485 visa?
AnswerI have held a 485 visa before. Can I get another one?Only in limited cases.Who can apply for a 485 visa?
AnswerMy visa has condition 8534. Can I still apply for a 485?Yes. Condition 8534 stops the holder being granted most substantive visas in Australia, but it expressly carves out the subclass 485.Who can apply for a 485 visa?
AnswerWhat is the difference between the Post-Higher Education Work and Post-Vocational Education Work streams?The kind of qualification you hold.Which 485 stream applies to you?
AnswerWhich qualifications count for the Post-Higher Education Work stream?A bachelor degree, a masters degree, a doctoral degree, or a graduate diploma, awarded by an Australian educational institution under the Australian Qualifications Framew…Which 485 stream applies to you?
AnswerDoes my diploma have to match my occupation?Yes, for the Post-Vocational Education Work stream.Which 485 stream applies to you?
AnswerCan I change stream after I apply?No. The application nominates one stream and there is nothing in the Regulations that lets you switch once it is lodged.Which 485 stream applies to you?
AnswerWhat study counts towards a 485?The course or courses must, together: be registered (CRICOS) courses; have been completed in a total of at least 16 calendar months ; add up to at least two academic year…The study requirement and the six-month deadline
AnswerWhen does the six months to apply start?From the day you completed the course, which means the day you were told you had met all the academic requirements.The study requirement and the six-month deadline
AnswerMy results were held back because I owed fees. Does that change the date?No. If your results were withheld over unpaid fees or a library fine, the Department generally treats completion as the date you met the academic requirements.The study requirement and the six-month deadline
AnswerI finished more than six months ago. Is there any way to apply?Not for a first 485. The six months is written into the criteria for both streams, and the concession that once extended it for students caught outside Australia by COVID…The study requirement and the six-month deadline
AnswerWhat English test score do I need for a 485?For IELTS Academic or General Training, an overall band of at least 6.5 , with at least 5.5 in each of the four components.English language requirements
AnswerDo I need an English test if I have a UK, US, Canadian, New Zealand or Irish passport?No. Holding a passport of a type the Minister specifies satisfies the requirement, and the specified passports are those of the United Kingdom, the United States, Canada,…English language requirements
AnswerWhat documents must be included when I apply?Three things have to be with the application when it is made .What must be lodged with the application
AnswerWhich police check do I need?An Australian Federal Police check.What must be lodged with the application
AnswerWhat health insurance do I need?Adequate health insurance, evidenced when you apply and held continuously from then on.What must be lodged with the application
AnswerDo I need a skills assessment?Only for the Post-Vocational Education Work stream.What must be lodged with the application
AnswerHow long is a 485 visa?It depends on the stream and what you studied.How long is a 485 visa?
AnswerI have an Indian passport. Is my 485 longer?It can be. Under the Australia–India Economic Cooperation and Trade Agreement, Indian nationals in the Post-Higher Education Work stream keep the longer periods: bachelor…How long is a 485 visa?
AnswerCan I get a second Post-Higher Education Work visa?Yes, if the regional requirements are met.A second 485 in a regional area
AnswerWhich areas count as regional for a second 485?The Department works with two categories.A second 485 in a regional area
AnswerWhat evidence shows I lived in a regional area?Anything that shows your home address over the two years.A second 485 in a regional area
AnswerWhat is condition 8610?The condition on a second Post-Higher Education Work visa granted on the regional basis, and on the family members who come with it.A second 485 in a regional area
AnswerCan my partner and children come on my 485?Yes. Members of your family unit can be included in your application, or can apply separately later to join you once you hold the visa.Partners and children
AnswerCan my partner work on a 485?Part 485 imposes no condition limiting work, for you or for your family members.Partners and children
AnswerHow long do family members get?Family members are generally granted a visa that ends on the same date as the main applicant’s.Partners and children
AnswerHow much does a 485 visa cost?From 1 July 2026, the base charge for most applicants is $5,750 .Cost and applying
AnswerHow do I apply?Online, through ImmiAccount.Cost and applying
AnswerWill I get a bridging visa while my 485 is processed?If you held a substantive visa, such as your student visa, when you made a valid 485 application in Australia, you can be granted a Bridging A visa that keeps you lawful…Cost and applying
AnswerCan a 485 lead to permanent residence?Not directly. The 485 has no permanent stage of its own.After the 485
AnswerMy 485 application was refused. What now?Read the decision record for the review deadline first.After the 485
AnswerWhat does the estimate cover?The visa application charge the Department will ask for when you apply, including any charge for family members and the subsequent temporary application charge.How visa application charges work
AnswerWhat makes up the visa application charge?Two instalments. The first is paid when you apply.How visa application charges work
AnswerWhat is the subsequent temporary application charge?An extra charge on some temporary visas applied for in Australia, where the visa you hold now, or the last substantive visa you held, was also applied for in Australia.How visa application charges work
AnswerWhy does the fee depend on my passport?Some visas carry a lower charge for holders of particular passports.How visa application charges work
AnswerCan the charge be refunded?Only in the circumstances the Regulations list or the Minister specifies.How visa application charges work
AnswerDoes the estimate include your professional fees?No. The estimate is the Government’s charge only.How visa application charges work
AnswerDoes the processing order decide whether my visa is granted?No. A processing Direction sets the order in which the Department reaches applications.How processing priorities work
AnswerDoes a new Direction apply to an application I lodged before it started?For the skilled and family Directions, yes.How processing priorities work
AnswerCan my application be moved up the queue?Only in limited cases, and the test differs by Direction.How processing priorities work
AnswerWhat if the Tribunal sends my application back to the Department?It depends on the visa.How processing priorities work
AnswerWhy has the published processing time gone backwards?The Department’s notes on the skilled visas say that, as it moves applications onto the new priorities under Directions 121 and 122, processing timeframes may fluctuate.How processing priorities work
AnswerWhat do the 25%, 50%, 75% and 90% figures mean?They come from the Department’s processing time guide, which it says is based on how long it has taken to process recently decided applications .How processing priorities work
AnswerWhat is the difference between a 600 and an eVisitor?The eVisitor is limited to holders of an eVisitor eligible passport, and it can only be granted while you are outside Australia.What is the difference between a subclass 600 and an eVisitor?
AnswerCan I work on a visitor visa?No. Condition 8101 prohibits work and it is mandatory on the Tourist and Sponsored Family streams.Can I work or study on a visitor visa?
AnswerCan I study while I am here?Up to three months. Condition 8201 caps study or training at that, and it is imposed on visitor and eVisitor visas.Can I work or study on a visitor visa?
AnswerCan I keep extending a visitor visa?Not indefinitely. A visitor visa cannot be granted if the grant would let you stay in Australia for more than 12 consecutive months on a combination of visitor visas, Wor…Can I keep extending a visitor visa?
AnswerMy visitor visa has expired and I am still here.Applying onshore is much harder in that position.Can I apply for another visa if my current one has expired?
AnswerWhat is the subclass 400 for?Short, highly specialised, non-ongoing work.What is the subclass 400 Short Stay Specialist visa for?
AnswerHow long does a 400 last?Six months after first entry is the ceiling, not an entitlement.What is the subclass 400 Short Stay Specialist visa for?
AnswerCan I do any work on a 400?Only the work the visa was granted for.What is the subclass 400 Short Stay Specialist visa for?
AnswerCan I perform or work on a production on a 400?No. The Highly Specialised Work stream excludes performing as an entertainer under a contract or for non-profit purposes, supporting entertainers, and taking part in film…What is the subclass 400 Short Stay Specialist visa for?
AnswerWhat does the 408 actually cover?A list of specified activities rather than a single purpose.What does the subclass 408 Temporary Activity visa cover?
AnswerHow long can a 408 be granted for?It depends which clause you come in under.What does the subclass 408 Temporary Activity visa cover?
AnswerI am pursuing a claim against an employer who exploited me.There is a workplace justice clause in the 408, and a visa granted on that basis can run for up to four years.What does the subclass 408 Temporary Activity visa cover?
AnswerWhat else does the 408 require?Adequate health insurance for your stay, adequate means to support yourself, and that you do not already hold a permanent visa or a temporary visa the Minister has specif…What does the subclass 408 Temporary Activity visa cover?
AnswerWhat does No Further Stay prevent?Condition 8503 means that once you have entered Australia you are not entitled to be granted another substantive visa while you remain here.What if my visa has a No Further Stay condition?
AnswerCan condition 8503 be waived?Yes, and there is more than one route.What if my visa has a No Further Stay condition?
AnswerIf 8503 is waived on the skilled route, can I then apply for anything?No. Where condition 8503 has been waived under that provision, an application for a substantive visa is valid only if it is for a General Skilled Migration visa, or a sub…What if my visa has a No Further Stay condition?
AnswerDoes breaching a condition matter if nobody notices?It matters later. Two of these visas are decided partly on whether you complied substantially with the conditions on your last visa, so a breach follows you into the next…What happens if I breach a visa condition?
AnswerMy application was refused. Can I go to the Tribunal?Often not. Visitor refusals are the area where review rights most often do not exist, so read the decision letter before assuming there is one.My visitor visa was refused. Can I go to the Tribunal?
AnswerMy application has been refused. What do I do first?Read the letter and work out two dates: the date of the decision, and the day you are taken to have been notified of it.What should the refusal letter tell you?
AnswerWhich date does the deadline run from?From the day you are notified , and the Act fixes that day rather than leaving it to when the letter was opened ( s.494C ).How long do I have to apply for review?
AnswerThe letter went to my agent, not to me.If an authorised recipient has been named, the Department gives the document to that person, and doing so counts as giving it to you ( s.494D ).How long do I have to apply for review?
AnswerCan the time be extended if I have a good reason?No. The Tribunal’s general power to extend the period for applying is switched off for migration and protection decisions ( s.347(5) ), and the fee has to be paid as part…How long do I have to apply for review?
AnswerMy letter says there is no right of review. Is that the end of it?Often it is. Not always, though: review rights turn on which subsection of s.338 your decision falls under, and some of the gateways depend on facts inside your own appli…Does my refusal carry a right of review?
AnswerI applied from outside Australia. Do I have anything?Sometimes. An offshore refusal is reviewable where the visa required a sponsor or nominator who is an Australian citizen, a permanent visa holder, an eligible New Zealand…Does my refusal carry a right of review?
AnswerI was refused. Is the review mine to lodge?For an onshore visa refusal, yes, and you must be in Australia when you make the review application ( s.347A(1)(a), s.347A(2) ).Who is entitled to apply for the review?
AnswerOur nomination was refused. Can the worker apply for the review?No. A decision under s.140GB(2) to refuse to approve a nomination is a reviewable decision ( reg 4.02(4)(d) ), and the person who may apply is the person who made the nom…Who is entitled to apply for the review?
AnswerThe business was refused approval as a sponsor.That is a decision under s.140E and it is separately reviewable ( reg 4.02(4)(a) ).Who is entitled to apply for the review?
AnswerWhy did we get more than one refusal letter?Because employer sponsorship is built as separate decisions.Sponsorship, nomination and the visa are three decisions.
AnswerThe nomination was refused and the worker’s visa was refused too.Read them as two files with two deadlines.Sponsorship, nomination and the visa are three decisions.
AnswerWhat can the Tribunal do?It reviews the decision on the merits, which means it decides the matter again on the material before it ( s.348 ).What does the Tribunal do, and what does it cost?
AnswerWhat does it cost?A fee is prescribed by the Regulations and is payable as part of making the application, not afterwards ( s.347(2)(c) , reg 4.13(1) ).What does the Tribunal do, and what does it cost?
AnswerHow long will it take?The Act sets no general period for deciding a migration review.What does the Tribunal do, and what does it cost?
AnswerWill there be a hearing?Usually, but not always.Will there be a hearing, or is it decided on the papers?
AnswerCan I ask for my review to be expedited?Yes, and in some cases you do not have to ask.Can I ask the Tribunal to deal with my case sooner?
AnswerWhat counts as exceptional circumstances?The Tribunal gives three examples of when it may be satisfied a review is urgent and it is appropriate to expedite it: expediting the review will result in a child under…Can I ask the Tribunal to deal with my case sooner?
AnswerHow is the request made?The Tribunal sets a different route for each ground.Can I ask the Tribunal to deal with my case sooner?
AnswerDoes asking change my deadline?No. Expedition is about how quickly a review that has already been made is dealt with.Can I ask the Tribunal to deal with my case sooner?
AnswerIf we win the nomination review, does the worker get the visa?Not automatically. The Tribunal can set the nomination refusal aside and send it back, and it can order that the nomination is taken to have met a specified criterion for…If the Tribunal sends it back, do I get the visa?
AnswerIs there anything after the Tribunal?There is a request for Ministerial intervention.What is there after the Tribunal?
AnswerCan I appeal the Tribunal’s decision to a higher panel?Not within the Tribunal.What is there after the Tribunal?
AnswerWhat does No Worries Migration do at this stage?We answer requests for information and comment before a decision is made, we prepare and run merits review at the Administrative Review Tribunal, and we prepare Ministeri…What is there after the Tribunal?
AnswerThe refusal was made under section 501.Then it is not a Part 5 review.Character refusals run on a different clock.
AnswerWhat is the 84-day rule?A section 501 review left undecided for 84 days is taken to be affirmed.Character refusals run on a different clock.
AnswerCan I just apply again?Offshore, generally yes.Can I just apply again after a refusal?
AnswerThe refusal mentioned public interest criterion 4020.That is the bogus document and false or misleading information criterion.Exclusion periods and the integrity criteria.
AnswerI have been told there is a three-year exclusion.Two criteria do this.Exclusion periods and the integrity criteria.
AnswerWhat happens to my status while the review runs?Your status is decided separately from the review.What happens to my status while the review runs?
AnswerIs a NOICC the same as a visa cancellation?No. A notice of intention to consider cancellation means the Department is considering whether to cancel and is giving you an opportunity to respond under the relevant pr…If you have received a notice
AnswerWhat should I do first if I receive a notice?Read the whole notice, identify the provision it names and check the response date.If you have received a notice
AnswerHow long do I have to respond?There is no single period that safely covers every kind of cancellation notice.If you have received a notice
AnswerCan I ask for more time to respond?Where the period is a prescribed one, the Act allows the Minister to extend it by a prescribed further period, and the Regulations prescribe 5 working days.If you have received a notice
AnswerWhat if I do not respond?The decision can be made without you.If you have received a notice
AnswerShould I respond if I think the Department has it plainly wrong?Yes. If you have been invited to respond, the invitation is the opportunity to correct it.If you have received a notice
AnswerThe notice does not say what information they are relying on.It is meant to. Section 120 requires the decision-maker to give you particulars of the relevant information: information that would be the reason or part of the reason fo…If you have received a notice
AnswerShould I send every document I have?No. A focused response is more useful than an unsorted bundle.If you have received a notice
AnswerIs there one cancellation power or several?Several, and which one is being used changes the procedure.The cancellation powers
AnswerWhat are the section 116 grounds?The main ones are that a fact the grant was based on no longer exists or never existed, that the holder has not complied with a condition of the visa, that another person…The cancellation powers
AnswerCan they be made to cancel, rather than choosing to?Yes. Both section 109 and section 116 say that where prescribed circumstances exist the Minister must cancel rather than may.The cancellation powers
AnswerCan the Department cancel my visa without warning?In some regimes prior notice is required and in others it is not.The cancellation powers
AnswerCan my visa be cancelled while I am outside Australia?Yes, and without notice first.The cancellation powers
AnswerCan a permanent visa be cancelled?Yes, under some provisions.The cancellation powers
AnswerCan the Department cancel my visa for breaching a visa condition?Breach of a condition is a ground under section 116.Conditions, work and study
AnswerCan my visa be cancelled for breaching work restrictions if I was being exploited?There is protection here, and it is in the Regulations rather than in policy.Conditions, work and study
AnswerCan my employer cancel my visa?No. Home Affairs puts it plainly: employers cannot cancel your visa, even if you have breached your visa conditions, and only the Department, including the Australian Bor…Conditions, work and study
AnswerCan my visa be cancelled because I stopped working for my sponsor?A change in sponsored employment can have consequences, but what they are depends on the subclass, the conditions attached, the sponsorship position and the power being c…Conditions, work and study
AnswerCan a student visa be cancelled?Yes. Student visas are exposed to the general grounds and to a student-specific one: a holder who is not, or is likely not to be, a genuine student, or who has engaged in…Conditions, work and study
AnswerCan the Department cancel my visa for giving incorrect information?Potentially. Sections 101 to 109 set out the obligations about information and documents and the procedure that can follow non-compliance.Conditions, work and study
AnswerWhat if the wrong information was an honest mistake?The circumstances in which it was given are one of the prescribed matters, so it is relevant.Conditions, work and study
AnswerWhat is mandatory cancellation under section 501?The Minister must cancel where two things are both true: the person does not pass the character test because of a substantial criminal record or a sexually based offence…Character cancellation
AnswerWhat counts as a substantial criminal record?It is defined. It includes a sentence of imprisonment for 12 months or more, and two or more sentences where the total is 12 months or more.Character cancellation
AnswerWhat happens after a mandatory cancellation?Revocation. The person must be given written notice and the particulars of the relevant information, and invited to make representations about revoking the decision.Character cancellation
AnswerWhat is Direction no. 110?A direction given under section 499 of the Act, commenced on 21 June 2024, which revoked Direction no.Character cancellation
AnswerWill I become unlawful straight away?Possibly, if no other visa is in effect.After a cancellation
AnswerCan I work after my visa is cancelled?Your work rights come from the visa that is in effect after the cancellation and the conditions on that visa.After a cancellation
AnswerWhat happens to my bridging visa if another visa is cancelled?Do not assume a bridging visa will hold your status.After a cancellation
AnswerCan I apply for another visa after a cancellation?Sometimes. Section 48 and other bars can restrict what may be applied for in Australia after certain cancellations, and exclusion periods or other criteria may apply as w…After a cancellation
AnswerDoes section 48 apply after every cancellation?No. It is technical. It depends on the person being in the migration zone without a substantive visa, and on the cancellation having been made under one of the provisions…After a cancellation
AnswerCan I apply for a partner visa after my visa is cancelled?Possibly. Partner classes are among those prescribed for section 48 purposes, which is why they come up.After a cancellation
AnswerWhat happens to my family if my visa is cancelled?Where the cancellation is under section 109, 116, 128, 133A, 133C or 137J, a visa held by another person because of being a member of your family unit is also cancelled.After a cancellation
AnswerDoes a cancellation create a three-year ban?Not automatically, and not always three years.After a cancellation
AnswerWill a cancellation affect future visa applications?It can. Later applications ask about previous cancellations and about compliance with the conditions of previous visas, and a cancellation can engage section 48, exclusio…After a cancellation
AnswerCan I just ask for my own visa to be cancelled?Not without checking the consequences first.After a cancellation
AnswerCan I ask the Tribunal to review a cancellation?Some cancellation decisions can be reviewed by the Administrative Review Tribunal and some cannot.Review and representation
AnswerHow long do I have to apply to the Tribunal?Use the period stated in the decision letter.Review and representation
AnswerCan the Tribunal give me more time if I miss the deadline?For a migration review application the Tribunal states that it has no power to extend the statutory time limit.Review and representation
AnswerIs a mandatory character cancellation reviewed by the Tribunal?Not in the same way. The statutory revocation process under section 501CA comes first.Review and representation
AnswerCan No Worries Migration represent me at the Tribunal?Yes, within a registered migration agent’s authorised scope.Review and representation
AnswerWhat is Ministerial intervention?After the Administrative Review Tribunal has decided a review, section 351 lets the Minister substitute a decision that is more favourable to the applicant, “if the Minis…How the power works
AnswerWhen can a request be made?Once the Tribunal has made its decision.How the power works
AnswerIs there a deadline or a fee?The Instructions set no time limit for making a request and mention no charge.How the power works
AnswerWhat does the Minister expect while a request is pending?The Instructions start from the expectation that a person who has not been granted a visa through the statutory process will leave Australia.How the power works
AnswerWhich requests go to the Minister?Those that meet at least one of the ten criteria in section 13 of the Instructions.The section 13 criteria
AnswerWhat evidence does the skilled-occupation criterion need?The occupation has to be on the MLTSSL, the STSOL, the Regional Occupation List or the Core Skills Occupation List.The section 13 criteria
AnswerWhat happens if a request meets none of the criteria?The Department finalises it without referring it to the Minister, and tells the requester that it did not satisfy the criteria the Minister has set for when a Minister wi…The section 13 criteria
AnswerIf a request meets a criterion, will a visa be granted?Not necessarily. The Department first makes any health, character or other assessments and may seek more information.The section 13 criteria
AnswerWhich requests are finalised without going to the Minister?Section 12 lists thirteen circumstances in which a request is inappropriate to refer, whatever criteria it meets.When a request is not referred
AnswerWhat is a repeat request?A request is a repeat request if a Minister personally dealt with an earlier request for the same person, declined to consider it or declined to intervene, and the Depart…When a request is not referred
AnswerCan a new request be made while one is still being processed?It will not be referred unless the first one is withdrawn or finalised.When a request is not referred
AnswerI hold condition 8503 and want a Partner visa. What does that mean for a request?A request will not be referred unless a request to waive condition 8503 was sought or decided within three months before the Ministerial intervention request was lodged.When a request is not referred
AnswerMy claims are about protection. Is this the right route?A request that raises only non-refoulement claims is not referred.When a request is not referred
AnswerWho can make a request?The person affected by the Tribunal’s decision, or their representative.Making a request
AnswerWhat does a request have to contain?It must be in writing and must state which intervention power it relies on, the Tribunal decision, and the section 13 criteria it relies on.Making a request
AnswerHow will I hear the outcome?The Department notifies the requester.Making a request
AnswerCan the figures be read as a success rate?No. The first two rows in each block count requests; the third counts people, and one request can include several people.Reading the figures
AnswerWhy do the figures include section 417, which was repealed?Section 417, the protection-review intervention power, was repealed on 14 October 2024, when the Administrative Review Tribunal replaced the AAT.Reading the figures
AnswerWhat is section 195A?A separate power. The Minister may grant a visa to a person in immigration detention under section 189, whether or not they have applied, if the Minister thinks it is in…Reading the figures
AnswerHow reliable are the numbers?They were extracted from the Department’s systems for this request.Reading the figures
AnswerWhat is Direction 123?A direction given by the Minister under section 499 of the Migration Act.The basics
AnswerWhen does Direction 123 start, and what happens to Direction 110?It commences on 31 October 2026.The basics
AnswerWho has to follow Direction 123?Every decision-maker exercising the powers in section 501 or 501CA.The basics
AnswerWhat decisions does it cover?Refusing a visa under section 501(1), cancelling a visa under section 501(2), and deciding a request to revoke a mandatory cancellation under section 501CA(4).The basics
AnswerWhat are the primary considerations under Direction 123?Four, down from five: protection of the Australian community from criminal or other serious conduct; whether the conduct constituted domestic or family violence; expectat…What changes from Direction 110
AnswerWhat happened to ties to Australia?Under Direction 110, the strength, nature and duration of ties to Australia was a primary consideration.What changes from Direction 110
AnswerWhat does domestic or family violence cover under Direction 123?Direction 123 renames the consideration from family violence to domestic or family violence and defines it.What changes from Direction 110
AnswerIs the impact on Australian business interests still considered?Direction 123 no longer lists it.What changes from Direction 110
AnswerDoes the decision-maker have to find I am a risk of physical harm?Not for every consideration.What changes from Direction 110
AnswerWhat does Direction 123 say about spreading hatred and extremism?A person does not pass the character test if section 501(6A) applies to them, which the Act describes as spreading hatred and extremism.What changes from Direction 110
AnswerI have received a notice about my visa on character grounds. What should I do first?Read the notice for the date by which you must respond, and keep the email or letter that delivered it.If a character decision affects you
AnswerWhat is Direction 117?A direction given by the Minister under section 499 of the Migration Act.The basics
AnswerWhen did Direction 117 start, and what did it replace?It was signed on 24 July 2026 and commenced on 25 July 2026, the day after signing.The basics
AnswerWhich visas does Direction 117 cover?Sixteen classes of family visa, each named in the Direction.The basics
AnswerDoes Direction 117 apply to an application lodged before 25 July 2026?Yes. It applies to family applications made but not finally decided before it commenced, and to applications made on or after that date.The basics
AnswerDoes Direction 117 apply to every family application?No. It does not apply where it is readily apparent that the criteria for the visa would not be met.The basics
AnswerDoes Direction 117 affect whether my visa is granted?No. It sets the order applications are reached in; every visa criterion still has to be met.The basics
AnswerIs an onshore partner visa processed before an offshore one?Yes. Direction 117 creates two tiers.Where an application sits in the order
AnswerWhat is the order within each tier?Six groups, highest first: applicants for whom the Minister has substituted a decision for a Tribunal decision ( ministerial intervention ); partners (spouse, de facto pa…Where an application sits in the order
AnswerWhere do family members included in my application sit?In the same place as the primary applicant.Where an application sits in the order
AnswerSomeone who applied after us has already been granted. Is that allowed?Yes. The tiers and groups mean a later application can be reached first, and the Migration Act provides that an earlier application is not unreasonably delayed only becau…Where an application sits in the order
AnswerHow are parent and other capped family visas ordered?By queue date, under a separate direction.Where an application sits in the order
AnswerCan a partner visa application be prioritised?Only if the applicant satisfies the officer of two things: the application involves special circumstances of a compassionate nature, and there are compelling reasons to d…Requesting priority processing
AnswerWhat does the Department not treat as compelling or compassionate?Its factsheet lists these, and says the list is not exhaustive: financial hardship or other personal financial reasons, such as obtaining a bank loan or buying a property…Requesting priority processing
AnswerHow is a request for priority processing made?Through the Department’s Partner processing enquiry form , selecting I want to request priority processing and attaching a signed statement of the reasons.Requesting priority processing
AnswerWe hold an 820 or 309 visa. Can we request priority for the permanent stage?Not until two years have passed since the partner visa application was made.Requesting priority processing
AnswerShould we request priority if the relationship has ended?No. The Department’s factsheet says not to request priority processing where the relationship has ended or the sponsor has died, and to complete the Notification of Relat…Requesting priority processing
AnswerWhat changed from Direction 102?Five things, on the face of the two directions: Onshore applications come first.What changed from Direction 102
AnswerWhat does the partner visa checker do?It sorts your answers into one of three pathways: the subclass 820/801 applied for in Australia, the subclass 309/100 applied for outside Australia, or the subclass 300 P…About this checker
AnswerDoes the checker decide whether I am eligible?No. It shows which pathway to look at and what to check.About this checker
AnswerWhat happens to my answers?They stay in your browser unless you choose to send them.About this checker
AnswerWhich issues does the checker look for?The 12-month rule for de facto couples, the age rule for de facto partners, a No Further Stay condition, section 48, Schedule 3, the three-year rule for subclass 491 and…About this checker
AnswerWhy does it matter where the applicant is when we apply?The partner visas are divided by where the applicant is when the application is made.About this checker
AnswerWhat does the 482 visa checker do?It works out which subclass 482 stream fits your answers: Specialist Skills, Core Skills or Labour Agreement.About this checker
AnswerDoes the 482 checker show whether the visa will be granted?No. It shows which stream to look at and what to check.About this checker
AnswerWhere do the occupation list and salary figures come from?The occupations come from ANZSCO 2022 and the latest compilation of the Core Skills Occupation List instrument on the Federal Register, the same data as our occupation se…About this checker
AnswerAre my 482 checker answers stored?No. The checker runs in your browser.About this checker
AnswerWhat is the Victorian Points Test (VPT)?It is the ranking Victoria uses to select Registrations of Interest for nomination for the Skilled Nominated visa (subclass 190) and the Skilled Work Regional (Provisiona…Victorian Points Test questions
AnswerIs the Victorian Points Test the same as the SkillSelect points test?No. The Australian Government’s points test decides whether you are eligible for the visa, and it requires at least 65 points.Victorian Points Test questions
AnswerWhat is the pass mark for the Victorian Points Test?There is none. Victoria invites the Registrations of Interest with the highest VPT totals in each invitation round, so the total needed depends on who else is in the pool…Victorian Points Test questions
AnswerHow does Victoria choose who to invite?Through regular invitation rounds, in two ways.Victorian Points Test questions
AnswerWhich industries are Victorian priority industries for 2026–27?Healthcare, social assistance, education (teachers and early childhood education) and construction (construction professionals and construction trades).Victorian Points Test questions
AnswerHow do I get the 50 partner points in the Victorian Points Test?All three of these must be true: you have claimed 10 points for Partner Skills in your SkillSelect EOI; your partner will be included in your state nominated visa applica…Victorian Points Test questions
AnswerHow do Victorian earnings points work?They are for annual earnings from current skilled employment in Victoria.Victorian Points Test questions
AnswerHow much does a Victorian Registration of Interest cost in 2026–27?$60, or $66 including GST.Victorian Points Test questions
AnswerDoes my Victorian Registration of Interest from last year still count?No. A Registration of Interest is valid only for the program year in which it is submitted.Victorian Points Test questions
AnswerCan Victoria estimate my chances of an invitation?No. Victoria states it cannot tell you your likelihood of being invited or how your points compare with other applicants, and that an invitation or a successful nominatio…Victorian Points Test questions
AnswerDoes this calculator store my answers?No. It runs in your browser.Victorian Points Test questions
AnswerWhat does condition 8607 actually require of a subclass 482 holder?Condition 8607 in Schedule 8 to the Migration Regulations 1994 starts with the occupation, then deals with the employer.Employer sponsored
AnswerIs condition 8607 the same as the old condition 8107?They are different conditions and they are drafted differently.Employer sponsored
AnswerWhich income threshold applies to a nomination lodged today?For a nomination lodged between 1 July 2026 and 30 June 2027 the Core Skills Income Threshold and the Temporary Skilled Migration Income Threshold are each $79,423, and t…Employer sponsored
AnswerWhat does condition 8608 require on a subclass 494?Condition 8608 mirrors the structure of 8607 for the Skilled Employer Sponsored Regional (Provisional) visa.Skilled and regional
AnswerIs the Gold Coast inside a designated area for condition 8549?Yes, on the list made by the Migration (Designated Areas) Instrument 2026 (LIN 26/004), which commenced on 22 September 2026.Skilled and regional
AnswerWhen can a subclass 191 applicant actually meet the income requirement?Clause 191.222 of Schedule 2 requires the applicant to have provided copies of notices of assessment, and any notices of amended assessments, given to the applicant under…Skilled and regional
AnswerWhat does condition 8503 say, in its own words?The whole of condition 8503 is one sentence: The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, wh…Students and visitors
AnswerWhat does condition 8202 require a student to maintain?Condition 8202 has three limbs for an ordinary student.Students and visitors
AnswerA subclass 462 holder has worked for one employer for more than six months. Is that a breach of condition 8547?Condition 8547 is one sentence: The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.Students and visitors
AnswerA child is born in Australia after the visa application is lodged but before it is decided. Does a separate application have to be made?Regulation 2.08 does it automatically.Family and children
AnswerA child is born in Australia to a parent who already holds a visa. Does the child need a visa of their own?Section 78 of the Migration Act 1958 grants one by operation of law.Family and children
AnswerWhich ministerial direction governs a character decision made today?Direction 110 until 31 October 2026.Refusal, review and character
AnswerDoes the Tribunal's generative AI practice direction apply to an application already lodged?Yes. The Administrative Review Tribunal (Use of Generative AI) Practice Direction 2026 , made on 20 August 2026, commences and has effect from the date it is signed and a…Refusal, review and character
AnswerWhat does it cost to apply to the Tribunal for review of a migration decision?$3,727 for a reviewable migration decision and $2,293 for a reviewable protection decision, from 1 July 2026.Refusal, review and character
AnswerDo I pay the Victorian nomination fee if I am not invited?No. The $180 nomination application fee ($198 including GST) is payable only if Victoria invites you to apply for nomination and you submit a nomination application.Migration update
AnswerIs the Victorian Registration of Interest fee refundable?Generally not. Live in Melbourne states the fees will not be refunded merely because a Registration of Interest does not lead to an invitation, a nomination is refused, o…Migration update
AnswerWhen does Victoria’s 2026–27 skilled nomination program open?As at 13 October 2026, no opening date had been published.Migration update
AnswerWhat will an ANMAC skills assessment cost under the new fees?ANMAC has published these fees, to take effect when the changes commence: Essential $395, Essential Plus $495, Comprehensive $695, Care $545 and Care Plus $645.Migration update
AnswerI have already applied to ANMAC. Do I need to reapply or pay the new fee?No. ANMAC states that an application awaiting an outcome when the new portal launches will be transferred to the new system, that the applicant will not need to reapply,…Migration update
AnswerWhen do the ANMAC changes start?ANMAC expects the changes to take effect later this year.Migration update
AnswerWhen is the next 189 invitation round?The Department of Home Affairs has announced that the next invitation round for the Skilled Independent (subclass 189) visa will be held on 15 October 2026.Migration update
AnswerWhat should I check in my EOI before the 189 invitation round?The Department’s notice advises Expression of Interest holders to ensure the Expression of Interest is up to date and that all the information provided is accurate.Migration update
AnswerCan I apply for a new student visa in Australia from 2 October 2026?If you hold a subclass 500 student visa and apply for another one as the student, the application must be made from outside Australia, unless you are a Defence, Foreign A…Migration update
AnswerCan I apply for a student visa in Australia on a working holiday visa?Not from 2 October 2026.Migration update
AnswerCan a 482 visa holder apply for a student visa in Australia?Not from 2 October 2026.Migration update
AnswerCan a 485 graduate visa holder apply for a student visa onshore?No. The subclass 485 Temporary Graduate visa remains on the list in LIN 26/102, so a 485 holder in Australia cannot make a valid student visa application there.Migration update
AnswerCan I still add my partner or children to my student visa?Only in the limited cases listed in this update, and only by applying at the same time and place as the student.Migration update
AnswerMy family already hold student visas with me. Can they be included in my next application?A family member who is in Australia and held a student visa as your family member on 2 October 2026, or had applied for one before that date and was granted it later, can…Migration update
AnswerDoes this affect a student visa application lodged before 2 October 2026?No. The amendments apply to applications made on or after 2 October 2026.Migration update
AnswerIf I apply from outside Australia, where do I need to be when the visa is granted?Outside Australia. A person who had to apply from outside Australia must also be outside Australia when the visa is granted.Migration update
AnswerCan I still enrol in the Graduate Diploma of Management (Learning) as an international student?From 5 October 2026, providers and education agents can no longer recruit or enrol new international students into the course, according to the Assistant Minister’s media…Migration update
AnswerI started the Graduate Diploma of Management (Learning) before 5 October 2026. Can I finish it?The media release states that students who commenced the course with their current provider before 5 October 2026 may be able to complete their studies where no integrity…Migration update
AnswerCan I study two full-time courses at the same time on a student visa?The Government has stated that it is monitoring students who study two full-time courses at the same time, and that students in non-genuine study arrangements may put the…Migration update
AnswerWhat IELTS score is needed for a subclass 485 visa?Under Schedule 1 of LIN 25/089, an average band score of at least 6.5 with at least 5.5 in each component, in IELTS Academic or IELTS General Training.Legislation library
AnswerWhat PTE score is needed for a subclass 485 visa?Schedule 1 sets an overall score of at least 55, with at least 40 in listening, 42 in reading, 41 in writing and 39 in speaking.Legislation library
AnswerIs the C1 Advanced test accepted for a subclass 485 visa?Section 6 lists it, but item 1 of Schedules 1 and 2 states it is not accepted for the score requirement in subparagraph 485.212(1)(a)(ii).Legislation library
AnswerWhich passports meet the English requirement for a subclass 485 visa?Section 9 specifies a valid passport issued to a citizen by Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America.Legislation library
AnswerHow many occupations are on the MLTSSL, STSOL and ROL?In Compilation No. 5 of LIN 19/051 (28 March 2026), the Medium and Long-term Strategic Skills List in section 8 has 212 occupations, the Short-term Skilled Occupation Lis…Legislation library
AnswerWhich list applies to a subclass 485 application?Item 2 of the table in section 7(1) makes the Medium and Long-term Strategic Skills List the applicable list for a person who applies for a subclass 485 visa on or after…Legislation library
AnswerWhere is the assessing authority for an occupation set out?In the table in section 10AA(1), column 3, read with the split occupations in section 10AA(2) and the abbreviations in section 11.Legislation library
AnswerWhat IELTS score is needed for a student visa?Under Schedule 1 of LIN 25/090, an average band score of 6.0 in IELTS Academic or IELTS General Training.Legislation library
AnswerWhat PTE score is needed for a student visa?Schedule 1 sets an overall PTE Academic score of 47, or 39 in column 3 and 31 in column 4.Legislation library
AnswerWho does not need an English test for a student visa?Section 7 lists the exempt classes, including citizens holding a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of Am…Legislation library
AnswerHow old can the test result be?Under section 6(1)(b), within the 2 years before the application if the evidence is provided with it, or 2 years before the decision if it is provided later.Legislation library
AnswerHow much money does a subclass 500 applicant need to show for living costs?For a stay of 12 months or more, AUD29,710 a year for the primary applicant under section 6(2)(b)(ii)(A) of LIN 19/198 (Compilation No.Legislation library
AnswerCan income be shown instead of savings?Yes. Under section 6(3), official Government documentation issued in the 12 months before the application can show that the applicant’s parent, spouse or de facto partner…Legislation library
AnswerWhat kinds of funds evidence does the instrument accept?Section 10 lists four forms: a money deposit with a financial institution, a loan with a financial institution, government loans, and a scholarship or financial support.Legislation library
AnswerWhat IELTS score is needed for a subclass 482 visa?Under section 6(4) of LIN 25/082, at least 5.0 in each of listening, reading, writing and speaking, in IELTS Academic or IELTS General Training.Legislation library
AnswerWhat PTE score is needed for a subclass 482 visa?Section 6(4) sets 33 for listening, 36 for reading, 29 for writing and 24 for speaking in PTE Academic.Legislation library
AnswerCan a single component be re-sat?Yes. Section 6(2)(b)(ii) allows the scores to come from the original test day and a later re-sit day for the component that was re-sat.Legislation library
AnswerWho is exempt from the English test for a subclass 482 visa?Section 4 lists five classes of exempt applicant, including citizens holding a passport from one of five listed countries, applicants with 5 years of full-time study in E…Legislation library
AnswerWhich occupations need a mandatory skills assessment for the subclass 482 visa?The 24 occupations in the section 5 table of IMMI 18/039, including automotive electrician, chef, cook, electrician (general), motor mechanic (general), welder (first cla…Legislation library
AnswerDo Indian passport holders need a skills assessment?India is listed in section 6 for each of the 23 TRA occupations, so an Indian passport holder nominated in one of them needs the assessment unless an exemption in section…Legislation library
AnswerWho assesses program or project administrators?VETASSESS, with a Skills Assessment for General Professional Occupations (section 5, item 21).Legislation library
AnswerWhat is the nomination fee for a subclass 482 visa under LIN 19/215?$330, using approved form 482N (Internet), under item 5 of the table in section 6.Legislation library
AnswerIs there a fee for a subclass 494 nomination?Item 6 of the table in section 6 specifies the fee as nil, with approved form 494N (Internet).Legislation library
AnswerCan a nomination be lodged by email?Only in the circumstances in section 7: a departmental email must authorise it after a problem with the Department’s online systems, and the form must be returned to the…Legislation library
AnswerHow many occupations are on the Core Skills Occupation List?456, in the table in section 6(3) of LIN 24/089 (Compilation No.Legislation library
AnswerWhat does the number in column 3 of the list mean?It refers to an item of the Applicable Circumstances List in section 7(2).Legislation library
AnswerDo the circumstances apply to the Specialist Skills stream?Yes. Section 8 provides that if a circumstance in any item of section 7(2) applies to the position, the occupation does not apply to a Specialist Skills stream nominee.Legislation library
AnswerWhat TSMIT did LIN 25/038 set?$76,515, replacing $73,150 in section 6 of IMMI 18/033, for an application for approval of a nomination made on or after 1 July 2025 (section 13 of IMMI 18/033).Legislation library
AnswerWhat is the TSMIT for a nomination made from 1 July 2026?$79,423, under the definition in regulation 1.03 of the Migration Regulations 1994, which applies to a nomination made on or after 1 July 2026 (Schedule 13, item 16401).Legislation library
AnswerWhich visas does the TSMIT apply to?The explanatory statements to LIN 25/038 and to the Home Affairs Legislation Amendment (2026 Measures No.Legislation library
AnswerIs the subclass 186 list the same as the subclass 482 list?The occupation titles and ANZSCO codes in section 7(1) of LIN 24/093 match the 456 items of the Core Skills Occupation List in LIN 24/089.Legislation library
AnswerWhere is the assessing authority for a subclass 186 occupation set out?In column 3 of the table in section 7(1), with the physicist split in section 7(2) and the abbreviations in section 9.Legislation library
AnswerDoes LIN 24/093 apply to a nomination lodged before 7 December 2024?No. Section 11 keeps LIN 19/049 in place for a nomination application made before 7 December 2024.Legislation library
AnswerWho is exempt from the age requirement for a subclass 186 visa?In the Temporary Residence Transition stream, section 6(1) of LIN 19/216 exempts academic applicants, legacy 457 workers, regional medical practitioner applicants, scienc…Legislation library
AnswerWhich subclass 494 applicants do not have to be under 45?Under section 8(1), academic applicants, regional medical practitioner applicants, science applicants, Subclass 444/461 workers and Subclass 457/482 workers in the Employ…Legislation library
AnswerWho counts as a legacy 457 worker?Under section 5, a person who held a subclass 457 visa on or after 18 April 2017, was in Australia for at least 12 months between 1 February 2020 and 14 December 2021, an…Legislation library
AnswerWhat IELTS score is competent English?At least 6 in each of listening, reading, writing and speaking, in IELTS Academic or IELTS General Training (Schedule 2, item 2).Legislation library
AnswerWhat PTE score is proficient English?Under item 3 of Schedule 2, PTE Academic scores of at least 58 in listening, 59 in reading, 69 in writing and 76 in speaking.Legislation library
AnswerCan the Michigan English Test be used for superior English?No. The note to section 9(3) excludes MET from the superior English requirements.Legislation library
AnswerWhich passports count as competent English?Under section 7(4) and Schedule 3, a valid passport issued to a citizen of Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of Americ…Legislation library
AnswerIs the Australian Capital Territory a designated regional area?Yes. Item 7 of the table in section 3(1) of LIN 22/022 lists all postcodes in the Australian Capital Territory as a designated city or major regional centre, which is a d…Legislation library
AnswerAre all postcodes in Western Australia, South Australia and Tasmania covered?Yes. Section 3(1) lists some postcodes in each of those States, and items 4, 5 and 6 of the table in section 3(2) cover every other postcode in them.Legislation library
AnswerWhen does LIN 22/022 apply?Under section 4, to nominations, nomination approval applications, visa applications, points test assessments and visa grants listed in that section that occur after the…Legislation library
AnswerWho assesses skills for a subclass 494 occupation?The body named against the occupation in section 6(1) or 7(1) of LIN 19/260, read with the split occupations in sections 6(2), 7(2) and 7(3) and the abbreviations in sect…Legislation library
AnswerIs an assessment by an earlier assessing authority still accepted?Section 10 keeps the earlier authorities listed in its table for 13 occupations where the skills assessment application was made before 6 May 2022.Legislation library
AnswerHow many occupations can be nominated for a subclass 494 visa?LIN 19/219 lists 216 occupations on the Medium and Long-term Strategic Skills List (section 6) and 434 on the Regional Occupation List (section 7), 650 in all, in the com…Legislation library
AnswerDoes the subclass 494 visa use the Core Skills Occupation List?LIN 19/219 specifies its own two lists under subregulation 2.72C(11).Legislation library
AnswerWhere are the assessing authorities for subclass 494 occupations?In LIN 19/260 (F2019L01405), which follows the same two lists.Legislation library
AnswerHow many Regional Certifying Bodies are there?47 in LIN 19/214: 14 in New South Wales, 14 in Victoria, 13 in Queensland, 2 in Western Australia, and 1 each in South Australia, Tasmania, the Australian Capital Territo…Legislation library
AnswerWhat does a Regional Certifying Body advise on?Under subregulation 2.72C(18) of the Migration Regulations 1994 (Compilation No.Legislation library
AnswerWhich body covers South Australia, Tasmania, the ACT or the Northern Territory?Section 4 lists one body for each: the Department for Innovation and Skills (South Australia), the Department of State Growth (Tasmania), the Chief Minister, Treasury and…Legislation library
AnswerWhich occupations can be nominated for a subclass 407 visa?Any occupation on the three lists in sections 7, 8 and 9 of LIN 19/050: 216 on the Medium and Long-term Strategic Skills List, 77 on the Regional Occupation List and 216…Legislation library
AnswerAre these the same lists as for the skilled visas?LIN 19/050 sets its own lists for paragraph 2.72B(3)(b).Legislation library
AnswerHow long before lodging the nomination must the position be advertised?Labour market testing must be undertaken in the 4 months ending on the day the nomination is lodged (section 6(1)), and each position must accept applications for at leas…Legislation library
AnswerDoes the advertisement have to show the salary?Only if the intended annual earnings for the position are lower than $96,400 (section 8(4)(d)).Legislation library
AnswerWhat evidence goes with the nomination?A copy of the advertising material (section 9(3)).Legislation library
AnswerWhat is the annual earnings amount in IMMI 18/033?AUD 250,000, under section 5, for paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Migration Regulations 1994.Legislation library
AnswerCan the AMSR be based on pay slips where an award applies?Since 25 March 2026, where a fair work instrument, state industrial instrument or transitional instrument applies, the AMSR may be determined by relevant employment docum…Legislation library
AnswerDoes IMMI 18/033 still set the TSMIT?Section 6 was repealed by LIN 26/074 from 1 July 2026.Legislation library
AnswerWho conducts a visa medical in Australia under LIN 25/049?Bupa Australia Health Pty Ltd, trading as Bupa Medical Visa Services, under paragraph 8(a).Legislation library
AnswerWhat does a permanent visa applicant aged 15 or older from a country not in Schedule 1 undertake?Under column 4 of Schedule 2: a medical examination, chest X-ray, serum creatinine/eGFR, HIV test, a hepatitis B test if born in a high hepatitis B risk jurisdiction, and…Legislation library
AnswerDoes LIN 25/049 apply to a visitor aged 75 or older?Item 6 of Schedule 3 specifies a medical examination and serum creatinine/eGFR for a person at least 75 years old applying for a Subclass 600 (Visitor) visa.Legislation library
AnswerDid the 2025 instrument change the wording of the Australian Values Statement?The explanatory statement records that the values statements in Parts 1 and 2 of Schedule 2 remain identical to those in LIN 20/166.Legislation library
AnswerWhich version of the statement applies to which visa?It depends on the table the subclass is in.Legislation library
AnswerWhat IELTS score is functional English?An average band score of at least 4.5 in IELTS Academic or IELTS General Training, under Schedule 1 of LIN 25/014.Legislation library
AnswerWhat PTE score is functional English?An overall PTE Academic score of at least 24 (Schedule 1, item 7).Legislation library
AnswerCan functional English be shown without a test?Yes. Section 6 also accepts primary and secondary schooling in English, at least 1 year of study in Australia towards a degree, higher degree, diploma or associate diplom…Legislation library
AnswerHow many items of evidence does LIN 23/026 require?A minimum of two items from Schedule 1, each of a different type (section 5).Legislation library
AnswerWhat must each document show on its face?Under subsection 4(3), each item must be in writing in English on professional letterhead and include the author’s full name, occupation, signature, date, address and con…Legislation library
AnswerCan a midwife or a teacher provide evidence?Yes. A midwife is included under the Medical type, and a teacher who has taught or counselled the alleged victim is an education professional under section 3.Legislation library
AnswerWhich relationship registers are prescribed?The seven laws in the table in section 5: the NSW, South Australian and Tasmanian relationship registers, the Victorian Relationships Act 2008, the Queensland Civil Partn…Legislation library
AnswerWhat does a registered relationship prove?The explanatory statement records that registration of a prescribed kind of relationship under a prescribed law provides conclusive proof that a person is another person’…Legislation library
AnswerWhen did the 2019 Regulations commence?Section 2 provides for commencement on the day after registration, and its commencement table records the date as 13 March 2019.Legislation library
AnswerWhat IELTS score does the MATES stream require?An overall band score of at least 6 and at least 5 in each of listening, reading, speaking and writing, under item 2 of Schedule 3.Legislation library
AnswerCan English test scores be combined across sittings?Paragraph 11(b) requires the scores to be achieved in a single sitting, unless the test is an OET.Legislation library
AnswerWhich fields of study qualify?Section 8 specifies renewable energy, mining, engineering, information communications technology, artificial intelligence, financial technology and agricultural technolog…Legislation library
AnswerHow much does a TRA Migration Skills Assessment cost?$795, under item 1 of the table in section 5 of LIN 23/002.Legislation library
AnswerHow much does it cost to have a TRA assessment reviewed?It depends on the assessment.Legislation library
AnswerAre these the fees for every skills assessing authority?No. LIN 23/002 sets the fees of Trades Recognition Australia only.Legislation library
AnswerWhich ANZSCO edition applies to a subclass 482 nomination?The edition in force on 23 November 2022, under section 6(3)(a) and (b) of LIN 24/105, which covers regulation 2.72 (criteria for approval of nomination) and regulation 2…Legislation library
AnswerWhat is the default ANZSCO edition for the Migration Regulations?The edition in force on 27 June 2013 (section 6(2)), which the explanatory statement identifies as ANZSCO version 1.2, released on 26 June 2013.Legislation library
AnswerDid LIN 24/105 replace LIN 19/051?Only in part. Schedule 1 repeals section 5 of LIN 19/051, which had defined ANZSCO.Legislation library
AnswerWhich ANZSCO version is used for a subclass 482 nomination?The 2022 edition, as in force on 23 November 2022.Legislation library
AnswerDoes OSCA replace ANZSCO for visa purposes?The ABS released OSCA on 6 December 2024 to replace ANZSCO for use in Australia.Legislation library
AnswerWhich ANZSCO version applies to a skilled visa?Unless a provision or instrument specifies otherwise, the version as in force on 27 June 2013, which is ANZSCO 2013 Version 1.2, under section 6(2) of LIN 24/105.Legislation library
AnswerWhere was ANZSCO defined before December 2024?In section 5 of LIN 19/051.Legislation library
UpdateVictoria introduces nomination fees and publishes its points test for 2026–27From 2026–27 Victoria charges $60 for a Registration of Interest and $180 for a 190 or 491 nomination, and has published the points test it ranks applicants by.13 October 2026
UpdateANMAC announces a new skills assessment portal, new assessment names and revised fees for nurses and midwivesThe Australian Nursing and Midwifery Accreditation Council (ANMAC) will move its skills assessments to a new online portal, rename its assessment types and revise its fees. ANMAC expects the changes to take effect later this year and has not yet announced a date.10 October 2026
UpdateNext Skilled Independent (subclass 189) invitation round set for 15 October 2026The Department of Home Affairs has announced that the next SkillSelect invitation round for the Skilled Independent (subclass 189) visa will be held on 15 October 2026.9 October 2026
UpdateStudent visa reform from 2 October 2026: further student visas, family members and onshore applicationsFrom 2 October 2026 a student visa holder applying for a further student visa must generally apply from outside Australia, family members can be included only in limited cases, and seventeen visas now stop a student visa application being made in Australia.1 October 2026
UpdateGraduate Diploma of Management (Learning) closed to new international students from 5 October 2026From 5 October 2026, VET providers and education agents can no longer recruit or enrol new international students into the Graduate Diploma of Management (Learning), after the Assistant Minister for International Education used the new course cancellation powers for the first time.1 October 2026
UpdateHome Affairs releases four years of Ministerial intervention figures for sections 351 and 195A, and the repealed section 417The Department has released the number of Ministerial intervention requests received and finalised, and visas granted, for 2022-23 to 2025-26.30 September 2026
UpdateeVisitor form, ADS travel agents, health-referral countries and ESOS agencies remadeFour instruments commenced on 28 September 2026: the eVisitor application form and manner, the Approved Destination Status travel agent list, the countries used for health referrals, and the ESOS agencies for ELICOS and Foundation Programs.28 September 2026
UpdateHome Affairs has published guidance on adequate health insurance, and it names a minimum benefit of AUD 1,000,000A Departmental page and two fact sheets set out what counts as adequate health insurance for condition 8501, which visas carry the condition, and the minimum benefit a policy must pay.25 September 2026
UpdateThe list of visas that stop a student visa application being made in Australia has been remadeA new instrument specifies the nine substantive temporary visas whose holders cannot make a valid student visa application while in Australia, replacing the 2016 instrument before it sunsets.24 September 2026
UpdateQueensland’s 2026–27 nomination program has not opened yetRegistrations of interest for Queensland’s State Nominated Migration Program are closed, and Migration Queensland has published no opening date or allocation for 2026–27.24 September 2026
UpdateDesignated areas for condition 8549 remade, and a child visa postal address correctedTwo instruments commenced on 22 September 2026. One remakes the designated areas for condition 8549 before the old instrument sunsets; the other corrects a postal address that had been wrong since it was made.22 September 2026
UpdateSouth Australia’s two designated area migration agreements now run to 31 January 2027Migration South Australia has extended both of the State’s designated area migration agreements by a further four months while a new five-year statewide agreement is negotiated.21 September 2026
UpdateTwo new directions reset the processing order for skilled visasDirections 121 and 122 commenced on 19 September 2026, replacing Direction 119. They reach back to applications already lodged and not yet decided.19 September 2026
UpdateDirection 123 replaces Direction 110 on character from 31 October 2026Direction 123 was signed on 18 September 2026 and commences on 31 October 2026, revoking Direction 110. Until then Direction 110 is the direction in force.18 September 2026
UpdateAnnounced, not law: a no further stay condition on future visitor visas, and a limit on course changesThe Minister announced two changes at the National Press Club on 17 September 2026. Neither is in force, neither has a commencement date, and no instrument has been made.17 September 2026
UpdateThe Tribunal now has a practice direction on generative AI, and it applies to cases already on footThe President of the Administrative Review Tribunal made a Generative AI Practice Direction on 20 August 2026. It takes effect from the day it was signed and applies to every application, whenever it was lodged.20 August 2026
UpdateDirection 117 sets the order family visa applications are considered in, and it covers matters sent back by the TribunalDirection 117 commenced on 25 July 2026 and revoked Direction 102. Unlike the skilled directions made two months later, it reaches applications remitted from the Tribunal.25 July 2026
UpdateVisa application charges are now two-tier, and the lower tier follows the passportFrom 1 July 2026 a concessional application charge applies to holders of a passport from any of thirteen Pacific-regional countries, and to student applicants from ten named South-East Asian countries.1 July 2026
UpdateSponsored income thresholds for 2026–27, and why the Regulations still print the old figureThree income thresholds moved on 1 July 2026, and the Temporary Skilled Migration Income Threshold is now fixed by the Regulations themselves and indexed each year.1 July 2026
UpdateART review fees rose on 1 July 2026, and the trigger is the date the fee is paidThe fee to review a migration decision is now $3,727 and a protection decision $2,293, and the new fees apply to any fee paid on or after 1 July 2026 even where the application was lodged before that date.1 July 2026
UpdateMost student visa refusal reviews are now decided without a hearingFrom 1 June 2026 the Administrative Review Tribunal must decide reviews of most student visa refusals without holding an oral hearing.1 June 2026
UpdateThe method for working out the annual market salary rate was replaced in March 2026A ministerial instrument repealed and replaced the sections that set out how the annual market salary rate is determined, and it reaches nominations that were already lodged and undecided.25 March 2026
DecisionOMU25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1896 [2026] FedCFamC2G 1896MIGRATION – 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 establisheFederal Circuit and Family Court (Division 2) · 29 September 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1895 [2026] FedCFamC2G 1895MIGRATION – 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 viFederal Circuit and Family Court (Division 2) · 29 September 2026
DecisionRizvi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1856 [2026] FedCFamC2G 1856MIGRATION – 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 – FailurFederal Circuit and Family Court (Division 2) · 28 September 2026
DecisionDIM19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1514 [2026] FedCFamC2G 1514MIGRATION – 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 jurisdFederal Circuit and Family Court (Division 2) · 28 September 2026
DecisionNKHH v Minister for Immigration and Citizenship [2026] FCA 1422 [2026] FCA 1422MIGRATION – 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 reFederal Court of Australia · 28 September 2026
DecisionALT18 v Minister for Immigration and Citizenship [2026] FCA 1421 [2026] FCA 1421MIGRATION – 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 decisiFederal Court of Australia · 28 September 2026
DecisionJacobsen v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1899 [2026] FedCFamC2G 1899MIGRATION – 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 ofFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionDXA26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1891 [2026] FedCFamC2G 1891MIGRATION – 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 appliFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionADS20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1886 [2026] FedCFamC2G 1886MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 25 September 2026
DecisionDelgado v Minister for Immigration and Citizenship [2026] FedCFamC2G 1883 [2026] FedCFamC2G 1883MIGRATION – 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 coFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionEGQ21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1882 [2026] FedCFamC2G 1882MIGRATION – 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 coFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionKatyal v Minister for Immigration and Citizenship [2026] FedCFamC2G 1880 [2026] FedCFamC2G 1880MIGRATION – 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 thFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionRaza v Minister for Immigration and Citizenship [2026] FedCFamC2G 1878 [2026] FedCFamC2G 1878MIGRATION – 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 toFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionTan v Minister for Immigration and Citizenship [2026] FedCFamC2G 1876 [2026] FedCFamC2G 1876MIGRATION – 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 theFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionLe v Minister for Immigration and Citizenship [2026] FedCFamC2G 1875 [2026] FedCFamC2G 1875MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 25 September 2026
DecisionLe v Minister for Immigration and Citizenship [2026] FedCFamC2G 1864 [2026] FedCFamC2G 1864MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 25 September 2026
DecisionEDP25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1863 [2026] FedCFamC2G 1863MIGRATION – 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 – nFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionShoeb v Minister for Immigration and Citizenship [2026] FedCFamC2G 1839 [2026] FedCFamC2G 1839MIGRATION – 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 satisfactFederal Circuit and Family Court (Division 2) · 25 September 2026
DecisionReid v Minister for Immigration and Citizenship [2026] FCA 1417 [2026] FCA 1417MIGRATION - 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 Federal Court of Australia · 25 September 2026
DecisionRowe and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2209 [2026] ARTA 2209MIGRATION – 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 Administrative Review Tribunal · 25 September 2026
DecisionCVB21 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1879 [2026] FedCFamC2G 1879MIGRATION – 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 fraFederal Circuit and Family Court (Division 2) · 24 September 2026
DecisionFatima v Minister for Immigration and Citizenship [2026] FedCFamC2G 1874 [2026] FedCFamC2G 1874MIGRATION – 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 wholeFederal Circuit and Family Court (Division 2) · 24 September 2026
DecisionFAO20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1873 [2026] FedCFamC2G 1873MIGRATION – 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 – impermissibleFederal Circuit and Family Court (Division 2) · 24 September 2026
DecisionRashedi v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1869 [2026] FedCFamC2G 1869MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 24 September 2026
DecisionCNN20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1728 [2026] FedCFamC2G 1728MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 24 September 2026
DecisionManebona v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCAFC 130 [2026] FCAFC 130MIGRATION – 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 irFull Court of the Federal Court · 24 September 2026
DecisionShahzaib v Minister for Immigration and Citizenship [2026] FedCFamC2G 1861 [2026] FedCFamC2G 1861MIGRATION – 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 ‘tempFederal Circuit and Family Court (Division 2) · 23 September 2026
DecisionHuynh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1860 [2026] FedCFamC2G 1860MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 23 September 2026
DecisionJVD25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1857 [2026] FedCFamC2G 1857MIGRATION – 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 – eFederal Circuit and Family Court (Division 2) · 23 September 2026
DecisionFarizal v Minister for Immigration and Citizenship [2026] FedCFamC2G 1824 [2026] FedCFamC2G 1824MIGRATION – 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 rFederal Circuit and Family Court (Division 2) · 23 September 2026
DecisionDeyanti v Minister for Immigration and Citizenship [2026] FCAFC 126 [2026] FCAFC 126MIGRATION – 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 “unlessFull Court of the Federal Court · 23 September 2026
DecisionBMWZ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2160 [2026] ARTA 2160MIGRATION – 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 cAdministrative Review Tribunal · 23 September 2026
DecisionFilimone and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2158 [2026] ARTA 2158MIGRATION - 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 MinisAdministrative Review Tribunal · 23 September 2026
DecisionDattilo and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2152 [2026] ARTA 2152MIGRATION - 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 andAdministrative Review Tribunal · 23 September 2026
DecisionHarpreet v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1848 [2026] FedCFamC2G 1848MIGRATION – 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 TrFederal Circuit and Family Court (Division 2) · 22 September 2026
DecisionCRI23 v Minister for Immigration and Citizenship [2026] FCA 1386 [2026] FCA 1386MIGRATION – 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 theFederal Court of Australia · 22 September 2026
DecisionSciascia v Minister for Immigration and Citizenship [2026] FCA 1385 [2026] FCA 1385MIGRATION – 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 Federal Court of Australia · 22 September 2026
DecisionJallapally v Minister for Immigration and Citizenship [2026] FedCFamC2G 1850 [2026] FedCFamC2G 1850MIGRATION - 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 dismissedFederal Circuit and Family Court (Division 2) · 21 September 2026
DecisionTamang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1845 [2026] FedCFamC2G 1845MIGRATION – 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 MinisterFederal Circuit and Family Court (Division 2) · 21 September 2026
DecisionIEG25 v Minister for Immigration and Citizenship [2026] FCA 1400 [2026] FCA 1400MIGRATION – 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 facFederal Court of Australia · 21 September 2026
DecisionEFT24 v Minister for Immigration and Citizenship [2026] FCA 1395 [2026] FCA 1395MIGRATION – 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 CourFederal Court of Australia · 21 September 2026
DecisionSXTZ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2187 [2026] ARTA 2187MIGRATION – 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 cAdministrative Review Tribunal · 21 September 2026
DecisionRQPG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2185 [2026] ARTA 2185MIGRATION – 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 MinAdministrative Review Tribunal · 21 September 2026
DecisionMzungu and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2146 [2026] ARTA 2146MIGRATION – 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 Administrative Review Tribunal · 21 September 2026
DecisionLubenow and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2071 [2026] ARTA 2071MIGRATION – review under section 501CA(4), character test, Ministerial Direction No 110.Administrative Review Tribunal · 21 September 2026
DecisionBNK26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1843 [2026] FedCFamC2G 1843MIGRATION 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 TriFederal Circuit and Family Court (Division 2) · 18 September 2026
DecisionAli v Minister for Immigration and Citizenship [2026] FedCFamC2G 1838 [2026] FedCFamC2G 1838MIGRATION – 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 dismissedFederal Circuit and Family Court (Division 2) · 18 September 2026
DecisionIPC24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1837 [2026] FedCFamC2G 1837MIGRATION — 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 erFederal Circuit and Family Court (Division 2) · 18 September 2026
DecisionGNS24 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1830 [2026] FedCFamC2G 1830MIGRATION – 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 – juFederal Circuit and Family Court (Division 2) · 18 September 2026
DecisionXu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1826 [2026] FedCFamC2G 1826MIGRATION – 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 dismissedFederal Circuit and Family Court (Division 2) · 18 September 2026
DecisionLi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1820 [2026] FedCFamC2G 1820MIGRATION – 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 gFederal Circuit and Family Court (Division 2) · 18 September 2026
DecisionKandel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1818 [2026] FedCFamC2G 1818MIGRATION – 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 certificatFederal Circuit and Family Court (Division 2) · 18 September 2026
DecisionBJR21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1817 [2026] FedCFamC2G 1817MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – whether Tribunal failed to consider claims – procedural fairness – no jurisdictional error established – application dismissed.Federal Circuit and Family Court (Division 2) · 18 September 2026
DecisionKaur v Minister for Immigration and Citizenship [2026] FCA 1379 [2026] FCA 1379MIGRATION – 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 (Federal Court of Australia · 18 September 2026
DecisionKNPQ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2162 [2026] ARTA 2162MIGRATION – 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 peAdministrative Review Tribunal · 18 September 2026
DecisionJMNR and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2072 [2026] ARTA 2072MIGRATION – 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 Administrative Review Tribunal · 18 September 2026
DecisionMYGR and Minister for Immigration and Citizenship (Practice and Procedure) [2026] ARTA 2069 [2026] ARTA 2069PRACTICE 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 – whereAdministrative Review Tribunal · 18 September 2026
DecisionFWQP and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2068 [2026] ARTA 2068CITIZENSHIP – 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- mitigatingAdministrative Review Tribunal · 18 September 2026
DecisionLawson and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2048 [2026] ARTA 2048MIGRATION – 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 asideAdministrative Review Tribunal · 18 September 2026
DecisionSingh v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1833 [2026] FedCFamC2G 1833MIGRATION – 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 – reqFederal Circuit and Family Court (Division 2) · 17 September 2026
DecisionMirza v Minister for Immigration and Citizenship [2026] FedCFamC2G 1851 [2026] FedCFamC2G 1851MIGRATION - 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 unreasonabFederal Circuit and Family Court (Division 2) · 16 September 2026
DecisionBEV22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1798 [2026] FedCFamC2G 1798MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 16 September 2026
DecisionRana v Minister for Immigration and Citizenship [2026] FedCFamC2G 1813 [2026] FedCFamC2G 1813MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 15 September 2026
DecisionKhaliq v Minister for Immigration and Citizenship [2026] FedCFamC2G 1812 [2026] FedCFamC2G 1812MIGRATION – 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 dismissedFederal Circuit and Family Court (Division 2) · 15 September 2026
DecisionGreen Leaf Australia Group Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1807 [2026] FedCFamC2G 1807MIGRATION – 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 fairnFederal Circuit and Family Court (Division 2) · 15 September 2026
DecisionJCK24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1804 [2026] FedCFamC2G 1804MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 15 September 2026
DecisionCCU21 v Minister for Immigration and Citizenship [2026] FCA 1351 [2026] FCA 1351MIGRATION – 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) – whereFederal Court of Australia · 15 September 2026
DecisionLi and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2184 [2026] ARTA 2184MIGRATION – 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 Administrative Review Tribunal · 15 September 2026
DecisionLZT25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1803 [2026] FedCFamC2G 1803MIGRATION – 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 FedFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionZahid v Minister for Immigration and Citizenship [2026] FedCFamC2G 1801 [2026] FedCFamC2G 1801MIGRATION 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 Federal Circuit and Family Court (Division 2) · 14 September 2026
DecisionBOH20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1800 [2026] FedCFamC2G 1800MIGRATION 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 Federal Circuit and Family Court (Division 2) · 14 September 2026
DecisionDey v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1799 [2026] FedCFamC2G 1799MIGRATION– 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 tFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionBDA26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1797 [2026] FedCFamC2G 1797MIGRATION – 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 tFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionAJF26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1796 [2026] FedCFamC2G 1796MIGRATION – 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 hFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionVithanage v Minister for Immigration and Citizenship [2026] FedCFamC2G 1795 [2026] FedCFamC2G 1795MIGRATION – 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 untilFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionDOS26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1790 [2026] FedCFamC2G 1790MIGRATION – 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 – Federal Circuit and Family Court (Division 2) · 14 September 2026
DecisionKarki v Minister for Immigration and Citizenship [2026] FedCFamC2G 1789 [2026] FedCFamC2G 1789MIGRATION – 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 oFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionRitu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1788 [2026] FedCFamC2G 1788MIGRATION – 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 – TriFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionSherpa v Minister for Immigration and Citizenship [2026] FedCFamC2G 1757 [2026] FedCFamC2G 1757MIGRATION – 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 carFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionSajjad v Minister for Immigration and Citizenship [2026] FedCFamC2G 1755 [2026] FedCFamC2G 1755MIGRATION – 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 consFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionDAO22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1753 [2026] FedCFamC2G 1753MIGRATION – judicial review – extension of time application – extreme delay – unsatisfactory explanation for delay – consideration of merits of underlying application – extension of time refusedFederal Circuit and Family Court (Division 2) · 14 September 2026
DecisionAfridi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1746 [2026] FedCFamC2G 1746MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 14 September 2026
DecisionEEV18 v Minister for Immigration and Multicultural Affairs [2026] FCA 1348 [2026] FCA 1348MIGRATION – 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 theFederal Court of Australia · 14 September 2026
DecisionGarratt v Assistant Minister for Immigration and Multicultural Affairs [2026] FCA 1340 [2026] FCA 1340MIGRATION – 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 oFederal Court of Australia · 14 September 2026
DecisionHancy v Minister for Immigration and Citizenship [2026] FCA 1195 [2026] FCA 1195MIGRATION – 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 Federal Court of Australia · 14 September 2026
DecisionMZKT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2051 [2026] ARTA 2051MIGRATION – 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 revokAdministrative Review Tribunal · 14 September 2026
DecisionLi and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2012 [2026] ARTA 2012MIGRATION – 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 Administrative Review Tribunal · 14 September 2026
DecisionEAR25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1780 [2026] FedCFamC2G 1780MIGRATION 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 addFederal Circuit and Family Court (Division 2) · 11 September 2026
DecisionShrestha v Minister for Immigration and Citizenship [2026] FedCFamC2G 1776 [2026] FedCFamC2G 1776MIGRATION – judicial review – decision of delegate refusing to grant student visa – applicant absent from court hearing – dismissal for non-appearanceFederal Circuit and Family Court (Division 2) · 11 September 2026
DecisionGagandeep v Minister for Immigration and Citizenship [2026] FedCFamC2G 1774 [2026] FedCFamC2G 1774MIGRATION – 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 yFederal Circuit and Family Court (Division 2) · 11 September 2026
DecisionKaur v Minister for Immigration and Citizenship [2026] FedCFamC2G 1766 [2026] FedCFamC2G 1766MIGRATION – 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 dFederal Circuit and Family Court (Division 2) · 11 September 2026
DecisionLIW24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1743 [2026] FedCFamC2G 1743MIGRATION – 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 whFederal Circuit and Family Court (Division 2) · 11 September 2026
DecisionKaur v Minister for Immigration and Citizenship [2026] FCA 1339 [2026] FCA 1339MIGRATION – 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 forFederal Court of Australia · 11 September 2026
DecisionEIC20 v Minister for Immigration and Citizenship [2026] FCA 1338 [2026] FCA 1338MIGRATION – 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 – wheFederal Court of Australia · 11 September 2026
DecisionSingh and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2007 [2026] ARTA 2007MIGRATION – 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 conditionAdministrative Review Tribunal · 11 September 2026
DecisionAli and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2002 [2026] ARTA 2002CITIZENSHIP – 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 Administrative Review Tribunal · 11 September 2026
DecisionIEG25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1779 [2026] FedCFamC2G 1779MIGRATION – 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 fFederal Circuit and Family Court (Division 2) · 10 September 2026
DecisionJXR25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1773 [2026] FedCFamC2G 1773MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 10 September 2026
DecisionShabaz v Minister for Immigration and Citizenship [2026] FedCFamC2G 1771 [2026] FedCFamC2G 1771MIGRATION – 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 makFederal Circuit and Family Court (Division 2) · 10 September 2026
DecisionOMJ25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1763 [2026] FedCFamC2G 1763MIGRATION – 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 failFederal Circuit and Family Court (Division 2) · 10 September 2026
DecisionNannuri v Minister for Immigration and Citizenship [2026] FedCFamC2G 1750 [2026] FedCFamC2G 1750MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 10 September 2026
DecisionBYH19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1749 [2026] FedCFamC2G 1749MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 10 September 2026
DecisionNguyen v Minister for Immigration and Citizenship [2026] FedCFamC2G 1741 [2026] FedCFamC2G 1741MIGRATION – 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 consiFederal Circuit and Family Court (Division 2) · 10 September 2026
DecisionMukhtar v Minister for Immigration and Citizenship [2026] FCA 1337 [2026] FCA 1337MIGRATION – 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 offendiFederal Court of Australia · 10 September 2026
DecisionJXCT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1987 [2026] ARTA 1987MIGRATION – 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, naAdministrative Review Tribunal · 10 September 2026
DecisionQQJK and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1986 [2026] ARTA 1986MIGRATION – 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 gAdministrative Review Tribunal · 10 September 2026
DecisionEGH19 v Minister for Immigration & Citizenship [2026] HCA 33 [2026] HCA 33Administrative 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 referringHigh Court of Australia · 9 September 2026
DecisionGXT25 v Minister for Immigration and Citizenship [2026] HCA 32 [2026] HCA 32Administrative 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 sexuHigh Court of Australia · 9 September 2026
DecisionEKN21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1747 [2026] FedCFamC2G 1747MIGRATION – 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 concerninFederal Circuit and Family Court (Division 2) · 9 September 2026
DecisionPatel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1744 [2026] FedCFamC2G 1744MIGRATION – 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 errorFederal Circuit and Family Court (Division 2) · 9 September 2026
DecisionLMY24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1738 [2026] FedCFamC2G 1738MIGRATION – 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 dispositivFederal Circuit and Family Court (Division 2) · 9 September 2026
DecisionTawk v Minister for Immigration and Citizenship [2026] FedCFamC2G 1737 [2026] FedCFamC2G 1737MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 9 September 2026
DecisionSilva v Minister for Immigration and Citizenship [2026] FedCFamC2G 1735 [2026] FedCFamC2G 1735MIGRATION – 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 administratFederal Circuit and Family Court (Division 2) · 9 September 2026
DecisionDr Guzzo Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1734 [2026] FedCFamC2G 1734MIGRATION - 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 Federal Circuit and Family Court (Division 2) · 9 September 2026
DecisionHassanali and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2203 [2026] ARTA 2203MIGRATION – 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 finAdministrative Review Tribunal · 9 September 2026
DecisionDemircan and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2004 [2026] ARTA 2004CITIZENSHIP – 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 remittedAdministrative Review Tribunal · 9 September 2026
DecisionHeung and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1962 [2026] ARTA 1962MIGRATION – 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 – DirectionAdministrative Review Tribunal · 9 September 2026
DecisionGZA25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1758 [2026] FedCFamC2G 1758MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 8 September 2026
DecisionLi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1739 [2026] FedCFamC2G 1739MIGRATION – Student visa – decision of the then Administrative Appeals Tribunal – genuine temporary entrant criterion – no jurisdictional error established – application dismissed.Federal Circuit and Family Court (Division 2) · 8 September 2026
DecisionFBV26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1736 [2026] FedCFamC2G 1736MIGRATION – 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) –AppFederal Circuit and Family Court (Division 2) · 8 September 2026
DecisionBQW20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1718 [2026] FedCFamC2G 1718MIGRATION – 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 tFederal Circuit and Family Court (Division 2) · 8 September 2026
DecisionChukwuma v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCAFC 121 [2026] FCAFC 121MIGRATION – 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 aFull Court of the Federal Court · 8 September 2026
DecisionVRRQ v Minister for Immigration and Multicultural Affairs [2026] FCAFC 117 [2026] FCAFC 117MIGRATION — 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 5Full Court of the Federal Court · 8 September 2026
DecisionAAS18 v Minister for Immigration and Citizenship [2026] FCA 1331 [2026] FCA 1331MIGRATION – 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 delFederal Court of Australia · 8 September 2026
DecisionLafrenais v Minister for Immigration and Citizenship [2026] FCA 1290 [2026] FCA 1290MIGRATION – 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 “tFederal Court of Australia · 8 September 2026
DecisionZWJR and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2080 [2026] ARTA 2080MIGRATION – 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 Administrative Review Tribunal · 8 September 2026
DecisionLam and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1985 [2026] ARTA 1985MIGRATION – 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 – Administrative Review Tribunal · 8 September 2026
DecisionNgaweketuhimata and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1965 [2026] ARTA 1965MIGRATION – 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 – considerationAdministrative Review Tribunal · 8 September 2026
DecisionBER26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1768 [2026] FedCFamC2G 1768MIGRATION – 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 andFederal Circuit and Family Court (Division 2) · 7 September 2026
DecisionChan v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1756 [2026] FedCFamC2G 1756MIGRATION – 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 madeFederal Circuit and Family Court (Division 2) · 7 September 2026
DecisionBVH22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1754 [2026] FedCFamC2G 1754MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 7 September 2026
DecisionCLA15 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1730 [2026] FedCFamC2G 1730MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 7 September 2026
DecisionUllah v Minister for Immigration and Citizenship [2026] FedCFamC2G 1729 [2026] FedCFamC2G 1729MIGRATION – 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 consiFederal Circuit and Family Court (Division 2) · 7 September 2026
DecisionEHM24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1725 [2026] FedCFamC2G 1725MIGRATION – 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 stroFederal Circuit and Family Court (Division 2) · 7 September 2026
DecisionChan v Minister for Immigration and Citizenship [2026] FedCFamC2G 1717 [2026] FedCFamC2G 1717MIGRATION – 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/Federal Circuit and Family Court (Division 2) · 7 September 2026
DecisionMatharu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1632 [2026] FedCFamC2G 1632MIGRATION – 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 anFederal Circuit and Family Court (Division 2) · 7 September 2026
DecisionWBKG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1984 [2026] ARTA 1984MIGRATION – Class BB Subclass 155 Resident Return visa – Cancellation – RevocationAdministrative Review Tribunal · 7 September 2026
DecisionAloda and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 1961 [2026] ARTA 1961CITIZENSHIP – 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 Administrative Review Tribunal · 7 September 2026
DecisionBAE26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1767 [2026] FedCFamC2G 1767MIGRATION – 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 anFederal Circuit and Family Court (Division 2) · 4 September 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1731 [2026] FedCFamC2G 1731MIGRATION – 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 miFederal Circuit and Family Court (Division 2) · 4 September 2026
DecisionBDY20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1722 [2026] FedCFamC2G 1722MIGRATION — 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 appFederal Circuit and Family Court (Division 2) · 4 September 2026
DecisionLiao v Minister for Immigration and Citizenship [2026] FedCFamC2G 1721 [2026] FedCFamC2G 1721MIGRATION — 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 andFederal Circuit and Family Court (Division 2) · 4 September 2026
DecisionSilaban v Minister for Immigration and Citizenship [2026] FedCFamC2G 1719 [2026] FedCFamC2G 1719MIGRATION 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 establishFederal Circuit and Family Court (Division 2) · 4 September 2026
DecisionJCT25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1706 [2026] FedCFamC2G 1706MIGRATION – 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 – whFederal Circuit and Family Court (Division 2) · 4 September 2026
DecisionDass v Minister for Immigration and Citizenship [2026] FCAFC 116 [2026] FCAFC 116MIGRATION – 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 dismissedFull Court of the Federal Court · 4 September 2026
DecisionAJQ24 v Commonwealth of Australia (No 2) [2026] FCA 1323 [2026] FCA 1323MIGRATION – 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 underFederal Court of Australia · 4 September 2026
DecisionEUE20 v Minister for Immigration and Citizenship [2026] FCA 1312 [2026] FCA 1312MIGRATION - 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 Federal Court of Australia · 4 September 2026
DecisionSZVDF v Minister for Immigration and Citizenship [2026] FCA 1287 [2026] FCA 1287MIGRATION – 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 advancFederal Court of Australia · 4 September 2026
DecisionDIEP (MIGRATION) [2026] ARTA 2177 [2026] ARTA 2177MIGRATION – 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 durinAdministrative Review Tribunal · 4 September 2026
DecisionPRISMA HOLDINGS PTY LTD (Migration) [2026] ARTA 2175 [2026] ARTA 2175MIGRATION – 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 maAdministrative Review Tribunal · 4 September 2026
DecisionFJZY and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2161 [2026] ARTA 2161MIGRATION - 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 affirAdministrative Review Tribunal · 4 September 2026
DecisionMohammed (Migration) [2026] ARTA 2117 [2026] ARTA 2117MIGRATION – 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 – dismissaAdministrative Review Tribunal · 4 September 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1712 [2026] FedCFamC2G 1712MIGRATION – 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 eFederal Circuit and Family Court (Division 2) · 3 September 2026
DecisionPervaiz v Minister for Immigration and Citizenship [2026] FedCFamC2G 1696 [2026] FedCFamC2G 1696MIGRATION – 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 applicationFederal Circuit and Family Court (Division 2) · 3 September 2026
DecisionAbraham v Minister for Immigration and Citizenship [2026] FCAFC 115 [2026] FCAFC 115MIGRATION — 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 exFull Court of the Federal Court · 3 September 2026
DecisionGQHJ v Minister for Immigration and Citizenship [2026] FCA 1305 [2026] FCA 1305MIGRATION – 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 submissiFederal Court of Australia · 3 September 2026
DecisionKunwar v Minister for Immigration and Citizenship [2026] FCA 1289 [2026] FCA 1289MIGRATION – 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 fundsFederal Court of Australia · 3 September 2026
DecisionAZL19 v Minister for Immigration and Citizenship [2026] FCA 1284 [2026] FCA 1284MIGRATION – 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 ProtectiFederal Court of Australia · 3 September 2026
DecisionSultana v Minister for Immigration and Citizenship [2026] FCA 1283 [2026] FCA 1283MIGRATION – 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 lFederal Court of Australia · 3 September 2026
DecisionCortes Sierra (Migration) [2026] ARTA 2137 [2026] ARTA 2137MIGRATION – 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 revAdministrative Review Tribunal · 3 September 2026
DecisionGobind Pty. Ltd. (Migration) [2026] ARTA 2129 [2026] ARTA 2129MIGRATION – 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 finaAdministrative Review Tribunal · 3 September 2026
DecisionTHOMAS (MIGRATION) [2026] ARTA 2119 [2026] ARTA 2119MIGRATION – 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 – indAdministrative Review Tribunal · 3 September 2026
DecisionKUMAR (MIGRATION) [2026] ARTA 2113 [2026] ARTA 2113MIGRATION – 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 Administrative Review Tribunal · 3 September 2026
DecisionSomarthi v Minister for Immigration and Citizenship [2026] FedCFamC2G 1710 [2026] FedCFamC2G 1710MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 2 September 2026
DecisionCBF23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1708 [2026] FedCFamC2G 1708MIGRATION – 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 refusedFederal Circuit and Family Court (Division 2) · 2 September 2026
DecisionAFK25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1705 [2026] FedCFamC2G 1705MIGRATION – 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 faiFederal Circuit and Family Court (Division 2) · 2 September 2026
DecisionALK25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1704 [2026] FedCFamC2G 1704MIGRATION – 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 sFederal Circuit and Family Court (Division 2) · 2 September 2026
DecisionFTK24 v Minister for Immigration and Citizenship [2026] FCA 1281 [2026] FCA 1281MIGRATION – 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 IFederal Court of Australia · 2 September 2026
DecisionVZSJ v Minister for Immigration and Multicultural Affairs [2026] FCA 1280 [2026] FCA 1280MIGRATION – 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 Federal Court of Australia · 2 September 2026
DecisionFOFANA (MIGRATION) [2026] ARTA 2179 [2026] ARTA 2179MIGRATION – 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 AustralAdministrative Review Tribunal · 2 September 2026
DecisionLEE (Migration) [2026] ARTA 2178 [2026] ARTA 2178MIGRATION – 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 casAdministrative Review Tribunal · 2 September 2026
DecisionSharma (Migration) [2026] ARTA 2126 [2026] ARTA 2126MIGRATION – 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 iAdministrative Review Tribunal · 2 September 2026
DecisionOli and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1922 [2026] ARTA 1922MIGRATION – 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 contrarAdministrative Review Tribunal · 2 September 2026
DecisionNajdovski and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1908 [2026] ARTA 1908MIGRATION – 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 exercAdministrative Review Tribunal · 2 September 2026
DecisionShaik v Minister for Immigration and Citizenship [2026] FedCFamC2G 1702 [2026] FedCFamC2G 1702MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant student visa – applicant absent from Court hearing – dismissal for non-appearanceFederal Circuit and Family Court (Division 2) · 1 September 2026
DecisionOdedra v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1701 [2026] FedCFamC2G 1701MIGRATION - 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 dismissedFederal Circuit and Family Court (Division 2) · 1 September 2026
DecisionKGP25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1697 [2026] FedCFamC2G 1697MIGRATION – 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 alFederal Circuit and Family Court (Division 2) · 1 September 2026
DecisionMohammed v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2026] FedCFamC2G 1695 [2026] FedCFamC2G 1695MIGRATION - Application for a Student (Temporary) (Class TU) visa - Where the applicant was found not to be a genuine temporary entrant – No error demonstrated - Application dismissedFederal Circuit and Family Court (Division 2) · 1 September 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1690 [2026] FedCFamC2G 1690MIGRATION – 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 jFederal Circuit and Family Court (Division 2) · 1 September 2026
DecisionFLLB v Minister for Immigration and Citizenship [2026] FCA 1298 [2026] FCA 1298MIGRATION – 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 declaraFederal Court of Australia · 1 September 2026
DecisionSurender v Minister for Immigration and Citizenship [2026] FCA 1276 [2026] FCA 1276MIGRATION – 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 caseFederal Court of Australia · 1 September 2026
DecisionRanavue v Minister for Immigration and Citizenship [2026] FCA 1274 [2026] FCA 1274MIGRATION – 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 consiFederal Court of Australia · 1 September 2026
DecisionCastillo (Migration) [2026] ARTA 2180 [2026] ARTA 2180MIGRATION – 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,Administrative Review Tribunal · 1 September 2026
DecisionPRESS DUBBO PTY LTD (Migration) [2026] ARTA 2176 [2026] ARTA 2176MIGRATION – 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 manAdministrative Review Tribunal · 1 September 2026
DecisionBUCA (MIGRATION) [2026] ARTA 2171 [2026] ARTA 2171MIGRATION – 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 Administrative Review Tribunal · 1 September 2026
DecisionMackenzie-Wilson and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1897 [2026] ARTA 1897Migration – 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 – possibilitAdministrative Review Tribunal · 1 September 2026
DecisionNasir v Minister for Immigration and Citizenship [2026] FedCFamC2G 1709 [2026] FedCFamC2G 1709MIGRATION – Point in time that an application is taken to have been made to the Court – whether applicant requires extension of timeFederal Circuit and Family Court (Division 2) · 31 August 2026
DecisionRodrigo Gomes Da Silva v Minister for Immigration and Citizenship [2026] FCA 1277 [2026] FCA 1277MIGRATION – 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 wasFederal Court of Australia · 31 August 2026
DecisionLKQD v Minister for Immigration and Citizenship [2026] FCA 1270 [2026] FCA 1270MIGRATION – 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 communityFederal Court of Australia · 31 August 2026
DecisionHENAO ORTIZ (MIGRATION) [2026] ARTA 2173 [2026] ARTA 2173MIGRATION – 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 coursesAdministrative Review Tribunal · 31 August 2026
DecisionAMINIDEHAGHI (MIGRATION) [2026] ARTA 2172 [2026] ARTA 2172MIGRATION – 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 Administrative Review Tribunal · 31 August 2026
DecisionLondono Sanchez (Migration) [2026] ARTA 2132 [2026] ARTA 2132MIGRATION – 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 reAdministrative Review Tribunal · 31 August 2026
DecisionLocal Roots and Food Pty Ltd (Migration) [2026] ARTA 2122 [2026] ARTA 2122MIGRATION – 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 asideAdministrative Review Tribunal · 31 August 2026
DecisionTip (Migration) [2026] ARTA 2106 [2026] ARTA 2106MIGRATION – 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 – unsaAdministrative Review Tribunal · 31 August 2026
DecisionSMSV and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1925 [2026] ARTA 1925MIGRATION – 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 cAdministrative Review Tribunal · 31 August 2026
DecisionGWJV and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1888 [2026] ARTA 1888MIGRATION – review under sections 501(2), character test, Ministerial Direction No. 110.Administrative Review Tribunal · 31 August 2026
DecisionOmbelli and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1882 [2026] ARTA 1882MIGRATION – 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 – deAdministrative Review Tribunal · 31 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1692 [2026] FedCFamC2G 1692MIGRATION – 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 tFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionIslam v Minister for Immigration and Citizenship [2026] FedCFamC2G 1687 [2026] FedCFamC2G 1687MIGRATION – 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 justFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1686 [2026] FedCFamC2G 1686MIGRATION – 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 AppliFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionCHU22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1684 [2026] FedCFamC2G 1684MIGRATION – 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 jurisdFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1683 [2026] FedCFamC2G 1683MIGRATION – 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 199Federal Circuit and Family Court (Division 2) · 28 August 2026
DecisionChawla v Minister for Immigration and Citizenship [2026] FedCFamC2G 1682 [2026] FedCFamC2G 1682MIGRATION – 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 jurisdFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1681 [2026] FedCFamC2G 1681MIGRATION – 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 oFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionShah v Minister for Immigration and Citizenship [2026] FedCFamC2G 1675 [2026] FedCFamC2G 1675MIGRATION – 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 theFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionHamid v Minister for Immigration and Citizenship [2026] FedCFamC2G 1674 [2026] FedCFamC2G 1674MIGRATION – 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 claFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionKumar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1672 [2026] FedCFamC2G 1672MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 28 August 2026
DecisionAUL20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1671 [2026] FedCFamC2G 1671MIGRATION – 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 – assessmeFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionRamos v Minister for Immigration and Citizenship [2026] FedCFamC2G 1670 [2026] FedCFamC2G 1670MIGRATION – 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 theFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionBEW21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1654 [2026] FedCFamC2G 1654MIGRATION – Protection visa – decision of the then Administrative Appeals Tribunal – where Tribunal misconstrued evidence – whether error material to outcome – jurisdictional error established – writs issued.Federal Circuit and Family Court (Division 2) · 28 August 2026
DecisionLLX24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1649 [2026] FedCFamC2G 1649MIGRATION – 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 administraFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionPrince v Minister for Immigration and Citizenship [2026] FedCFamC2G 1648 [2026] FedCFamC2G 1648MIGRATION – 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 erreFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionCTA22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1647 [2026] FedCFamC2G 1647MIGRATION – 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 asFederal Circuit and Family Court (Division 2) · 28 August 2026
DecisionARB18 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1616 [2026] FedCFamC2G 1616MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 28 August 2026
DecisionNunez v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 111 [2026] FCAFC 111MIGRATION – 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 Full Court of the Federal Court · 28 August 2026
DecisionPokharel v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1253 [2026] FCA 1253MIGRATION – 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 –Federal Court of Australia · 28 August 2026
DecisionKim v Minister for Immigration and Citizenship [2026] FCA 1243 [2026] FCA 1243MIGRATION – 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 vFederal Court of Australia · 28 August 2026
DecisionFarcas v Minister for Immigration and Citizenship [2026] FCA 1228 [2026] FCA 1228MIGRATION – 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 Federal Court of Australia · 28 August 2026
DecisionBCD22 v Minister for Immigration and Citizenship [2026] FCA 1227 [2026] FCA 1227MIGRATION – 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 Federal Court of Australia · 28 August 2026
DecisionDQZ19 v Minister for Immigration and Citizenship [2026] FCA 1226 [2026] FCA 1226MIGRATION – 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 – wheFederal Court of Australia · 28 August 2026
DecisionEIS18 v Minister for Immigration and Citizenship [2026] FCA 1225 [2026] FCA 1225MIGRATION – 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 afFederal Court of Australia · 28 August 2026
DecisionSingh (Migration) [2026] ARTA 2139 [2026] ARTA 2139MIGRATION – 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 canAdministrative Review Tribunal · 28 August 2026
DecisionSHRESTHA (MIGRATION) [2026] ARTA 2124 [2026] ARTA 2124MIGRATION – 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 hoAdministrative Review Tribunal · 28 August 2026
DecisionRichards and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1867 [2026] ARTA 1867MIGRATION – 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 Administrative Review Tribunal · 28 August 2026
DecisionVTDM and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1863 [2026] ARTA 1863MIGRATION – - 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 seriouAdministrative Review Tribunal · 28 August 2026
DecisionBQU26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1673 [2026] FedCFamC2G 1673MIGRATION – 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 ofFederal Circuit and Family Court (Division 2) · 27 August 2026
DecisionKTK24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1668 [2026] FedCFamC2G 1668MIGRATION – 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 TribunFederal Circuit and Family Court (Division 2) · 27 August 2026
DecisionKubai v Minister for Immigration and Citizenship [2026] FedCFamC2G 1660 [2026] FedCFamC2G 1660MIGRATION – 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 “systFederal Circuit and Family Court (Division 2) · 27 August 2026
DecisionWu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1651 [2026] FedCFamC2G 1651MIGRATION – 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 MigrationFederal Circuit and Family Court (Division 2) · 27 August 2026
DecisionEl Samad v Minister for Immigration and Multicultural Affairs [2026] FCA 1245 [2026] FCA 1245MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) alleging legal unreasonableness – assessment of medical evidence – no error established – appeal dismissedFederal Court of Australia · 27 August 2026
DecisionWang v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1230 [2026] FCA 1230MIGRATION – 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 decisioFederal Court of Australia · 27 August 2026
DecisionYEKUPATI (MIGRATION) [2026] ARTA 2140 [2026] ARTA 2140MIGRATION – 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 remittedAdministrative Review Tribunal · 27 August 2026
DecisionFajardo Gonzalez (Migration) [2026] ARTA 2116 [2026] ARTA 2116MIGRATION – 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 homeAdministrative Review Tribunal · 27 August 2026
DecisionBloomfield and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1960 [2026] ARTA 1960MIGRATION – 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 Administrative Review Tribunal · 27 August 2026
DecisionMatthews-Rudolph and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1827 [2026] ARTA 1827MIGRATION – 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 DiAdministrative Review Tribunal · 27 August 2026
DecisionGSQ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1809 [2026] FedCFamC2G 1809MIGRATION – Application for extension of time in which to seek review of Registrar decisionFederal Circuit and Family Court (Division 2) · 26 August 2026
DecisionFTP24 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1665 [2026] FedCFamC2G 1665MIGRATION — 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.Federal Circuit and Family Court (Division 2) · 26 August 2026
DecisionJVW24 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1663 [2026] FedCFamC2G 1663MIGRATION — 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 — applFederal Circuit and Family Court (Division 2) · 26 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1662 [2026] FedCFamC2G 1662MIGRATION — 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 tFederal Circuit and Family Court (Division 2) · 26 August 2026
DecisionDuro v Minister for Immigration and Citizenship [2026] FedCFamC2G 1661 [2026] FedCFamC2G 1661MIGRATION — 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 aFederal Circuit and Family Court (Division 2) · 26 August 2026
DecisionNaeem v Minister for Immigration and Citizenship [2026] FedCFamC2G 1655 [2026] FedCFamC2G 1655MIGRATION – 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 heaFederal Circuit and Family Court (Division 2) · 26 August 2026
DecisionMudireddy v Minister for Immigration and Citizenship [2026] FedCFamC2G 1650 [2026] FedCFamC2G 1650MIGRATION – 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 undeFederal Circuit and Family Court (Division 2) · 26 August 2026
DecisionPatel v Minister for Immigration and Citizenship [2026] FCA 1216 [2026] FCA 1216MIGRATION – 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 deFederal Court of Australia · 26 August 2026
DecisionBGZX v Minister for Immigration and Citizenship [2026] FCA 1207 [2026] FCA 1207MIGRATION – 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 reaFederal Court of Australia · 26 August 2026
DecisionFarrugia v Minister for Immigration and Multicultural Affairs [2026] FCA 1201 [2026] FCA 1201MIGRATION – 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 Federal Court of Australia · 26 August 2026
DecisionMorris and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1866 [2026] ARTA 1866MIGRATION – 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 – MinistAdministrative Review Tribunal · 26 August 2026
DecisionFSB25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1652 [2026] FedCFamC2G 1652MIGRATION – 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 anFederal Circuit and Family Court (Division 2) · 25 August 2026
DecisionDVY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1642 [2026] FedCFamC2G 1642MIGRATION – 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 dismissedFederal Circuit and Family Court (Division 2) · 25 August 2026
DecisionCai v Minister for Immigration and Citizenship [2026] FedCFamC2G 1630 [2026] FedCFamC2G 1630MIGRATION – 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 – juriFederal Circuit and Family Court (Division 2) · 25 August 2026
DecisionMinister for Immigration and Citizenship v GNHW [2026] FCAFC 107 [2026] FCAFC 107MIGRATION – 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 decisiFull Court of the Federal Court · 25 August 2026
DecisionGUE18 v Minister for Immigration and Citizenship [2026] FCA 1213 [2026] FCA 1213MIGRATION – 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 intFederal Court of Australia · 25 August 2026
DecisionCRT22 v Minister for Immigration and Citizenship [2026] FCA 1211 [2026] FCA 1211MIGRATION – 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 – whetheFederal Court of Australia · 25 August 2026
DecisionCHE20 v Minister for Immigration and Citizenship [2026] FCA 1210 [2026] FCA 1210MIGRATION – 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 – proposFederal Court of Australia · 25 August 2026
DecisionBLX23 v Minister for Immigration and Citizenship [2026] FCA 1209 [2026] FCA 1209MIGRATION – 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 applicatFederal Court of Australia · 25 August 2026
DecisionWang v Minister for Immigration and Citizenship [2026] FCA 1205 [2026] FCA 1205MIGRATION – 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 Federal Court of Australia · 25 August 2026
DecisionLEONG (MIGRATION) [2026] ARTA 2174 [2026] ARTA 2174MIGRATION – 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 authAdministrative Review Tribunal · 25 August 2026
DecisionMAVAL GROUP PTY LTD (Migration) [2026] ARTA 2131 [2026] ARTA 2131MIGRATION – 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’sAdministrative Review Tribunal · 25 August 2026
DecisionDeswal (Migration) [2026] ARTA 2112 [2026] ARTA 2112MIGRATION – 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 – decisionAdministrative Review Tribunal · 25 August 2026
DecisionCHAN (MIGRATION) [2026] ARTA 2104 [2026] ARTA 2104MIGRATION – 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 – acceptedAdministrative Review Tribunal · 25 August 2026
DecisionChimmalee and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1826 [2026] ARTA 1826MIGRATION – 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 revoAdministrative Review Tribunal · 25 August 2026
DecisionKing and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1825 [2026] ARTA 1825MIGRATION – review under s 501CA(4), character test, – Ministerial Direction No. 110.Administrative Review Tribunal · 25 August 2026
DecisionIUW25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1659 [2026] FedCFamC2G 1659MIGRATION – 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 andFederal Circuit and Family Court (Division 2) · 24 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1640 [2026] FedCFamC2G 1640MIGRATION 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.Federal Circuit and Family Court (Division 2) · 24 August 2026
DecisionMZAPC v Minister for Immigration and Citizenship [2026] FedCFamC2G 1639 [2026] FedCFamC2G 1639MIGRATION – 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 MinisFederal Circuit and Family Court (Division 2) · 24 August 2026
DecisionBAX24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1634 [2026] FedCFamC2G 1634MIGRATION – 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’ - applicabilFederal Circuit and Family Court (Division 2) · 24 August 2026
DecisionDaza v Minister for Immigration and Citizenship [2026] FedCFamC2G 1624 [2026] FedCFamC2G 1624MIGRATION – 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 operatiFederal Circuit and Family Court (Division 2) · 24 August 2026
DecisionSigdel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1623 [2026] FedCFamC2G 1623MIGRATION – 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 – AllFederal Circuit and Family Court (Division 2) · 24 August 2026
DecisionManu v Minister for Immigration and Citizenship [2026] FCAFC 108 [2026] FCAFC 108MIGRATION – 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 TribunaFull Court of the Federal Court · 24 August 2026
DecisionRatapu v Minister for Immigration and Citizenship [2026] FCA 1330 [2026] FCA 1330MIGRATION – 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 – whetherFederal Court of Australia · 24 August 2026
DecisionGGW18 v Minister for Immigration and Multicultural Affairs [2026] FCA 1198 [2026] FCA 1198MIGRATION – 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 ofFederal Court of Australia · 24 August 2026
DecisionKAKADU KIMBERLY FASHION WEAR PTY LTD ATF CHOWDHURY FAMILY TRUST (Migration) [2026] ARTA 2136 [2026] ARTA 2136MIGRATION – 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 sponsorshipAdministrative Review Tribunal · 24 August 2026
DecisionALI (MIGRATION) [2026] ARTA 2135 [2026] ARTA 2135MIGRATION – 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 baAdministrative Review Tribunal · 24 August 2026
DecisionVHVB and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1865 [2026] ARTA 1865MIGRATION – 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 Administrative Review Tribunal · 24 August 2026
DecisionRadam and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1824 [2026] ARTA 1824MIGRATION – 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 Administrative Review Tribunal · 24 August 2026
DecisionSingh (Migration) [2026] ARTA 2108 [2026] ARTA 2108MIGRATION – 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 AAdministrative Review Tribunal · 23 August 2026
DecisionTorres Christancho (Migration) [2026] ARTA 2111 [2026] ARTA 2111MIGRATION – 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 – properAdministrative Review Tribunal · 22 August 2026
DecisionLNI25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1629 [2026] FedCFamC2G 1629MIGRATION – 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 arguabFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionBIQ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1628 [2026] FedCFamC2G 1628MIGRATION – 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 dismissedFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionCFE21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1626 [2026] FedCFamC2G 1626MIGRATION 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 cancelFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionEl Akkari v Minister for Immigration and Citizenship [2026] FedCFamC2G 1622 [2026] FedCFamC2G 1622MIGRATION – 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 viFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionCXW19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1621 [2026] FedCFamC2G 1621MIGRATION – 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 dismissedFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionOhris Holdings Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1606 [2026] FedCFamC2G 1606MIGRATION – 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-satisfactFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionALR20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1597 [2026] FedCFamC2G 1597MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 21 August 2026
DecisionAIB20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1595 [2026] FedCFamC2G 1595MIGRATION – 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 TFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionHossain v Minister for Immigration and Citizenship [2026] FedCFamC2G 1594 [2026] FedCFamC2G 1594MIGRATION – 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 busiFederal Circuit and Family Court (Division 2) · 21 August 2026
DecisionBXY20 v Minister for Immigration and Citizenship [2026] FCA 1187 [2026] FCA 1187MIGRATION – 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 AustFederal Court of Australia · 21 August 2026
DecisionLim v Assistant Minister for Citizenship, Customs, and Multicultural Affairs [2026] FCA 1179 [2026] FCA 1179MIGRATION – 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 methFederal Court of Australia · 21 August 2026
DecisionET ELECTRICAL GROUP PTY LTD (Migration) [2026] ARTA 2118 [2026] ARTA 2118MIGRATION – 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 andAdministrative Review Tribunal · 21 August 2026
DecisionSingh (Migration) [2026] ARTA 2107 [2026] ARTA 2107MIGRATION – 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 – appliAdministrative Review Tribunal · 21 August 2026
DecisionAntonio (Migration) [2026] ARTA 2105 [2026] ARTA 2105MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – authorising stay of more than 12 consecutive months – exceptional circumstances – family medical issues – decision under review affirmedAdministrative Review Tribunal · 21 August 2026
DecisionKUFFOUR (MIGRATION) [2026] ARTA 1911 [2026] ARTA 1911MIGRATION – 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 aAdministrative Review Tribunal · 21 August 2026
DecisionGissila and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1886 [2026] ARTA 1886MIGRATION - 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 –Administrative Review Tribunal · 21 August 2026
DecisionFSZQ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1829 [2026] ARTA 1829MIGRATION – 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 uAdministrative Review Tribunal · 21 August 2026
DecisionTWGJ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1803 [2026] ARTA 1803MIGRATION – 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 consideringAdministrative Review Tribunal · 21 August 2026
DecisionMoko and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1753 [2026] ARTA 1753MIGRATION – 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 mAdministrative Review Tribunal · 21 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1636 [2026] FedCFamC2G 1636MIGRATION – 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 reviFederal Circuit and Family Court (Division 2) · 20 August 2026
DecisionIZJ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1627 [2026] FedCFamC2G 1627MIGRATION – 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)(Federal Circuit and Family Court (Division 2) · 20 August 2026
DecisionMehta v Minister for Immigration and Citizenship [2026] FedCFamC2G 1620 [2026] FedCFamC2G 1620MIGRATION – 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 makFederal Circuit and Family Court (Division 2) · 20 August 2026
DecisionASI23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1619 [2026] FedCFamC2G 1619MIGRATION – 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 errFederal Circuit and Family Court (Division 2) · 20 August 2026
DecisionZangmo v Minister for Immigration and Citizenship [2026] FedCFamC2G 1618 [2026] FedCFamC2G 1618MIGRATION – 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 AustFederal Circuit and Family Court (Division 2) · 20 August 2026
DecisionKaur v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1601 [2026] FedCFamC2G 1601MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 20 August 2026
DecisionParmar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1598 [2026] FedCFamC2G 1598MIGRATION – 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 toFederal Circuit and Family Court (Division 2) · 20 August 2026
DecisionLuong v Minister for Immigration and Citizenship [2026] FedCFamC2G 1596 [2026] FedCFamC2G 1596MIGRATION – 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-termFederal Circuit and Family Court (Division 2) · 20 August 2026
DecisionPatel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1554 [2026] FedCFamC2G 1554MIGRATION – 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 – applicaFederal Circuit and Family Court (Division 2) · 20 August 2026
DecisionDXR19 v Minister for Immigration and Citizenship [2026] FCA 1189 [2026] FCA 1189MIGRATION – 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 appFederal Court of Australia · 20 August 2026
DecisionNawaz v Minister for Immigration and Citizenship [2026] FCA 1182 [2026] FCA 1182MIGRATION – 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 CourtFederal Court of Australia · 20 August 2026
DecisionSingh v Minister for Immigration and Multicultural Affairs [2026] FCA 1171 [2026] FCA 1171MIGRATION – 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 Federal Court of Australia · 20 August 2026
DecisionBoltz Pty Ltd (Migration) [2026] ARTA 2123 [2026] ARTA 2123MIGRATION – 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 TAdministrative Review Tribunal · 20 August 2026
DecisionChung (Migration) [2026] ARTA 1918 [2026] ARTA 1918MIGRATION – 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 preAdministrative Review Tribunal · 20 August 2026
DecisionMaia Filho (Migration) [2026] ARTA 1904 [2026] ARTA 1904MIGRATION – 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 prAdministrative Review Tribunal · 20 August 2026
DecisionFlynn and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1899 [2026] ARTA 1899MIGRATION – 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 revAdministrative Review Tribunal · 20 August 2026
DecisionTshibangu and Minister for Immigration and Citizenship (Practice and procedure) [2026] ARTA 1802 [2026] ARTA 1802CITIZENSHIP – extension of time request – very significant delay – inadequate explanation for the delay – extension of time application refusedAdministrative Review Tribunal · 20 August 2026
DecisionChoudhary and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 1716 [2026] ARTA 1716CITIZENSHIP – 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 Administrative Review Tribunal · 20 August 2026
DecisionMohammed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1720 [2026] FedCFamC2G 1720MIGRATION – Where Tribunal concluded applicant was not a genuine temporary entrant for study – merits review.Federal Circuit and Family Court (Division 2) · 19 August 2026
DecisionKarina v Minister for Immigration and Citizenship [2026] FedCFamC2G 1609 [2026] FedCFamC2G 1609MIGRATION – 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 theFederal Circuit and Family Court (Division 2) · 19 August 2026
DecisionIshwar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1608 [2026] FedCFamC2G 1608MIGRATION – 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 personFederal Circuit and Family Court (Division 2) · 19 August 2026
DecisionYin v Minister for Immigration and Citizenship [2026] FedCFamC2G 1607 [2026] FedCFamC2G 1607MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant medical treatment visa – applicant absent from Court hearing – dismissal for non-appearance.Federal Circuit and Family Court (Division 2) · 19 August 2026
DecisionDGT22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1600 [2026] FedCFamC2G 1600MIGRATION – 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 ofFederal Circuit and Family Court (Division 2) · 19 August 2026
DecisionTran v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1586 [2026] FedCFamC2G 1586MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 19 August 2026
DecisionFAL19 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1585 [2026] FedCFamC2G 1585MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 19 August 2026
DecisionCMU19 v Minister for Immigration and Multicultural Affairs [2026] FCA 1199 [2026] FCA 1199MIGRATION – 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 costsFederal Court of Australia · 19 August 2026
DecisionFPL18 v Minister for Immigration and Citizenship [2026] FCA 1188 [2026] FCA 1188MIGRATION – 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 costsFederal Court of Australia · 19 August 2026
DecisionCLT19 v Minister for Immigration and Citizenship [2026] FCA 1174 [2026] FCA 1174MIGRATION – 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 aFederal Court of Australia · 19 August 2026
DecisionJRX25 v Minister for Immigration and Citizenship [2026] FCA 1170 [2026] FCA 1170MIGRATION – 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 TrFederal Court of Australia · 19 August 2026
DecisionSZTVK v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1163 [2026] FCA 1163MIGRATION – 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 judgFederal Court of Australia · 19 August 2026
DecisionAQX20 v Minister for Immigration and Citizenship [2026] FCA 1159 [2026] FCA 1159MIGRATION – 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 Federal Court of Australia · 19 August 2026
DecisionEL ATTAR (MIGRATION) [2026] ARTA 2127 [2026] ARTA 2127MIGRATION – 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 sAdministrative Review Tribunal · 19 August 2026
Decision2509399 (REFUGEE) [2026] ARTA 2018 [2026] ARTA 2018REFUGEE – 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 – decisionAdministrative Review Tribunal · 19 August 2026
DecisionBYFL and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1983 [2026] ARTA 1983MIGRATION – 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 Administrative Review Tribunal · 19 August 2026
DecisionMehau and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1698 [2026] ARTA 1698MIGRATION – 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 MiAdministrative Review Tribunal · 19 August 2026
DecisionBarahuee and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1697 [2026] ARTA 1697MIGRATION – 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 apAdministrative Review Tribunal · 19 August 2026
DecisionEMD20 v Minister for Immigration and Citizenship [2026] FCA 1258 [2026] FCA 1258MIGRATION – 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 costsFederal Court of Australia · 18 August 2026
DecisionTriven RDY Pty Ltd (Migration) [2026] ARTA 2000 [2026] ARTA 2000MIGRATION – 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 remittedAdministrative Review Tribunal · 18 August 2026
DecisionSATNAM SINGH (MIGRATION) [2026] ARTA 1909 [2026] ARTA 1909MIGRATION – 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 – relaAdministrative Review Tribunal · 18 August 2026
DecisionCNF19 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1584 [2026] FedCFamC2G 1584MIGRATION 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 exFederal Circuit and Family Court (Division 2) · 17 August 2026
DecisionAl-Dmour v Minister for Immigration and Citizenship [2026] FCA 1251 [2026] FCA 1251MIGRATION – 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 priFederal Court of Australia · 17 August 2026
DecisionMiglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2026] FCA 1178 [2026] FCA 1178MIGRATION – 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 dismisFederal Court of Australia · 17 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FCA 1158 [2026] FCA 1158MIGRATION – 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 dismissedFederal Court of Australia · 17 August 2026
DecisionTCXM v Commonwealth of Australia (access to medical records) [2026] FCA 1151 [2026] FCA 1151MIGRATION – 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 iFederal Court of Australia · 17 August 2026
DecisionRani v Minister for Immigration and Citizenship [2026] FedCFamC2G 1583 [2026] FedCFamC2G 1583MIGRATION LAW – Employer nomination visa – Nominator deregistered in 2022 – Nominator discontinued judicial review proceeding – Application dismissedFederal Circuit and Family Court (Division 2) · 14 August 2026
DecisionDCD25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1576 [2026] FedCFamC2G 1576MIGRATION – 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 asFederal Circuit and Family Court (Division 2) · 14 August 2026
DecisionCLJ22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1574 [2026] FedCFamC2G 1574MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 14 August 2026
DecisionABZ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1573 [2026] FedCFamC2G 1573MIGRATION – 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 – applicatFederal Circuit and Family Court (Division 2) · 14 August 2026
DecisionDRM26 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1563 [2026] FedCFamC2G 1563MIGRATION – 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 – Federal Circuit and Family Court (Division 2) · 14 August 2026
DecisionBFM25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1561 [2026] FedCFamC2G 1561MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 14 August 2026
DecisionMwambwa v Minister for Immigration and Citizenship [2026] FCA 1217 [2026] FCA 1217MIGRATION – 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 Federal Court of Australia · 14 August 2026
DecisionCAB22 v Minister for Immigration and Citizenship [2026] FCA 1147 [2026] FCA 1147MIGRATION – 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 theFederal Court of Australia · 14 August 2026
DecisionVirk v Minister for Immigration and Multicultural Affairs [2026] FCA 1146 [2026] FCA 1146MIGRATION – 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 vFederal Court of Australia · 14 August 2026
DecisionKakkar v Minister for Immigration and Citizenship [2026] FCA 1139 [2026] FCA 1139MIGRATION – 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 StudentFederal Court of Australia · 14 August 2026
DecisionFZA18 v Minister for Immigration and Citizenship [2026] FCA 1132 [2026] FCA 1132MIGRATION – 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 oFederal Court of Australia · 14 August 2026
Decision2535984 (REFUGEE) [2026] ARTA 2170 [2026] ARTA 2170REFUGEE – protection visa – India – imputed political opinion – communal violence – land dispute – physical assault – fear of killing – state protection – internal relocation – decision under review affirmedAdministrative Review Tribunal · 14 August 2026
DecisionSabahlpcc Pty Ltd (Migration) [2026] ARTA 2121 [2026] ARTA 2121MIGRATION – 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 shoppAdministrative Review Tribunal · 14 August 2026
DecisionPOTGIETER (Migration) [2026] ARTA 2103 [2026] ARTA 2103MIGRATION – 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 assessmeAdministrative Review Tribunal · 14 August 2026
DecisionMBAKA (MIGRATION) [2026] ARTA 1997 [2026] ARTA 1997MIGRATION – 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 cancellAdministrative Review Tribunal · 14 August 2026
DecisionIJU25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1575 [2026] FedCFamC2G 1575MIGRATION – 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 countFederal Circuit and Family Court (Division 2) · 13 August 2026
DecisionAQM26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1571 [2026] FedCFamC2G 1571MIGRATION – judicial review – decision of Administrative Review Tribunal refusing to grant protection visas – applicants absent from Court hearing – dismissal for non-appearanceFederal Circuit and Family Court (Division 2) · 13 August 2026
DecisionGNY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1559 [2026] FedCFamC2G 1559MIGRATION – 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 – NFederal Circuit and Family Court (Division 2) · 13 August 2026
DecisionRehman v Minister for Immigration and Citizenship [2026] FCA 1161 [2026] FCA 1161MIGRATION – 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 withFederal Court of Australia · 13 August 2026
DecisionKhan v Minister for Immigration and Citizenship [2026] FCA 1134 [2026] FCA 1134MIGRATION – 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 appelFederal Court of Australia · 13 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FCA 1131 [2026] FCA 1131MIGRATION – 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 describedFederal Court of Australia · 13 August 2026
DecisionEYK18 v Minister for Immigration and Citizenship [2026] FCA 1119 [2026] FCA 1119MIGRATION – 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 – whethFederal Court of Australia · 13 August 2026
DecisionS & S Kindergarten Pty Ltd (Migration) [2026] ARTA 2120 [2026] ARTA 2120MIGRATION – 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 – nominAdministrative Review Tribunal · 13 August 2026
DecisionPham (Migration) [2026] ARTA 1917 [2026] ARTA 1917MIGRATION – 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 liAdministrative Review Tribunal · 13 August 2026
DecisionTRAN (MIGRATION) [2026] ARTA 1912 [2026] ARTA 1912MIGRATION – 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 –Administrative Review Tribunal · 13 August 2026
DecisionRGVG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1701 [2026] ARTA 1701MIGRATION – 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 cAdministrative Review Tribunal · 13 August 2026
DecisionZhang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1560 [2026] FedCFamC2G 1560MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 12 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1546 [2026] FedCFamC2G 1546MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 12 August 2026
DecisionGurung v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2026] FedCFamC2G 1545 [2026] FedCFamC2G 1545MIGRATION – 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 thFederal Circuit and Family Court (Division 2) · 12 August 2026
DecisionDPK24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1527 [2026] FedCFamC2G 1527MIGRATION – 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 applicaFederal Circuit and Family Court (Division 2) · 12 August 2026
DecisionSingh v Minister for Immigration & Citizenship [2026] FedCFamC2G 1452 [2026] FedCFamC2G 1452MIGRATION – 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 foFederal Circuit and Family Court (Division 2) · 12 August 2026
DecisionLGH24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1400 [2026] FedCFamC2G 1400MIGRATION – 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 – ApplicaFederal Circuit and Family Court (Division 2) · 12 August 2026
DecisionMFKF v Minister for Immigration and Citizenship [2026] FCA 1108 [2026] FCA 1108MIGRATION – 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 cohortFederal Court of Australia · 12 August 2026
Decision2560794 (Migration) [2026] ARTA 2084 [2026] ARTA 2084MIGRATION – 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 – crAdministrative Review Tribunal · 12 August 2026
DecisionHuynh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1549 [2026] FedCFamC2G 1549MIGRATION 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 granFederal Circuit and Family Court (Division 2) · 11 August 2026
DecisionCCS23 v Minister for Immigration and Citizenship [2026] FCA 1172 [2026] FCA 1172MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – no appearance by the appellant – appeal dismissedFederal Court of Australia · 11 August 2026
DecisionSomal v Minister for Immigration and Citizenship [2026] FCA 1122 [2026] FCA 1122MIGRATION – 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 thFederal Court of Australia · 11 August 2026
DecisionRoger Tennis Club Pty Ltd (Migration) [2026] ARTA 2138 [2026] ARTA 2138MIGRATION – 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 confirmAdministrative Review Tribunal · 11 August 2026
DecisionFAN (MIGRATION) [2026] ARTA 2130 [2026] ARTA 2130MIGRATION – 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 relationshipAdministrative Review Tribunal · 11 August 2026
DecisionDHIMAN (MIGRATION) [2026] ARTA 1998 [2026] ARTA 1998MIGRATION – 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 aAdministrative Review Tribunal · 11 August 2026
DecisionMezcals Pty Ltd (Migration) [2026] ARTA 1996 [2026] ARTA 1996MIGRATION – 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 affirmedAdministrative Review Tribunal · 11 August 2026
DecisionHEJAZE (MIGRATION) [2026] ARTA 1915 [2026] ARTA 1915MIGRATION – 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 circumstancesAdministrative Review Tribunal · 11 August 2026
DecisionPALASIT (MIGRATION) [2026] ARTA 1914 [2026] ARTA 1914MIGRATION – 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 marriAdministrative Review Tribunal · 11 August 2026
DecisionHFWT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1765 [2026] ARTA 1765MIGRATION – 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 baAdministrative Review Tribunal · 11 August 2026
DecisionSarwar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1556 [2026] FedCFamC2G 1556MIGRATION – Student (Subclass 500) visa – Application for judicial review – Non-appearance by the applicant – Application for judicial review dismissed with costs.Federal Circuit and Family Court (Division 2) · 10 August 2026
DecisionIJG25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1551 [2026] FedCFamC2G 1551MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 10 August 2026
DecisionSidhu v Minister for Immigration and Citizenship [2026] FCA 1103 [2026] FCA 1103MIGRATION – 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 refusFederal Court of Australia · 10 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FCA 1098 [2026] FCA 1098MIGRATION – 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 StudentFederal Court of Australia · 10 August 2026
DecisionLi v Federal Circuit and Family Court of Australia [2026] FCA 1034 [2026] FCA 1034MIGRATION – 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 MigFederal Court of Australia · 10 August 2026
DecisionINBOX MOVING SERVICES PTY LTD (MIGRATION) [2026] ARTA 1993 [2026] ARTA 1993MIGRATION – 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 capacitAdministrative Review Tribunal · 10 August 2026
DecisionEDY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1658 [2026] FedCFamC2G 1658MIGRATION – 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 andFederal Circuit and Family Court (Division 2) · 7 August 2026
DecisionMohammed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1532 [2026] FedCFamC2G 1532MIGRATION – 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 coFederal Circuit and Family Court (Division 2) · 7 August 2026
DecisionSaeed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1531 [2026] FedCFamC2G 1531MIGRATION – application for judicial review – medical treatment visa – whether decision of the then Administrative Appeals Tribunal affected by jurisdictional error – application dismissed with costs.Federal Circuit and Family Court (Division 2) · 7 August 2026
DecisionFEJ19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1529 [2026] FedCFamC2G 1529MIGRATION –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 – wFederal Circuit and Family Court (Division 2) · 7 August 2026
DecisionDUA19 v Minister for Immigration and Citizenship [2026] FCA 1099 [2026] FCA 1099MIGRATION – 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 iFederal Court of Australia · 7 August 2026
DecisionDKCQ v Minister for Immigration and Citizenship [2026] FCA 1079 [2026] FCA 1079MIGRATION – 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 establiFederal Court of Australia · 7 August 2026
DecisionMWAJUMA YOWALI (MIGRATION) [2026] ARTA 2101 [2026] ARTA 2101MIGRATION – 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 recognitioAdministrative Review Tribunal · 7 August 2026
DecisionVISHAL (MIGRATION) [2026] ARTA 1999 [2026] ARTA 1999MIGRATION – 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 autogenerAdministrative Review Tribunal · 7 August 2026
DecisionMoktan (Migration) [2026] ARTA 1995 [2026] ARTA 1995MIGRATION – 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 hardshipAdministrative Review Tribunal · 7 August 2026
DecisionKAUR (MIGRATION) [2026] ARTA 1976 [2026] ARTA 1976MIGRATION – 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 capacitAdministrative Review Tribunal · 7 August 2026
DecisionGUVINDER SINGH (MIGRATION) [2026] ARTA 1913 [2026] ARTA 1913MIGRATION – 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 Administrative Review Tribunal · 7 August 2026
DecisionHong v Minister for Immigration and Citizenship [2026] FedCFamC2G 1535 [2026] FedCFamC2G 1535MIGRATION – 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 lFederal Circuit and Family Court (Division 2) · 6 August 2026
DecisionWang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1524 [2026] FedCFamC2G 1524MIGRATION – judicial review – decision of delegate refusing to waive no further stay condition on visa previously granted – no point of principle – application dismissed.Federal Circuit and Family Court (Division 2) · 6 August 2026
DecisionYusuf v Minister for Immigration and Citizenship [2026] FedCFamC2G 1523 [2026] FedCFamC2G 1523MIGRATION – 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 proFederal Circuit and Family Court (Division 2) · 6 August 2026
DecisionDOE25 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1522 [2026] FedCFamC2G 1522MIGRATION – 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 RegiFederal Circuit and Family Court (Division 2) · 6 August 2026
DecisionPetrou v Minister for Immigration and Citizenship [2026] FedCFamC2G 1521 [2026] FedCFamC2G 1521MIGRATION – 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 engageFederal Circuit and Family Court (Division 2) · 6 August 2026
DecisionANN26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1520 [2026] FedCFamC2G 1520MIGRATION – 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 evidFederal Circuit and Family Court (Division 2) · 6 August 2026
DecisionFuturz Pty Ltd v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1519 [2026] FedCFamC2G 1519MIGRATION – 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 – wherFederal Circuit and Family Court (Division 2) · 6 August 2026
DecisionVontela v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1518 [2026] FedCFamC2G 1518MIGRATION – 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 sponsoFederal Circuit and Family Court (Division 2) · 6 August 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1515 [2026] FedCFamC2G 1515MIGRATION LAW – whether a visa cancellation had been procedurally proper – where no jurisdictional error established – application dismissed..Federal Circuit and Family Court (Division 2) · 6 August 2026
DecisionFML18 v Minister for Immigration and Citizenship [2026] FCA 1081 [2026] FCA 1081MIGRATION – 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 appFederal Court of Australia · 6 August 2026
DecisionDRY18 v Minister for Immigration and Citizenship [2026] FCA 1077 [2026] FCA 1077MIGRATION – 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 conducFederal Court of Australia · 6 August 2026
DecisionCDD24 v Minister for Immigration and Citizenship [2026] FCA 1070 [2026] FCA 1070MIGRATION – 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 (CFederal Court of Australia · 6 August 2026
DecisionAFL20 v Minister for Immigration and Citizenship [2026] FCA 1067 [2026] FCA 1067MIGRATION – 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 graFederal Court of Australia · 6 August 2026
DecisionJoshi Aryal (Migration) [2026] ARTA 2115 [2026] ARTA 2115MIGRATION – 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 aAdministrative Review Tribunal · 6 August 2026
DecisionTamang (Migration) [2026] ARTA 1977 [2026] ARTA 1977MIGRATION – 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 Administrative Review Tribunal · 6 August 2026
DecisionPlaintiff S32/2026 v Minister for Immigration and Citizenship [2026] HCA 27 [2026] HCA 27Administrative 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 conclHigh Court of Australia · 5 August 2026
DecisionPlaintiff M98/2025 v Minister for Immigration and Citizenship [2026] HCA 26 [2026] HCA 26Administrative 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 delHigh Court of Australia · 5 August 2026
DecisionDBY25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1510 [2026] FedCFamC2G 1510MIGRATION – 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 inviFederal Circuit and Family Court (Division 2) · 5 August 2026
DecisionSandhu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1509 [2026] FedCFamC2G 1509MIGRATION – 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 TribFederal Circuit and Family Court (Division 2) · 5 August 2026
DecisionAOG19 v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1507 [2026] FedCFamC2G 1507MIGRATION – 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 motivatedFederal Circuit and Family Court (Division 2) · 5 August 2026
DecisionAUX20 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1499 [2026] FedCFamC2G 1499MIGRATION – 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 – TriFederal Circuit and Family Court (Division 2) · 5 August 2026
DecisionBSX20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1495 [2026] FedCFamC2G 1495MIGRATION – 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 jurFederal Circuit and Family Court (Division 2) · 5 August 2026
DecisionACW21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1487 [2026] FedCFamC2G 1487MIGRATION – 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 refFederal Circuit and Family Court (Division 2) · 5 August 2026
DecisionSamuelu v Minister for Immigration and Citizenship [2026] FCAFC 100 [2026] FCAFC 100MIGRATION – 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 advFull Court of the Federal Court · 5 August 2026
DecisionBaig v Minister for Immigration and Citizenship [2026] FCA 1197 [2026] FCA 1197MIGRATION – 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 36.75Federal Court of Australia · 5 August 2026
DecisionJunaid v Minister for Immigration and Citizenship [2026] FCA 1128 [2026] FCA 1128MIGRATION – 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(Federal Court of Australia · 5 August 2026
DecisionFBU20 v Minister for Immigration and Citizenship [2026] FCA 1076 [2026] FCA 1076MIGRATION – 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 refusFederal Court of Australia · 5 August 2026
DecisionDYFV v Minister for Immigration and Citizenship [2026] FCA 1069 [2026] FCA 1069MIGRATION – 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 deFederal Court of Australia · 5 August 2026
DecisionChen (Migration) [2026] ARTA 1974 [2026] ARTA 1974MIGRATION – 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 busiAdministrative Review Tribunal · 5 August 2026
DecisionZhang (Migration) [2026] ARTA 1957 [2026] ARTA 1957MIGRATION – 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 remittedAdministrative Review Tribunal · 5 August 2026
DecisionHARPINDER SINGH (MIGRATION) [2026] ARTA 1844 [2026] ARTA 1844MIGRATION – 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 – wAdministrative Review Tribunal · 5 August 2026
DecisionKANDA (MIGRATION) [2026] ARTA 1836 [2026] ARTA 1836MIGRATION – 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 futurAdministrative Review Tribunal · 5 August 2026
DecisionEVW25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1475 [2026] FedCFamC2G 1475MIGRATION –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-appeaFederal Circuit and Family Court (Division 2) · 4 August 2026
DecisionEVG19 v Minister for Immigration and Citizenship [2026] FCA 1126 [2026] FCA 1126MIGRATION – 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 deFederal Court of Australia · 4 August 2026
DecisionSaini v Minister for Immigration and Citizenship [2026] FCA 1116 [2026] FCA 1116MIGRATION – 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 establisFederal Court of Australia · 4 August 2026
DecisionHasan v Minister for Immigration and Citizenship [2026] FCA 1105 [2026] FCA 1105MIGRATION – 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 deFederal Court of Australia · 4 August 2026
DecisionEOQ20 v Minister for Immigration and Multicultural Affairs [2026] FCA 1078 [2026] FCA 1078MIGRATION – 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 deFederal Court of Australia · 4 August 2026
Decision2300178 (REFUGEE) [2026] ARTA 2091 [2026] ARTA 2091REFUGEE – 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 affirmedAdministrative Review Tribunal · 4 August 2026
Decision2218056 (MIGRATION) [2026] ARTA 2017 [2026] ARTA 2017MIGRATION – 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 sponsorshipAdministrative Review Tribunal · 4 August 2026
DecisionMUMTAZ (MIGRATION) [2026] ARTA 1978 [2026] ARTA 1978MIGRATION – 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 edAdministrative Review Tribunal · 4 August 2026
DecisionDaza Agudelo (Migration) [2026] ARTA 1936 [2026] ARTA 1936MIGRATION – 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 revAdministrative Review Tribunal · 4 August 2026
DecisionMohammad (Migration) [2026] ARTA 1848 [2026] ARTA 1848MIGRATION – 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 affirmedAdministrative Review Tribunal · 4 August 2026
DecisionORQ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1501 [2026] FedCFamC2G 1501MIGRATION – 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 asideFederal Circuit and Family Court (Division 2) · 3 August 2026
DecisionKBO25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1500 [2026] FedCFamC2G 1500MIGRATION – 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 asideFederal Circuit and Family Court (Division 2) · 3 August 2026
DecisionEHT19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1497 [2026] FedCFamC2G 1497MIGRATION – 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 iFederal Circuit and Family Court (Division 2) · 3 August 2026
DecisionSethi v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1491 [2026] FedCFamC2G 1491MIGRATION — 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 prFederal Circuit and Family Court (Division 2) · 3 August 2026
DecisionAKK23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1490 [2026] FedCFamC2G 1490MIGRATION — 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 assumptioFederal Circuit and Family Court (Division 2) · 3 August 2026
DecisionCYO23 v Minister for Immigration and Citizenship [2026] FCA 1050 [2026] FCA 1050MIGRATION – 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 nFederal Court of Australia · 3 August 2026
DecisionBui v Minister for Immigration and Citizenship [2026] FCA 1040 [2026] FCA 1040MIGRATION – 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 thFederal Court of Australia · 3 August 2026
DecisionDBB18 v Minister for Immigration and Citizenship [2026] FCA 1033 [2026] FCA 1033MIGRATION – 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 judFederal Court of Australia · 3 August 2026
DecisionThammakit (Migration) [2026] ARTA 1954 [2026] ARTA 1954MIGRATION – 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 affirmedAdministrative Review Tribunal · 3 August 2026
DecisionKHAN (MIGRATION) [2026] ARTA 1906 [2026] ARTA 1906MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – dismissal decision – failure to attend Tribunal hearing – dismissal confirmed – decision under review affirmedAdministrative Review Tribunal · 3 August 2026
DecisionMOHAMMED (MIGRATION) [2026] ARTA 1846 [2026] ARTA 1846MIGRATION – 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 – applicationAdministrative Review Tribunal · 3 August 2026
DecisionFPT25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1476 [2026] FedCFamC2G 1476MIGRATION – 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 applicatiFederal Circuit and Family Court (Division 2) · 31 July 2026
DecisionBMN25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1471 [2026] FedCFamC2G 1471MIGRATION – 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 – whetFederal Circuit and Family Court (Division 2) · 31 July 2026
DecisionPanlyn Australia Pty Ltd v Minister for Immigration and Citizenship [2026] FedCFamC2G 1126 [2026] FedCFamC2G 1126PRACTICE 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 MiniFederal Circuit and Family Court (Division 2) · 31 July 2026
DecisionAIH18 v Minister for Immigration and Citizenship [2026] FCA 993 [2026] FCA 993MIGRATION – 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 Federal Court of Australia · 31 July 2026
DecisionEHQ25 v Minister for Immigration and Citizenship [2026] FCA 1039 [2026] FCA 1039MIGRATION – 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 satiFederal Court of Australia · 31 July 2026
DecisionMartin v Minister for Immigration and Citizenship [2026] FCA 1027 [2026] FCA 1027MIGRATION – 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 Federal Court of Australia · 31 July 2026
DecisionVPBY v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 1026 [2026] FCA 1026MIGRATION – 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 (TribFederal Court of Australia · 31 July 2026
DecisionCNN17 v Minister for Immigration and Citizenship [2026] FCA 1017 [2026] FCA 1017MIGRATION – 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 AppealsFederal Court of Australia · 31 July 2026
DecisionCalle Restrepo (Migration) [2026] ARTA 1956 [2026] ARTA 1956MIGRATION – 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 Administrative Review Tribunal · 31 July 2026
DecisionRugabuna and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1764 [2026] ARTA 1764MIGRATION - 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 otherAdministrative Review Tribunal · 31 July 2026
DecisionKUQ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1478 [2026] FedCFamC2G 1478MIGRATION – 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 nonFederal Circuit and Family Court (Division 2) · 30 July 2026
DecisionBZX20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1474 [2026] FedCFamC2G 1474MIGRATION – 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 consideFederal Circuit and Family Court (Division 2) · 30 July 2026
DecisionFFK18 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1463 [2026] FedCFamC2G 1463MIGRATION – 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 foreseFederal Circuit and Family Court (Division 2) · 30 July 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1462 [2026] FedCFamC2G 1462MIGRATION – Whether visa application vitiated by third party fraud – S&S Migration.Federal Circuit and Family Court (Division 2) · 30 July 2026
DecisionDRJ21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1456 [2026] FedCFamC2G 1456MIGRATION – 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, meFederal Circuit and Family Court (Division 2) · 30 July 2026
DecisionBST20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1455 [2026] FedCFamC2G 1455MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 30 July 2026
DecisionKhan v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1441 [2026] FedCFamC2G 1441MIGRATION – 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 toFederal Circuit and Family Court (Division 2) · 30 July 2026
DecisionYu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1424 [2026] FedCFamC2G 1424MIGRATION – Whether finding that applicant did not intend to stay in Australia temporarily was illogical.Federal Circuit and Family Court (Division 2) · 30 July 2026
DecisionBrar v Minister for Immigration and Citizenship [2026] FedCFamC2G 1373 [2026] FedCFamC2G 1373MIGRATION – 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 – AppFederal Circuit and Family Court (Division 2) · 30 July 2026
DecisionFLS24 v Minister for Immigration and Citizenship [2026] FCA 994 [2026] FCA 994MIGRATION – 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 baseFederal Court of Australia · 30 July 2026
DecisionFetalaiga v Minister for Immigration and Citizenship [2026] FCA 1025 [2026] FCA 1025PRACTICE 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 legFederal Court of Australia · 30 July 2026
DecisionKim v Assistant Minister for Immigration [2026] FCA 1020 [2026] FCA 1020MIGRATION – 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 Federal Court of Australia · 30 July 2026
DecisionYew (Migration) [2026] ARTA 1953 [2026] ARTA 1953MIGRATION – 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 – decisiAdministrative Review Tribunal · 30 July 2026
DecisionFCVQ and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1720 [2026] ARTA 1720MIGRATION – 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 – considerationAdministrative Review Tribunal · 30 July 2026
DecisionBLG24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1467 [2026] FedCFamC2G 1467MIGRATION – 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) – wheFederal Circuit and Family Court (Division 2) · 29 July 2026
DecisionNUE25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1454 [2026] FedCFamC2G 1454MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 29 July 2026
DecisionCTN24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1447 [2026] FedCFamC2G 1447MIGRATION – 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 misapprehendFederal Circuit and Family Court (Division 2) · 29 July 2026
DecisionIshaq v Minister for Immigration and Citizenship [2026] FedCFamC2G 1442 [2026] FedCFamC2G 1442MIGRATION – 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 MigFederal Circuit and Family Court (Division 2) · 29 July 2026
DecisionCUD21 v Minister for Immigration and Citizenship [2026] FCA 999 [2026] FCA 999MIGRATION – 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 dismissedFederal Court of Australia · 29 July 2026
DecisionGade v Minister for Immigration and Citizenship [2026] FCA 1008 [2026] FCA 1008MIGRATION – 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 rFederal Court of Australia · 29 July 2026
DecisionK & S Food Services Pty Ltd (Migration) [2026] ARTA 1856 [2026] ARTA 1856MIGRATION – 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 payrollAdministrative Review Tribunal · 29 July 2026
DecisionKharel v Minister for Immigration and Citizenship [2026] FedCFamC2G 1464 [2026] FedCFamC2G 1464MIGRATION – 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 informaFederal Circuit and Family Court (Division 2) · 28 July 2026
DecisionKaur v Minister for Immigration and Citizenship [2026] FedCFamC2G 1451 [2026] FedCFamC2G 1451MIGRATION – 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 consiFederal Circuit and Family Court (Division 2) · 28 July 2026
DecisionBXO19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1449 [2026] FedCFamC2G 1449MIGRATION – 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 participaFederal Circuit and Family Court (Division 2) · 28 July 2026
DecisionSidhu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1342 [2026] FedCFamC2G 1342MIGRATION – 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 – ApplicFederal Circuit and Family Court (Division 2) · 28 July 2026
DecisionAfzal v Minister for Immigration and Citizenship [2026] FCA 998 [2026] FCA 998MIGRATION – 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 AppFederal Court of Australia · 28 July 2026
DecisionKozak v Minister for Immigration and Citizenship (No 2) [2026] FCA 1001 [2026] FCA 1001MIGRATION - 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 didFederal Court of Australia · 28 July 2026
DecisionSIMPSON (MIGRATION) [2026] ARTA 1973 [2026] ARTA 1973MIGRATION – 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 spenAdministrative Review Tribunal · 28 July 2026
DecisionInternational Aviation Alliance Pty Ltd (Migration) [2026] ARTA 1971 [2026] ARTA 1971MIGRATION – 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 emplAdministrative Review Tribunal · 28 July 2026
DecisionBuduja (Migration) [2026] ARTA 1853 [2026] ARTA 1853MIGRATION – 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 affirmedAdministrative Review Tribunal · 28 July 2026
DecisionCHN26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1445 [2026] FedCFamC2G 1445MIGRATION – 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 wFederal Circuit and Family Court (Division 2) · 27 July 2026
DecisionAhmed (Migration) [2026] ARTA 1934 [2026] ARTA 1934MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – current enrolment – decision under review affirmedAdministrative Review Tribunal · 27 July 2026
DecisionTangam (Migration) [2026] ARTA 1854 [2026] ARTA 1854MIGRATION – 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 specifiAdministrative Review Tribunal · 27 July 2026
DecisionWang (Migration) [2026] ARTA 1980 [2026] ARTA 1980MIGRATION – 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 – decisAdministrative Review Tribunal · 25 July 2026
DecisionETN24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1433 [2026] FedCFamC2G 1433MIGRATION – 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 protectFederal Circuit and Family Court (Division 2) · 24 July 2026
DecisionCJR20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1423 [2026] FedCFamC2G 1423MIGRATION – 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 oppoFederal Circuit and Family Court (Division 2) · 24 July 2026
DecisionCYW19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1420 [2026] FedCFamC2G 1420MIGRATION – judicial review – decision of Administrative Appeals Tribunal refusing to grant protection visa – no point of principle – application dismissedFederal Circuit and Family Court (Division 2) · 24 July 2026
DecisionFAM24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1419 [2026] FedCFamC2G 1419MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 24 July 2026
DecisionIRJ24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1418 [2026] FedCFamC2G 1418MIGRATION – judicial review – decisions of Administrative Appeals Tribunal dismissing application for non-appearance and confirming dismissal decision – no point of principle – application dismissed.Federal Circuit and Family Court (Division 2) · 24 July 2026
DecisionABT23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1413 [2026] FedCFamC2G 1413MIGRATION – 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 irratiFederal Circuit and Family Court (Division 2) · 24 July 2026
DecisionEQN20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1399 [2026] FedCFamC2G 1399MIGRATION – 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 deciFederal Circuit and Family Court (Division 2) · 24 July 2026
DecisionThompson v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 962 [2026] FCA 962MIGRATION – 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 sufficientFederal Court of Australia · 24 July 2026
DecisionSmith (Migration) [2026] ARTA 1935 [2026] ARTA 1935MIGRATION – 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 AustraliAdministrative Review Tribunal · 24 July 2026
DecisionMorke (Migration) [2026] ARTA 1858 [2026] ARTA 1858MIGRATION – 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 affirmedAdministrative Review Tribunal · 24 July 2026
DecisionBaloch (Migration) [2026] ARTA 1837 [2026] ARTA 1837MIGRATION – 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 businAdministrative Review Tribunal · 24 July 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1579 [2026] FedCFamC2G 1579MIGRATION – Application for interlocutory injunction to prevent removal from Australia – relevant considerations.Federal Circuit and Family Court (Division 2) · 23 July 2026
DecisionAsamoah v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1422 [2026] FedCFamC2G 1422MIGRATION – 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 – whetheFederal Circuit and Family Court (Division 2) · 23 July 2026
DecisionAfzal & Minister for Immigration and Citizenship [2026] FedCFamC2G 1412 [2026] FedCFamC2G 1412MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 23 July 2026
DecisionFMV24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1411 [2026] FedCFamC2G 1411MIGRATION – 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 TrFederal Circuit and Family Court (Division 2) · 23 July 2026
DecisionCWI21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1410 [2026] FedCFamC2G 1410MIGRATION – 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’sFederal Circuit and Family Court (Division 2) · 23 July 2026
DecisionAsamoah v Minister for Immigration and Citizenship [2026] FedCFamC2G 1408 [2026] FedCFamC2G 1408MIGRATION – 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 AdminFederal Circuit and Family Court (Division 2) · 23 July 2026
DecisionDKA19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1407 [2026] FedCFamC2G 1407MIGRATION – 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 – notFederal Circuit and Family Court (Division 2) · 23 July 2026
DecisionCVX23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1406 [2026] FedCFamC2G 1406MIGRATION – 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 faileFederal Circuit and Family Court (Division 2) · 23 July 2026
DecisionLWU25 v Minister for Immigration and Citizenship [2026] FCA 973 [2026] FCA 973MIGRATION – 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 interlocFederal Court of Australia · 23 July 2026
Decision2505028 (REFUGEE) [2026] ARTA 2015 [2026] ARTA 2015REFUGEE – 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 affirmedAdministrative Review Tribunal · 23 July 2026
DecisionREINDORF (MIGRATION) [2026] ARTA 1979 [2026] ARTA 1979MIGRATION – 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 reAdministrative Review Tribunal · 23 July 2026
DecisionSHETTY (MIGRATION) [2026] ARTA 1937 [2026] ARTA 1937MIGRATION – 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 futAdministrative Review Tribunal · 23 July 2026
DecisionHU (MIGRATION) [2026] ARTA 1852 [2026] ARTA 1852MIGRATION – 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 acadeAdministrative Review Tribunal · 23 July 2026
DecisionPATEL (MIGRATION) [2026] ARTA 1850 [2026] ARTA 1850MIGRATION – 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 – mislAdministrative Review Tribunal · 23 July 2026
DecisionGFQ25 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1488 [2026] FedCFamC2G 1488MIGRATION – Protection visa – Judicial Review of the Tribunal’s decision – where no jurisdictional error is established – application dismissed.Federal Circuit and Family Court (Division 2) · 22 July 2026
DecisionKovoor v Minister for Immigration and Citizenship [2026] FedCFamC2G 1448 [2026] FedCFamC2G 1448MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 22 July 2026
DecisionBIQ20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1417 [2026] FedCFamC2G 1417MIGRATION – application for judicial review of decision of the Administrative Appeals Tribunal – whether Tribunal denied applicant procedural fairness – no jurisdictional error – application dismissed with costs.Federal Circuit and Family Court (Division 2) · 22 July 2026
DecisionViveck KC v Minister for Immigration and Citizenship [2026] FedCFamC2G 1416 [2026] FedCFamC2G 1416MIGRATION – 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) Federal Circuit and Family Court (Division 2) · 22 July 2026
DecisionNeira v Minister for Immigration and Citizenship [2026] FedCFamC2G 1414 [2026] FedCFamC2G 1414MIGRATION – 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 eFederal Circuit and Family Court (Division 2) · 22 July 2026
DecisionAsif v Minister for Immigration and Citizenship [2026] FedCFamC2G 1402 [2026] FedCFamC2G 1402MIGRATION – 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) – meanFederal Circuit and Family Court (Division 2) · 22 July 2026
DecisionARO21 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1395 [2026] FedCFamC2G 1395MIGRATION – 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 applicFederal Circuit and Family Court (Division 2) · 22 July 2026
DecisionTEHGO PTY LTD (Migration) [2026] ARTA 1847 [2026] ARTA 1847MIGRATION – 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 opAdministrative Review Tribunal · 22 July 2026
DecisionKaur (Migration) [2026] ARTA 1838 [2026] ARTA 1838MIGRATION – 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 – faAdministrative Review Tribunal · 22 July 2026
DecisionKTR24 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1711 [2026] FedCFamC2G 1711MIGRATION – Protection visa – Review of ART decision – whether there is jurisdictional error – failure to consider applicant’s submissions – writs issued.Federal Circuit and Family Court (Division 2) · 21 July 2026
DecisionKozak v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 965 [2026] FCA 965MIGRATION - interlocutory application for discovery and production - application dismissedFederal Court of Australia · 21 July 2026
DecisionKZS25 v Minister for Immigration and Citizenship [2026] FCA 949 [2026] FCA 949MIGRATION – 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 timeFederal Court of Australia · 21 July 2026
DecisionPuru v Minister for Immigration and Citizenship [2026] FCA 937 [2026] FCA 937MIGRATION - 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 501Federal Court of Australia · 21 July 2026
DecisionTOOR (MIGRATION) [2026] ARTA 1952 [2026] ARTA 1952MIGRATION – 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 affirmedAdministrative Review Tribunal · 21 July 2026
DecisionCHEN (MIGRATION) [2026] ARTA 1933 [2026] ARTA 1933MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – bogus document – Personal Employment Income Certificate – inaccurate translation – no compassionate or compelling circumstances – decision under review affirmedAdministrative Review Tribunal · 21 July 2026
DecisionNa (Migration) [2026] ARTA 1932 [2026] ARTA 1932MIGRATION – 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 – deAdministrative Review Tribunal · 21 July 2026
DecisionGrewal (Migration) [2026] ARTA 1842 [2026] ARTA 1842MIGRATION – 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 – deAdministrative Review Tribunal · 21 July 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1431 [2026] FedCFamC2G 1431MIGRATION – 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 CiFederal Circuit and Family Court (Division 2) · 20 July 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1430 [2026] FedCFamC2G 1430MIGRATION – 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 CFederal Circuit and Family Court (Division 2) · 20 July 2026
DecisionDEA20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1398 [2026] FedCFamC2G 1398MIGRATION – 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 TriFederal Circuit and Family Court (Division 2) · 20 July 2026
DecisionBHI24 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1391 [2026] FedCFamC2G 1391MIGRATION – where first respondent conceded that the Tribunal had fallen into error – where such error was material and jurisdictional in nature – application for review granted.Federal Circuit and Family Court (Division 2) · 20 July 2026
DecisionMizikovsky v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FedCFamC2G 1390 [2026] FedCFamC2G 1390MIGRATION 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.Federal Circuit and Family Court (Division 2) · 20 July 2026
DecisionDRP19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1384 [2026] FedCFamC2G 1384MIGRATION 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 reqFederal Circuit and Family Court (Division 2) · 20 July 2026
DecisionMDM25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1383 [2026] FedCFamC2G 1383MIGRATION 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 – tribunaFederal Circuit and Family Court (Division 2) · 20 July 2026
DecisionGolden Wattle Retail Pty Ltd (Migration) [2026] ARTA 1958 [2026] ARTA 1958MIGRATION – 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 – deciAdministrative Review Tribunal · 20 July 2026
DecisionO'SHAUGHNESSY (MIGRATION) [2026] ARTA 1835 [2026] ARTA 1835MIGRATION – 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 separaAdministrative Review Tribunal · 20 July 2026
DecisionHSH24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1392 [2026] FedCFamC2G 1392MIGRATION – 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 –Federal Circuit and Family Court (Division 2) · 17 July 2026
DecisionHack v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1389 [2026] FedCFamC2G 1389MIGRATION—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 orFederal Circuit and Family Court (Division 2) · 17 July 2026
DecisionZhang v Minister for Immigration and Citizenship [2026] FedCFamC2G 1382 [2026] FedCFamC2G 1382MIGRATION – 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 – nFederal Circuit and Family Court (Division 2) · 17 July 2026
DecisionChen v Minister for Immigration and Citizenship [2026] FedCFamC2G 1381 [2026] FedCFamC2G 1381MIGRATION – 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 – nFederal Circuit and Family Court (Division 2) · 17 July 2026
DecisionCam v Minister for Immigration and Citizenship [2026] FedCFamC2G 1379 [2026] FedCFamC2G 1379MIGRATION – 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 tFederal Circuit and Family Court (Division 2) · 17 July 2026
DecisionDPL24 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1378 [2026] FedCFamC2G 1378MIGRATION – 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 thFederal Circuit and Family Court (Division 2) · 17 July 2026
DecisionFCP19 v Minister for Immigration and Multicultural Affairs [2026] FedCFamC2G 1377 [2026] FedCFamC2G 1377MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 17 July 2026
DecisionJanka v Minister for Immigration and Citizenship [2026] FedCFamC2G 1372 [2026] FedCFamC2G 1372MIGRATION – 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 –Federal Circuit and Family Court (Division 2) · 17 July 2026
DecisionAOZ25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1369 [2026] FedCFamC2G 1369MIGRATION – 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) (SFederal Circuit and Family Court (Division 2) · 17 July 2026
DecisionAFP20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1362 [2026] FedCFamC2G 1362MIGRATION – 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 contemporaneouFederal Circuit and Family Court (Division 2) · 17 July 2026
DecisionDUT18 v Minister for Immigration and Citizenship [2026] FCA 945 [2026] FCA 945MIGRATION – 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 gFederal Court of Australia · 17 July 2026
DecisionSoboh (Migration) [2026] ARTA 1955 [2026] ARTA 1955MIGRATION – 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 – compassionatAdministrative Review Tribunal · 17 July 2026
DecisionPahulpreet Kaur (Migration) [2026] ARTA 1851 [2026] ARTA 1851MIGRATION – 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 – compAdministrative Review Tribunal · 17 July 2026
DecisionCGZ20 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1552 [2026] FedCFamC2G 1552MIGRATION – 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 dismissedFederal Circuit and Family Court (Division 2) · 16 July 2026
DecisionMwambwa v Minister for Immigration and Citizenship [2026] FCA 931 [2026] FCA 931MIGRATION – 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 affirmFederal Court of Australia · 16 July 2026
DecisionDelpachitra v Minister for Immigration and Citizenship [2026] FCA 925 [2026] FCA 925MIGRATION – 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 befoFederal Court of Australia · 16 July 2026
DecisionTPTN v Assistant Minister for Immigration [2026] FCA 924 [2026] FCA 924MIGRATION – 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 tFederal Court of Australia · 16 July 2026
DecisionBKT17 v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 918 [2026] FCA 918MIGRATION - 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 thFederal Court of Australia · 16 July 2026
Decision2418212 (REFUGEE) [2026] ARTA 2167 [2026] ARTA 2167REFUGEE – 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 –Administrative Review Tribunal · 16 July 2026
DecisionHernandez Sierra (Migration) [2026] ARTA 1713 [2026] ARTA 1713MIGRATION – 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 reviewAdministrative Review Tribunal · 16 July 2026
DecisionPandey v Minister for Immigration and Citizenship [2026] FCA 927 [2026] FCA 927PRACTICE 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 decFederal Court of Australia · 15 July 2026
DecisionNguyen (Migration) [2026] ARTA 1712 [2026] ARTA 1712MIGRATION – 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 coAdministrative Review Tribunal · 15 July 2026
DecisionMinister for Immigration and Citizenship v Singh (Application for Costs Certificate) [2026] FCAFC 91 [2026] FCAFC 91COSTS – 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 grantedFull Court of the Federal Court · 14 July 2026
Decision2555936 (MIGRATION) [2026] ARTA 2083 [2026] ARTA 2083MIGRATION – 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 appliAdministrative Review Tribunal · 14 July 2026
DecisionHVE26 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1387 [2026] FedCFamC2G 1387MIGRATION — 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 AdministFederal Circuit and Family Court (Division 2) · 13 July 2026
DecisionJakkireddy v Minister for Immigration and Citizenship [2026] FCA 913 [2026] FCA 913MIGRATION – Application for leave to appeal summary dismissal – out of time – application dismissed – no issue of principleFederal Court of Australia · 10 July 2026
DecisionBFK19 v Minister for Immigration & Multicultural Affairs [2026] FCA 905 [2026] FCA 905MIGRATION – 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 Federal Court of Australia · 10 July 2026
DecisionHappi v Minister for Immigration and Citizenship [2026] FCA 889 [2026] FCA 889MIGRATION – 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 viFederal Court of Australia · 10 July 2026
DecisionCeitinn v Minister for Immigration and Citizenship [2026] FCA 887 [2026] FCA 887MIGRATION – 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-Federal Court of Australia · 10 July 2026
DecisionAJS23 v Minister for Immigration and Citizenship [2026] FCA 885 [2026] FCA 885MIGRATION – 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 Federal Court of Australia · 10 July 2026
DecisionArhbal (Migration) [2026] ARTA 1710 [2026] ARTA 1710MIGRATION – 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 courAdministrative Review Tribunal · 10 July 2026
DecisionEOF19 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1343 [2026] FedCFamC2G 1343MIGRATION – 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 unfairFederal Circuit and Family Court (Division 2) · 9 July 2026
DecisionSXHR v Minister for Immigration and Citizenship [2026] FCA 904 [2026] FCA 904PRACTICE 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 Federal Court of Australia · 9 July 2026
DecisionKaur v Minister for Immigration and Citizenship [2026] FCA 897 [2026] FCA 897MIGRATION — appeal dismissed — no question of principleFederal Court of Australia · 9 July 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FCA 895 [2026] FCA 895MIGRATION — 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 principleFederal Court of Australia · 9 July 2026
DecisionLiu v Minister for Immigration and Citizenship (No 2) [2026] FCA 876 [2026] FCA 876MIGRATION – 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 violencFederal Court of Australia · 9 July 2026
DecisionBANGASH (MIGRATION) [2026] ARTA 1714 [2026] ARTA 1714MIGRATION – 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 – deciAdministrative Review Tribunal · 9 July 2026
DecisionNCNZ v Minister for Immigration and Citizenship [2026] FCA 870 [2026] FCA 870MIGRATION – 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 TriFederal Court of Australia · 8 July 2026
DecisionPATEL (MIGRATION) [2026] ARTA 1715 [2026] ARTA 1715MIGRATION – 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 – naturalAdministrative Review Tribunal · 8 July 2026
DecisionKual v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 872 [2026] FCA 872MIGRATION – 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 applFederal Court of Australia · 7 July 2026
DecisionPiec v Minister for Immigration and Citizenship [2026] FCA 869 [2026] FCA 869MIGRATION – 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 unrFederal Court of Australia · 7 July 2026
DecisionBAU23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1434 [2026] FedCFamC2G 1434MIGRATION – 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)(Federal Circuit and Family Court (Division 2) · 6 July 2026
DecisionFKCV v Minister for Immigration and Citizenship [2026] FCA 864 [2026] FCA 864MIGRATION – 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 TribunalFederal Court of Australia · 6 July 2026
DecisionBQNZ v Minister for Immigration and Citizenship [2026] FCA 857 [2026] FCA 857MIGRATION – 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 Federal Court of Australia · 6 July 2026
DecisionYacoob (Migration) [2026] ARTA 2021 [2026] ARTA 2021MIGRATION – 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 Administrative Review Tribunal · 6 July 2026
DecisionBKRD v Minister for Immigration and Citizenship [2026] FCA 865 [2026] FCA 865MIGRATION – 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 visFederal Court of Australia · 3 July 2026
Decision2205880 (Migration) [2026] ARTA 1902 [2026] ARTA 1902MIGRATION – 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 afAdministrative Review Tribunal · 3 July 2026
Decision2400139 (REFUGEE) [2026] ARTA 2196 [2026] ARTA 2196REFUGEE – 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 –Administrative Review Tribunal · 2 July 2026
Decision2216111 (Refugee) [2026] ARTA 2190 [2026] ARTA 2190REFUGEE – 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 Administrative Review Tribunal · 2 July 2026
DecisionDIR22 v Minister for Immigration and Multicultural Affairs [2026] FCA 961 [2026] FCA 961MIGRATION — 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 dismissedFederal Court of Australia · 30 June 2026
DecisionDoan v Minister for Immigration and Citizenship (No 2) [2026] FedCFamC2G 1274 [2026] FedCFamC2G 1274MIGRATION – 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 madeFederal Circuit and Family Court (Division 2) · 29 June 2026
Decision2306217 (Migration) [2026] ARTA 1901 [2026] ARTA 1901MIGRATION – 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 –Administrative Review Tribunal · 18 June 2026
DecisionRaveavea (Migration) [2026] ARTA 2128 [2026] ARTA 2128MIGRATION – 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 Administrative Review Tribunal · 17 June 2026
DecisionBibyan (Migration) [2026] ARTA 2125 [2026] ARTA 2125MIGRATION – 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 goalAdministrative Review Tribunal · 13 June 2026
DecisionDarma (Migration) [2026] ARTA 2110 [2026] ARTA 2110MIGRATION – 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 compAdministrative Review Tribunal · 12 June 2026
DecisionLe (Migration) [2026] ARTA 2133 [2026] ARTA 2133MIGRATION – 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 afAdministrative Review Tribunal · 10 June 2026
DecisionAmandeep Singh (Migration) [2026] ARTA 2109 [2026] ARTA 2109MIGRATION – 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 affirmedAdministrative Review Tribunal · 10 June 2026
DecisionMango & Pamela Thai Restaurant Pty (Migration) [2026] ARTA 2134 [2026] ARTA 2134MIGRATION – 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 – Administrative Review Tribunal · 9 June 2026
Decision2315134 (REFUGEE) [2026] ARTA 1787 [2026] ARTA 1787REFUGEE – 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 prAdministrative Review Tribunal · 9 June 2026
DecisionAran Barbosa (Migration) [2026] ARTA 2114 [2026] ARTA 2114MIGRATION – 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 aAdministrative Review Tribunal · 5 June 2026
DecisionDarren John Frame (Migration) [2026] ARTA 2102 [2026] ARTA 2102MIGRATION – 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 – Administrative Review Tribunal · 5 June 2026
DecisionUnion Electric Pty Ltd (Migration) [2026] ARTA 1855 [2026] ARTA 1855MIGRATION – 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 taskAdministrative Review Tribunal · 4 June 2026
DecisionChong (Migration) [2026] ARTA 1839 [2026] ARTA 1839MIGRATION – 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 abroAdministrative Review Tribunal · 4 June 2026
DecisionWu (Migration) [2026] ARTA 1916 [2026] ARTA 1916MIGRATION – 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 cirAdministrative Review Tribunal · 2 June 2026
DecisionWu (Migration) [2026] ARTA 1860 [2026] ARTA 1860MIGRATION – 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 andAdministrative Review Tribunal · 2 June 2026
Decision2541903 (Refugee) [2026] ARTA 1711 [2026] ARTA 1711REFUGEE – 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 fearAdministrative Review Tribunal · 2 June 2026
Decision2404035 (REFUGEE) [2026] ARTA 1709 [2026] ARTA 1709REFUGEE – 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 affirmedAdministrative Review Tribunal · 1 June 2026
DecisionRajnikant (Migration) [2026] ARTA 1920 [2026] ARTA 1920MIGRATION – 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 progressionAdministrative Review Tribunal · 27 May 2026
DecisionDuong (Migration) [2026] ARTA 1849 [2026] ARTA 1849MIGRATION – 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 iAdministrative Review Tribunal · 27 May 2026
DecisionLee (Migration) [2026] ARTA 1845 [2026] ARTA 1845MIGRATION – 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 appliAdministrative Review Tribunal · 25 May 2026
DecisionRed Coral Management Pty Ltd ATF Le Family Trust (Migration) [2026] ARTA 1840 [2026] ARTA 1840MIGRATION – 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 ordeAdministrative Review Tribunal · 25 May 2026
DecisionAMV23 v Minister for Immigration and Citizenship [2026] FedCFamC2G 902 [2026] FedCFamC2G 902MIGRATION – 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 Federal Circuit and Family Court (Division 2) · 22 May 2026
DecisionYu v Minister for Immigration and Citizenship [2026] FedCFamC2G 1589 [2026] FedCFamC2G 1589MIGRATION – Where grounds expressly directed to primary decision – whether time in which to provide additional documents to Tribunal was unfair or unreasonableFederal Circuit and Family Court (Division 2) · 21 May 2026
DecisionBorbon Rojas (Migration) [2026] ARTA 1841 [2026] ARTA 1841MIGRATION – 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 alAdministrative Review Tribunal · 21 May 2026
DecisionMohammed v Minister for Immigration and Citizenship [2026] FedCFamC2G 1460 [2026] FedCFamC2G 1460MIGRATION – review of Administrative Appeals Tribunal decision – whether decision affected by jurisdictional error – jurisdictional error not established – application dismissed.Federal Circuit and Family Court (Division 2) · 20 May 2026
DecisionKAUR (Migration) [2026] ARTA 1843 [2026] ARTA 1843MIGRATION – 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 supAdministrative Review Tribunal · 20 May 2026
DecisionJTA25 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1457 [2026] FedCFamC2G 1457MIGRATION – 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.Federal Circuit and Family Court (Division 2) · 18 May 2026
Decision2403241 (REFUGEE) [2026] ARTA 1809 [2026] ARTA 1809REFUGEE – protection visa – Malaysia – particular social group – victim of loan shark – physical assault – internal relocation – state protection – decision under review affirmedAdministrative Review Tribunal · 15 May 2026
DecisionTwinoz Pty Ltd (Migration) [2026] ARTA 1859 [2026] ARTA 1859MIGRATION – 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 comAdministrative Review Tribunal · 14 May 2026
Decision2214513 (Migration) [2026] ARTA 1834 [2026] ARTA 1834MIGRATION – 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 provideAdministrative Review Tribunal · 14 May 2026
Decision2311505 (REFUGEE) [2026] ARTA 1774 [2026] ARTA 1774REFUGEE – 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 underAdministrative Review Tribunal · 14 May 2026
DecisionRomualdo Miani (Migration) [2026] ARTA 1857 [2026] ARTA 1857MIGRATION – 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 ofAdministrative Review Tribunal · 13 May 2026
DecisionACI22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1540 [2026] FedCFamC2G 1540MIGRATION – Whether applicant given sufficient time to submit evidence – whether procedural unfairness occasioned by rescheduling of Tribunal hearingFederal Circuit and Family Court (Division 2) · 12 May 2026
Decision2105167 (REFUGEE) [2026] ARTA 1770 [2026] ARTA 1770REFUGEE – 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 affirmedAdministrative Review Tribunal · 11 May 2026
Decision2306750 (Migration) [2026] ARTA 1754 [2026] ARTA 1754MIGRATION – 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 individAdministrative Review Tribunal · 11 May 2026
Decision2404806 (Refugee) [2026] ARTA 2210 [2026] ARTA 2210REFUGEE – protection visa – China – imputed political opinion – land resumption without compensation – physical assault – torture – fear of killing – detention – state protection – decision under review affirmedAdministrative Review Tribunal · 8 May 2026
Decision2010563 (REFUGEE) [2026] ARTA 1813 [2026] ARTA 1813REFUGEE – 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 Administrative Review Tribunal · 6 May 2026
Decision2108058 (Refugee) [2026] ARTA 1789 [2026] ARTA 1789REFUGEE – 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 deAdministrative Review Tribunal · 6 May 2026
Decision2215536 (REFUGEE) [2026] ARTA 1773 [2026] ARTA 1773REFUGEE – 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 unconvinAdministrative Review Tribunal · 6 May 2026
Decision2405836 (REFUGEE) [2026] ARTA 1772 [2026] ARTA 1772REFUGEE – protection visa – Vietnam – no appearance at hearing – application for review dismissed – no application for reinstatement – dismissal confirmed – decision under review affirmedAdministrative Review Tribunal · 6 May 2026
Decision2204878 (REFUGEE) [2026] ARTA 1728 [2026] ARTA 1728REFUGEE – 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 Administrative Review Tribunal · 6 May 2026
Decision2409594 (REFUGEE) [2026] ARTA 2169 [2026] ARTA 2169REFUGEE – 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 remittedAdministrative Review Tribunal · 5 May 2026
Decision2216869 (Refugee) [2026] ARTA 2165 [2026] ARTA 2165REFUGEE – 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 reviewAdministrative Review Tribunal · 5 May 2026
Decision2410139 (REFUGEE) [2026] ARTA 2213 [2026] ARTA 2213REFUGEE – 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 aAdministrative Review Tribunal · 4 May 2026
Decision2206247 (REFUGEE) [2026] ARTA 2090 [2026] ARTA 2090REFUGEE – 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 claiAdministrative Review Tribunal · 4 May 2026
Decision2416289 (REFUGEE) [2026] ARTA 1732 [2026] ARTA 1732REFUGEE – 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 withAdministrative Review Tribunal · 4 May 2026
Decision2101394 (REFUGEE) [2026] ARTA 2094 [2026] ARTA 2094REFUGEE – 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 anAdministrative Review Tribunal · 3 May 2026
Decision2009173 (Refugee) [2026] ARTA 2089 [2026] ARTA 2089REFUGEE – 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 visAdministrative Review Tribunal · 3 May 2026
Decision2208607 (Refugee) [2026] ARTA 2086 [2026] ARTA 2086REFUGEE – 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 protectioAdministrative Review Tribunal · 3 May 2026
Decision2404801 (Refugee) [2026] ARTA 2214 [2026] ARTA 2214REFUGEE – 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 ecAdministrative Review Tribunal · 30 April 2026
Decision2415891 (REFUGEE) [2026] ARTA 2198 [2026] ARTA 2198REFUGEE – 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 – applicatAdministrative Review Tribunal · 30 April 2026
Decision2209935 (Refugee) [2026] ARTA 2043 [2026] ARTA 2043REFUGEE – protection visa – Taiwan – particular social group – homosexual – employment – economic conditions – fear of detention – Chinese Household Registration revoked – Taiwanese passport expired – decision under review affirmedAdministrative Review Tribunal · 30 April 2026
Decision1810149 (REFUGEE) [2026] ARTA 2013 [2026] ARTA 2013REFUGEE – 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 affirmedAdministrative Review Tribunal · 30 April 2026
Decision2531651 (REFUGEE) [2026] ARTA 1807 [2026] ARTA 1807REFUGEE – 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 – thAdministrative Review Tribunal · 30 April 2026
Decision2218268 (Refugee) [2026] ARTA 1779 [2026] ARTA 1779REFUGEE – 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 – girAdministrative Review Tribunal · 30 April 2026
Decision2545070 (Refugee) [2026] ARTA 2201 [2026] ARTA 2201REFUGEE – 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 threatsAdministrative Review Tribunal · 29 April 2026
Decision2536285 (REFUGEE) [2026] ARTA 2195 [2026] ARTA 2195REFUGEE – 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 affirmedAdministrative Review Tribunal · 29 April 2026
Decision2321304 (Refugee) [2026] ARTA 2191 [2026] ARTA 2191REFUGEE – 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 affirmedAdministrative Review Tribunal · 29 April 2026
Decision2110306 (Refugee) [2026] ARTA 2189 [2026] ARTA 2189REFUGEE – 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 affirmedAdministrative Review Tribunal · 29 April 2026
Decision2012344 (REFUGEE) [2026] ARTA 2046 [2026] ARTA 2046REFUGEE – 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-Administrative Review Tribunal · 29 April 2026
Decision2012349 (REFUGEE) [2026] ARTA 2045 [2026] ARTA 2045REFUGEE – 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 subAdministrative Review Tribunal · 29 April 2026
Decision2406323 (REFUGEE) [2026] ARTA 1786 [2026] ARTA 1786REFUGEE – 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 affirmedAdministrative Review Tribunal · 29 April 2026
Decision2114969 (REFUGEE) [2026] ARTA 1734 [2026] ARTA 1734REFUGEE – 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 claimAdministrative Review Tribunal · 29 April 2026
Decision2105340 (REFUGEE) [2026] ARTA 2216 [2026] ARTA 2216REFUGEE – 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 activitAdministrative Review Tribunal · 28 April 2026
Decision2403841 (REFUGEE) [2026] ARTA 2193 [2026] ARTA 2193REFUGEE – 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 evidenAdministrative Review Tribunal · 28 April 2026
Decision2518279 (REFUGEE) [2026] ARTA 2192 [2026] ARTA 2192REFUGEE – 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 notAdministrative Review Tribunal · 28 April 2026
Decision2210773 (REFUGEE) [2026] ARTA 2168 [2026] ARTA 2168REFUGEE – 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 affirmedAdministrative Review Tribunal · 28 April 2026
Decision2306774 (REFUGEE) [2026] ARTA 2096 [2026] ARTA 2096REFUGEE – 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 fAdministrative Review Tribunal · 28 April 2026
Decision2205359 (REFUGEE) [2026] ARTA 2085 [2026] ARTA 2085REFUGEE – 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 decreAdministrative Review Tribunal · 28 April 2026
Decision2414367 (Refugee) [2026] ARTA 2095 [2026] ARTA 2095REFUGEE – 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 withoAdministrative Review Tribunal · 27 April 2026
Decision2218758 (REFUGEE) [2026] ARTA 1785 [2026] ARTA 1785REFUGEE – 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 disputeAdministrative Review Tribunal · 27 April 2026
Decision2302702 (REFUGEE) [2026] ARTA 2215 [2026] ARTA 2215REFUGEE – 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 –Administrative Review Tribunal · 24 April 2026
Decision2400295 (Refugee) [2026] ARTA 2199 [2026] ARTA 2199REFUGEE – 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 Administrative Review Tribunal · 24 April 2026
Decision2106942 (Refugee) [2026] ARTA 2087 [2026] ARTA 2087REFUGEE – protection visa – Philippines – no Convention connection – threats from criminal gang – physical assault – fear of killing – credibility issues – decision under review affirmedAdministrative Review Tribunal · 24 April 2026
DecisionDu (Migration) [2026] ARTA 1919 [2026] ARTA 1919MIGRATION – 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 enrolmenAdministrative Review Tribunal · 24 April 2026
Decision2526309 (REFUGEE) [2026] ARTA 1733 [2026] ARTA 1733REFUGEE – 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 tAdministrative Review Tribunal · 24 April 2026
Decision2403091 (REFUGEE) [2026] ARTA 2200 [2026] ARTA 2200REFUGEE – 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 affirmedAdministrative Review Tribunal · 23 April 2026
Decision2008945 (Refugee) [2026] ARTA 2211 [2026] ARTA 2211REFUGEE – 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 – Administrative Review Tribunal · 16 April 2026
Decision2300674 (REFUGEE) [2026] ARTA 2197 [2026] ARTA 2197REFUGEE – 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 coAdministrative Review Tribunal · 16 April 2026
Decision2423167 (Refugee) [2026] ARTA 2016 [2026] ARTA 2016REFUGEE – 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 affirmedAdministrative Review Tribunal · 16 April 2026
Decision2207130 (REFUGEE) [2026] ARTA 1929 [2026] ARTA 1929REFUGEE – 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 Administrative Review Tribunal · 16 April 2026
Decision2203178 (Refugee) [2026] ARTA 1905 [2026] ARTA 1905REFUGEE – 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 – mAdministrative Review Tribunal · 16 April 2026
Decision2203766 (REFUGEE) [2026] ARTA 1903 [2026] ARTA 1903REFUGEE – protection visa – Brazil – dismissal decision – failure to attend Tribunal hearing – application for reinstatement – dismissal confirmed – application dismissedAdministrative Review Tribunal · 16 April 2026
Decision2206781 (REFUGEE) [2026] ARTA 2144 [2026] ARTA 2144REFUGEE – 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 – Administrative Review Tribunal · 15 April 2026
Decision2415604 (Refugee) [2026] ARTA 1967 [2026] ARTA 1967REFUGEE – protection visa – China – imputed political opinion – online activist – social media account blocked – fear of detention – decision under review affirmedAdministrative Review Tribunal · 15 April 2026
Decision2102682 (REFUGEE) [2026] ARTA 2202 [2026] ARTA 2202REFUGEE – 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 – decAdministrative Review Tribunal · 14 April 2026
Decision2110919 (REFUGEE) [2026] ARTA 2143 [2026] ARTA 2143REFUGEE – protection visa – Malaysia – religion – Muslim conversion to Christianity – economic conditions – extortion – family disapproval – legal restrictions – state protection – decision under review set aside and remittedAdministrative Review Tribunal · 14 April 2026
Decision2104892 (REFUGEE) [2026] ARTA 1727 [2026] ARTA 1727REFUGEE – 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 Administrative Review Tribunal · 14 April 2026
Decision2546085 (Refugee) [2026] ARTA 2147 [2026] ARTA 2147REFUGEE – 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 inacAdministrative Review Tribunal · 10 April 2026
Decision2114668 (REFUGEE) [2026] ARTA 2097 [2026] ARTA 2097REFUGEE – 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 affirmedAdministrative Review Tribunal · 10 April 2026
Decision2201215 (Refugee) [2026] ARTA 2166 [2026] ARTA 2166REFUGEE – 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 – treatmenAdministrative Review Tribunal · 9 April 2026
Decision2119165 (Refugee) [2026] ARTA 2099 [2026] ARTA 2099REFUGEE – 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 – fearAdministrative Review Tribunal · 9 April 2026
Decision2310504 (REFUGEE) [2026] ARTA 2217 [2026] ARTA 2217REFUGEE – 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 cAdministrative Review Tribunal · 7 April 2026
Decision2528383 (Refugee) [2026] ARTA 2194 [2026] ARTA 2194REFUGEE – 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 – interfaiAdministrative Review Tribunal · 7 April 2026
Decision2407296 (REFUGEE) [2026] ARTA 2092 [2026] ARTA 2092REFUGEE – 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 affirmeAdministrative Review Tribunal · 7 April 2026
Decision2215520 (REFUGEE) [2026] ARTA 1992 [2026] ARTA 1992REFUGEE – 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 claimAdministrative Review Tribunal · 7 April 2026
Decision2540157 (MIGRATION) [2026] ARTA 1994 [2026] ARTA 1994REFUGEE – 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 applicanAdministrative Review Tribunal · 6 April 2026
Decision2211736 (Refugee) [2026] ARTA 1970 [2026] ARTA 1970REFUGEE – 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 – decisiAdministrative Review Tribunal · 4 April 2026
DecisionOsorio v Minister for Immigration and Citizenship [2026] FedCFamC2G 1472 [2026] FedCFamC2G 1472MIGRATION – Whether applicant denied procedural fairness by not having sufficient time to collect documentation – merits reviewFederal Circuit and Family Court (Division 2) · 1 April 2026
Decision2203860 (REFUGEE) [2026] ARTA 2145 [2026] ARTA 2145REFUGEE – 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 reAdministrative Review Tribunal · 1 April 2026
Decision2103055 (REFUGEE) [2026] ARTA 1968 [2026] ARTA 1968REFUGEE – 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 teAdministrative Review Tribunal · 1 April 2026
Decision2320661 (Refugee) [2026] ARTA 1811 [2026] ARTA 1811REFUGE – 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 Administrative Review Tribunal · 1 April 2026
Decision2110710 (REFUGEE) [2026] ARTA 2100 [2026] ARTA 2100REFUGEE – 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 Administrative Review Tribunal · 31 March 2026
Decision2218229 (REFUGEE) [2026] ARTA 2088 [2026] ARTA 2088REFUGEE – 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 Administrative Review Tribunal · 31 March 2026
Decision2205793 (Refugee) [2026] ARTA 2019 [2026] ARTA 2019REFUGEE – 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, beaAdministrative Review Tribunal · 31 March 2026
Decision2308229 (Refugee) [2026] ARTA 1972 [2026] ARTA 1972REFUGEE – protection visa – China – particular social group – homosexual – religion – Christian – employment – no family support – decision under review affirmedAdministrative Review Tribunal · 31 March 2026
Decision2317296 (REFUGEE) [2026] ARTA 1931 [2026] ARTA 1931REFUGEE – 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 affirmedAdministrative Review Tribunal · 31 March 2026
DecisionAPN22 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1426 [2026] FedCFamC2G 1426MIGRATION – Whether error in Tribunal proceeding to determine application when applicant declined to attend hearing – whether attendance was due to illness.Federal Circuit and Family Court (Division 2) · 30 March 2026
Decision2602055 (REFUGEE) [2026] ARTA 1991 [2026] ARTA 1991REFUGEE – 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 remittedAdministrative Review Tribunal · 27 March 2026
DecisionSaleem v Minister for Immigration and Citizenship [2026] FedCFamC2G 1543 [2026] FedCFamC2G 1543MIGRATION – Whether applicant denied procedural fairness in relation to s 375A non-disclosure certificate – whether reliance on information the subject of certificate was unreasonable – bias.Federal Circuit and Family Court (Division 2) · 26 March 2026
Decision2300279 (Refugee) [2026] ARTA 1975 [2026] ARTA 1975REFUGEE – 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 – unAdministrative Review Tribunal · 26 March 2026
Decision2310985 (Refugee) [2026] ARTA 1969 [2026] ARTA 1969REFUGEE – 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 witAdministrative Review Tribunal · 26 March 2026
Decision2201668 (Refugee) [2026] ARTA 1910 [2026] ARTA 1910REFUGEE – 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 statemenAdministrative Review Tribunal · 26 March 2026
Decision2208482 (Refugee) [2026] ARTA 1810 [2026] ARTA 1810REFUGEE – 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 – inconsisteAdministrative Review Tribunal · 26 March 2026
Decision2109242 (Refugee) [2026] ARTA 1793 [2026] ARTA 1793REFUGEE – 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 aAdministrative Review Tribunal · 26 March 2026
Decision2207636 (Refugee) [2026] ARTA 1767 [2026] ARTA 1767REFUGEE – 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 conditiAdministrative Review Tribunal · 26 March 2026
Decision2308793 (Refugee) [2026] ARTA 1791 [2026] ARTA 1791REFUGEE – 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 – multipleAdministrative Review Tribunal · 25 March 2026
Decision2217616 (Refugee) [2026] ARTA 1782 [2026] ARTA 1782REFUGEE – 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 – dAdministrative Review Tribunal · 25 March 2026
DecisionSingh v Minister for Immigration and Citizenship [2026] FedCFamC2G 1716 [2026] FedCFamC2G 1716MIGRATION – Failure to attend final hearingFederal Circuit and Family Court (Division 2) · 24 March 2026
Decision2013958 (REFUGEE) [2026] ARTA 2098 [2026] ARTA 2098REFUGEE – 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 Administrative Review Tribunal · 24 March 2026
Decision2525626 (REFUGEE) [2026] ARTA 1792 [2026] ARTA 1792REFUGEE – 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 – intAdministrative Review Tribunal · 24 March 2026
Decision2219188 (Refugee) [2026] ARTA 1930 [2026] ARTA 1930REFUGEE – 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, deAdministrative Review Tribunal · 23 March 2026
Decision2202390 (Refugee) [2026] ARTA 1832 [2026] ARTA 1832REFUGEE – 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 unAdministrative Review Tribunal · 22 March 2026
Decision2202533 (REFUGEE) [2026] ARTA 1808 [2026] ARTA 1808REFUGEE – 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 runniAdministrative Review Tribunal · 20 March 2026
Decision2217571 (Refugee) [2026] ARTA 1806 [2026] ARTA 1806REFUGEE – 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 rAdministrative Review Tribunal · 20 March 2026
Decision2448404 (Refugee) [2026] ARTA 1769 [2026] ARTA 1769REFUGEE – 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 – countryAdministrative Review Tribunal · 20 March 2026
Decision2301466 (REFUGEE) [2026] ARTA 1831 [2026] ARTA 1831REFUGEE – 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-husAdministrative Review Tribunal · 19 March 2026
Decision2535501 (REFUGEE) [2026] ARTA 1771 [2026] ARTA 1771REFUGEE – 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 Administrative Review Tribunal · 16 March 2026
Decision2308933 (Refugee) [2026] ARTA 1790 [2026] ARTA 1790REFUGEE – 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 assAdministrative Review Tribunal · 12 March 2026
Decision2544499 (REFUGEE) [2026] ARTA 1760 [2026] ARTA 1760REFUGEE – 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 – dAdministrative Review Tribunal · 12 March 2026
Decision2201969 (Refugee) [2026] ARTA 1788 [2026] ARTA 1788REFUGEE – 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 Administrative Review Tribunal · 11 March 2026
Decision2212879 (Refugee) [2026] ARTA 1761 [2026] ARTA 1761REFUGEE – 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 – Administrative Review Tribunal · 11 March 2026
Decision2401588 (REFUGEE) [2026] ARTA 1730 [2026] ARTA 1730REFUGEE – 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 politAdministrative Review Tribunal · 11 March 2026
Decision2554634 (REFUGEE) [2026] ARTA 1783 [2026] ARTA 1783REFUGEE – 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 – Administrative Review Tribunal · 10 March 2026
Decision2218404 (REFUGEE) [2026] ARTA 1780 [2026] ARTA 1780REFUGEE – 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 – Administrative Review Tribunal · 10 March 2026
Decision2541655 (Refugee) [2026] ARTA 1759 [2026] ARTA 1759REFUGEE – 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 deAdministrative Review Tribunal · 10 March 2026
Decision2403305 (REFUGEE) [2026] ARTA 1731 [2026] ARTA 1731REFUGEE – 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 – harassmentAdministrative Review Tribunal · 10 March 2026
Decision2118340 (Refugee) [2026] ARTA 1708 [2026] ARTA 1708REFUGEE – 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 – dAdministrative Review Tribunal · 10 March 2026
Decision2303550 (Refugee) [2026] ARTA 1705 [2026] ARTA 1705REFUGEE – 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 determinAdministrative Review Tribunal · 9 March 2026
Decision2306379 (Refugee) [2026] ARTA 1729 [2026] ARTA 1729REFUGEE – 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 Administrative Review Tribunal · 6 March 2026
Decision2315738 (REFUGEE) [2026] ARTA 1707 [2026] ARTA 1707REFUGEE – 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 relocatioAdministrative Review Tribunal · 6 March 2026
Decision2204227 (REFUGEE) [2026] ARTA 1706 [2026] ARTA 1706REFUGEE – 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 –Administrative Review Tribunal · 6 March 2026
Decision2530999 (REFUGEE) [2026] ARTA 1784 [2026] ARTA 1784REFUGEE – 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 evAdministrative Review Tribunal · 5 March 2026
Decision2103726 (Refugee) [2026] ARTA 1737 [2026] ARTA 1737REFUGEE – 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 stronAdministrative Review Tribunal · 5 March 2026
Decision2448272 (REFUGEE) [2026] ARTA 1781 [2026] ARTA 1781REFUGEE – 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 appAdministrative Review Tribunal · 4 March 2026
Decision2307173 (Refugee) [2026] ARTA 1735 [2026] ARTA 1735REFUGEE – 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 laterAdministrative Review Tribunal · 4 March 2026
Decision2532502 (REFUGEE) [2026] ARTA 1776 [2026] ARTA 1776REFUGEE – 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 asideAdministrative Review Tribunal · 27 February 2026
DecisionSaini v Minister for Immigration and Citizenship [2026] FedCFamC2G 787 [2026] FedCFamC2G 787MIGRATION – Application for review – where no jurisdictional error is found – Habeus Corpus application – where continuing detention of the applicant is not unlawful – applications dismissed.Federal Circuit and Family Court (Division 2) · 23 February 2026
Decision2216466 (Refugee) [2026] ARTA 1895 [2026] ARTA 1895REFUGEE – 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 isAdministrative Review Tribunal · 6 January 2026
Decision2202091 (Refugee) [2025] ARTA 3438 [2025] ARTA 3438REFUGEE – 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 –Administrative Review Tribunal · 17 December 2025

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