Recent posts about visa cancellations

Judicial Review
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‘Removed’ does not mean ‘removed’ after all: Moorcroft v Minister for Immigration… [2020] FCA 382

On Monday this week, the Federal Court of Australia handed down a decision allowing our client’s appeal of the FCCA’s and, today, we were notified that our client has been granted a Special Category (subclass 444) Visa, ending an over two-year ordeal for our client (who ended up spending over six months in immigration detention as a result). Below is the evidence (if you don’t believe us).

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Judicial Review
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So you beat visa cancellation under s 501? Get a new visa ASAP to avoid the risk of cancellation by the Minister under s 501A(2)!

Even if you receive a positive decision from a Ministerial delegate or the AAT under s 501 of the Migration Act, you remain at risk of having your visa cancelled personally by the Minister under s 501A(2).

However, getting a new visa before the Minister has the chance to make a decision under s 501A(2) may limit your risk of future cancellation.

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Administrative Appeals Tribunal
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The one where the murder victim rocked up to the Tribunal hearing: HZCP v Minister for Immigration and Border Protection [2019] FCFCA 202

When can non-citizens going through cancellation processes dispute the factual basis on which they were sentenced and convicted? The Full Court of the Federal Court of Australia’s recent decision in HZCP v Minister for Immigration and Border Protection provided an answer to that question, but raised a whole bunch more.

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