Case Law Updates

Can we make applications on behalf of a sponsor without confirming we have instructions from a person with authority to bind the sponsor? Can we rely on a colleague's assertion that instructions have been received? Does the absence of professional fees waive the need for written confirmation of agreed services? Should social media interactions be added to client files? Are all employer-sponsored visa applicants prevented from paying nomination fees and charges? Can we provide colleagues or assistants with our ImmiAccount login details?

Federal Court. Were the financial capacity criterion and enrolment criterion not entirely independent, with the result that the Tribunal's finding on the latter did not render its error on the former immaterial?

Federal Court. For subclass 485, must the Australian study requirement be satisfied, at the latest, on the day before the application for the visa is made? Is the date of completion of a course for the purpose of the Regulations what the education provider considers it should be? Is a course completed for the purpose of the Regulations as soon as an academic supervisor has positively assessed each unit of study?

Federal Court. Did the terrible pressures of time under which the Tribunal was obliged to make its review decision (the 84-day rule in s 500(6L(c)) provide a justification for the Tribunal having failed to take into account the best interests of minor children to be affected by its decision? Is the offence of failing to comply with a request made by the police to supply personal details, per se, contemplated by para 8.1.1(1)(b)(ii) of Direction 90?

Federal Court. Does the rule in Browne and Dunn, being one of fairness, apply equally to a trial judge as to counsel?

Federal Court (Full Court): Minister was allowed to cancel a BVE under reg 2.43(1)(p)(ii) based on charges against the holder, despite the fact that those charges were laid before the BVE grant.

High Court. Was Pearson v Minister for Home Affairs [2022] FCAFC 203 wrongly decided?

Federal Court. In order for an error (or errors) in the form of legal unreasonableness in a decision-making process to be labelled "jurisdictional", is it necessary for the materiality of the error to be established as a separate, additional element? Does Makasa apply to s 501(1)? In exercising the power under s 501A(2) to override a decision of the Tribunal, can the Minister rely on matters that were known to him at the time of the Tribunal hearing but not put by him (or on his behalf) to the Tribunal?

Federal Court. Is the risk posed by the non-citizen in question to the Australian community a mandatory relevant consideration for the Minister when exercising the discretion under s 501A(3)(b) of the Migration Act 1958 (Cth)?

High Court. Can it be said that "a decision maker, in whom is reposed a very general statutory power or discretion, can reduce the standard of procedural fairness to "nothingness" simply by deciding that the interests of those affected are irrelevant"?