Carer: meaning of ‘2 years’

Federal Circuit Court: the reference to 2 years under reg 1.15AA 'is not linked to “the assistance” but... to the “medical condition”'

Minister should have considered non-citizen’s Aboriginality

Federal Court (Full Court): 'Modern Australian society’s cultural awareness... should be at the very foundation of a decision which affects Aboriginal family and community'

Notification deemed ‘received’; no late AAT applications

Federal Court (Full Court): visa cancellation notification taken to have been received under reg 2.55(8), whether or not actually received; AAT had no discretion to accept late application under the Migration and Refugee Division

Can AAT amend statement of reasons?

Federal Court: Tribunal can correct errors in its written statement of reasons in the General Division, but only if they are 'obvious', immaterial errors

Tribunal CANNOT accept late applications

The Full Court of the Federal Court has unanimously held that 'Brown No 2 was wrongly decided and should not be followed'

Material taken to be before the Minister

Federal Court (Full Court): Where a Minister 'relies on the assessment of a Departmental officer and an officer ... within the Department withholds ... a not insignificant part of that assessment, ... the Minister will be taken to have failed to take that not insignificant material into account'

PIC 4007 waiver: a matter of likelihood, not possibility

Federal Circuit Court: the 'error made by the Tribunal was that it stopped short of assessing whether it was “unlikely” that the grant of the visa would result in undue cost or prejudice. Its analysis was entirely focused on the possibility'

Direction No 53: mandatory considerations for GTE

Federal Circuit Court: 'The Minister argued that the consequence of that was that the Tribunal did not need to refer to every factor mentioned in Direction No. 53. However, that is not what is meant by saying that the Direction is not a checklist'

Direction 65: AAT’s use of terms ‘secondary consideration’

The Full Court overturned a decision from a single judge of the Federal Court that had held that "the use of the term 'secondary [consideration]' conveys an interpretation of Direction 65 that establishes a hierarchy of considerations to be applied in all instances"

A medical certificate that was not ‘properly completed’

Federal Court: appellant failed to attend Tribunal hearing; Tribunal dismissed the application for non-appearance; appellant provided a medical certificate that was not 'properly completed'; Tribunal found appellant did not have sufficient explanation for non-appearance and did not reinstate proceedings

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