Q. What are News & Court Cases? How they are useful to visa applicants or visa holders? 

A. News are announcement made by Dept of Home Affairs Australia time to time regarding changes made in Immigration Laws, Regulations, or Introduction of New Laws or New Visa subclasses or anything related to Immigration Matters and these are very useful to visa holders or visa applicants. For Example, recently due to Corona Virus situations, the Dept will allow overseas students to work more hours than permitted and we wish to inform our readers this announcement as News. Court Cases are cases fought in Courts of Australia especially with regards to immigration matters and how decisions have favored visa applicants or visa holders whose visas were either refused or cancelled by Dept or negative decision given by AAT. These Court Decisions are the interpretation of immigration laws and regulations jurisdiction point of view where whether Dept of AAT has made any error of law in their decisions. In Australia, Courts are at levels of Federal Circuit Court, Federal Court and High Court. Applicant can move from one court to another when decision did not come in their favor. However, applicants must be very careful in costs of these courts because when you lose case you must pay costs and if you do not pay costs you cannot be granted visa in the future. Also, error in law point of view, only highly experienced lawyers can assist you to put forward your case to the court and you must be prepared to pay fees of a lawyer. Court issues have always been costly so as a visa applicant you must set thing right from beginning. 

Q. How Best BMS Global can assist me for News and Court Cases?

A. BMS Global always keep an eye on latest news from Dept of Home Affairs and we will insert latest announcement of Dept on this page as and when available so that our readers can have ready to use information. We will also publish court decisions related to immigration matters so that our readers can have idea of decision making of courts and most importantly how courts have interpreted complex immigration laws and regulations time to time. Please note that we do not provide court services. We provided services for Dept of Home Affairs and AAT for appeals. You are requested to follow following links for news and court cases:

  • https://www.mia.org.au/documents/item/1676 -International Students are allowed to work more hours at supermarkets due to corona virus outbreak; please note this will only for short period of time so be careful to continue to work more hours than permitted.
  • Singh v Minister for Home Affairs [2020] FCA 203;

 MIGRATION – skilled visa – Australian study requirements – whether course of study “closely related” to nominated skilled occupation – Diploma of Marketing generic and not closely related to occupation of chef; Applicant failed and appeal was dismissed and overseas student must remember that their study must be closely related to occupation; overseas students are requested to consult us at very small fee about their study and occupation and also what kind of study will be useful to you if you wish to study in Australia. 

  • Quadri v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 246; 

MIGRATION — application for Student (Temporary) (class TU) (subclass 500) visa — where current enrolment in a course of study at time of decision a primary criterion for granting the visa and no such proof offered to the Tribunal on review — where this was not an issue before the Minister’s delegate and Tribunal affirmed decision of delegate not to grant the visa for this reason — where a PRISMS document in the Tribunal’s possession showed enrolment had been cancelled but the Tribunal did not disclose the record of cancellation — where the primary judge held that the Tribunal did not rely on the document but on the applicant’s oral evidence that he had discontinued the course in which he was enrolled at the time of the delegate’s decision — whether the primary judge erred in finding no jurisdictional error; Applicant failed and appeal was dismissed. Overseas student has to remain enrolled into course; it means for student visa ongoing enrolment is very important and CoE must be provided so that their PRISM can be updated. Many overseas students have been continuing courses one by one into cheap courses and by the time Court Hearing comes up students are left with nothing – either they have finished course or they discontinue course or they had no money left – in any case overseas students simply cannot go on living in Australia and go on wasting money in Australia. Students must consult very highly experienced registered migration agent BMS Global to find how best they can upgrade their skills and again can come to Australia. 

  • Kumar v Minister for Immigration and Border Protection [2020] FCAFC 16;

MIGRATION – Student (Temporary) (Class TU) visa – Ministerial Direction 53 – whether the Administrative Appeals Tribunal was obliged to consider all factors in Direction 53 – Tribunal obliged to turn his or her attention to each factor during the decision-making process and genuinely consider whether and how the factor should be brought to bear in reaching the decision – whether Tribunal obliged to make findings in respect of each factor mentioned in Direction 53 – Tribunal not obliged to make findings about each factor – whether Tribunal acted irrationally in considering visa applicant’s personal ties to his home country – whether Tribunal made a finding which was not open – appeal dismissed; Applicant failed; appeal dismissed and applicant has to bear all the costs of court.

As an overseas student you must notice all above three cases where overseas students were refused visas on different grounds by Dept. of Home Affairs Australia; they went to AAT; AAT affirmed decisions of Dept meaning by AAT agreed with Dept and did not give decision in students’ favour. Students then lodge appeals to Federal Circuit Court of Australia where again they lost their appeals and finally, they went to Federal Court of Australia and this court also dismissed their appeals meaning by overseas students all of them lost their cases everywhere. 

Kumar case of genuine student case where if an overseas student goes on extending his student visa one by one how long will he/she will be assessed as genuine student; simply extending student visa would not solve your problem of settling in Australia. It would be best to get advice from highly experienced registered migration agent like BMS Global how best you can fulfil your DREAM of settling in Australia; if not, Australia, whether other country can be suitable for migration instead of wasting precious time and money in Australia.