Failing the character test under section 501 can result in visa refusal or cancellation Character test under section 501 can be used discretionary to refuse a visa application or to cancel a visa. Discretionary visa refusal or cancellation Character test under section 501 provides that a visa application may be refused if the applicant does...Read More

Visa refusal & Cancellation under section 501 and 501CA Direction No 99 is the Ministerial Direction provides consideration for the decision maker to consider when refusing or cancelling a visa under section 501 and revocation of a mandatory cancellation of a visa under section 501CA. Direction No 99 replaces Direction No 90. Like other Ministerial...Read More

You may be able to recover or regain your lost Australian PR by applying for subclass 159 visa Regaining Australian PR by former permanent residents may be possible by applying for a subclass 159 visa, Subclass 159 visa is for eligible Norfolk Island or NI (click here to learn more) and former permanent residents who...Read More

Even if you have been living in Australia for a very long time, you still be deported if your visa is cancelled Long-term Australian residents deported – is this possible? There is a clear distinction between lawful non-citizens (those who hold visas permitting them to enter and remain in Australia: s. 13 of the Migration...Read More

Australian citizenship by conferral Become an Australian citizen by conferral or applying to become an Australian citizen under s. 21 of  Australian Citizenship ACT 2007 – you must be an Australian permanent resident and satisfy a number of criteria, including general residence requirement (click here to learn if you need this requirement), must be of...Read More

If you have been living in Australia since 2 February 1984 and have not departed, you could be holding an absorbed person visa. Absorbed person visa (APV) is, by operation of law, taken to have been granted to certain people on 01 September 1994. Usually, non-Australian citizens entering the country is considered to be “immigrants”...Read More

Bogus document or false or misleading information will not meet PIC 4020 Withdrawing doc prevent PIC4020 – when applying for a visa, you may be required to satisfy PIC 4020. What is PIC 4020? PIC 4020 (Sch 4) is also known as the integrity PIC (Public Interest Criteria). PIC 4020 is to prevent visa applicants...Read More

To be granted Australian citizenship, the Department must be satisfied with your identity. Citizenship by conferral and identity requirement – if you are applying for Australian citizenship by conferral under the Australian Citizenship Act 2007, the Department must be satisfied as to your identity pursuant to s. 24(3). Section 24(3) states that the Department must...Read More

PR cancellation & citizenship cancellation PR cancellation & citizenship cancellation – can the Department cancel or revoke a child born in Australia to a PR (permanent resident) parent the child’s Australian citizenship if the parent’s PR is cancelled? In the case of Shaheen (Migration) [2020] AATA 2568, the child’s mother, Shaheen, first came to Australia...Read More

Onshore protection subclass 866 visa claims To apply for 866 protection or refugee visa, you must satisfy the definition of a “refugee”. To be a refugee, (1) you must fear persecution in your home country; (2) the persecution that you feared must be for reasons of your race, religion, nationality, membership of a particular social...Read More