What the courts decided.
Recent migration and refugee decisions of the Federal Courts and the Administrative Review Tribunal.
89 decisions
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Federal Court of Australia 52
Kaur v Minister for Immigration and Citizenship [2026] FCA 1379
MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) – where Administrative Appeals Tribunal (Tribunal) affirmed decision of a delegate of the Minister refusing to grant a Student (Temporary) Class TU (Subclass 500) visa – where certain grounds raised do not assert any jurisdictional error or are in the nature of a request for merits review – whether the Tribunal or Federal Circuit Court denied the appellant procedural fairness – appeal dismissed
Kaur v Minister for Immigration and Citizenship [2026] FCA 1339
MIGRATION – appeal from Federal Circuit and Family Court of Australia – medical treatment visa – where Tribunal found that the appellant did not satisfy cl 602.215 of Sch 2 to the Migration Regulations 1994 (Cth) – where primary judge dismissed application for judicial review – whether any error shown in judgment of the primary judge – appeal dismissed
EIC20 v Minister for Immigration and Citizenship [2026] FCA 1338
MIGRATION – protection visa – appeal from Federal Circuit and Family Court of Australia – whether Tribunal decision affected by jurisdictional error – whether Tribunal failed to lawfully consider representations made by the appellant’s mother and brother – whether Tribunal made illogical or irrational findings about their evidence – appeal dismissed
FLLB v Minister for Immigration and Citizenship [2026] FCA 1298
MIGRATION – application for urgent interim injunction restraining respondents from removing applicant to Republic of Naoero under third country reception arrangement – where applicant was previously on a Bridging Visa R – where final relief sought is a declaration that the applicant is not prevented by s 48A of the Migration Act 1958 (Cth) from making a second Protection Visa application – whether applicant has prima facie case – whether balance of convenience favours grant of interim injunction – interim injunction granted
Surender v Minister for Immigration and Citizenship [2026] FCA 1276
MIGRATION – application for leave to appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – whether decision was interlocutory such that leave to appeal is required – where decision not attended by sufficient doubt – where no case established that substantial injustice would result if leave to appeal were refused – application dismissed – late application for adjournment made in oral reply submissions – application refused
Ranavue v Minister for Immigration and Citizenship [2026] FCA 1274
MIGRATION – application for judicial review of decision of Administrative Review Tribunal (Tribunal) affirming a decision of a delegate of the Minister not to revoke cancellation of the applicant’s visa – whether Tribunal erred by finding that the “other consideration” of “[l]egal consequences of the decision” was “not enlivened” – whether the Tribunal erred by not considering the impact of the decision on the applicant’s immediate family members in Australia – whether the Tribunal erred by failing to give individual consideration to the best interests of each relevant minor child to the extent that their interests differ – whether the Tribunal erred by failing to take into account the applicant’s mental health – application upheld
El Samad v Minister for Immigration and Multicultural Affairs [2026] FCA 1245
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) alleging legal unreasonableness – assessment of medical evidence – no error established – appeal dismissed
Wang v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1230
MIGRATION – appeal from a decision of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal dismissing an application for review of a decision of the Minister refusing to grant a visa to the appellant – whether the primary judge erred in failing to find that the Tribunal fell into jurisdictional error – no error established – appeal dismissed
DXR19 v Minister for Immigration and Citizenship [2026] FCA 1189
MIGRATION – protection visa application – refused – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – appeal therefrom – where appellant in default of appearance at appeal hearing – appeal dismissed
Singh v Minister for Immigration and Multicultural Affairs [2026] FCA 1171
MIGRATION – where refusal of Regional Employer Nomination (Class RN) (Subclass 187) visa – where employer nomination withdrawn – whether breach of procedural fairness – whether jurisdictional error – various other miscellaneous complaints – no error disclosed – appeal dismissed
CMU19 v Minister for Immigration and Multicultural Affairs [2026] FCA 1199
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – appellants failed to file submissions and to appear – grounds of appeal lacked merit in any event – appeal dismissed with costs
FPL18 v Minister for Immigration and Citizenship [2026] FCA 1188
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – appellant advanced grounds not raised below – appellant advanced grounds which were abandoned below – appeal dismissed with costs
CLT19 v Minister for Immigration and Citizenship [2026] FCA 1174
MIGRATION – application for extension of time to appeal – judicial review of protection visa decision – proposed new ground alleging denial of procedural fairness – ss 422B, 424A and 424AA of Migration Act 1958 (Cth) – distinction between adverse information and evaluative findings or reasoning – extension of time refused
JRX25 v Minister for Immigration and Citizenship [2026] FCA 1170
MIGRATION – application for judicial review of decision under s 501CA of the Migration Act 1958 (Cth) not to revoke cancellation of applicant’s visa – whether the Tribunal erred by affording “neutral weight” to the legal consequences of its decision – where Tribunal’s path of reasoning was not unintelligible or unreasonable – where Tribunal’s reasoning was sufficiently transparent – whether the Tribunal erred by refusing applicant’s request for a pseudonym – where no jurisdictional error in refusal to grant a pseudonym order – application dismissed
SZTVK v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1163
MIGRATION – appeal from a decision of the Federal Circuit Court and Family Court of Australia (Div 2) for judicial review of a decision of the Immigration Assessment Authority to refuse a protection visa – where grounds of review not raised before primary judge – leave to advance new grounds on appeal refused – proposed grounds of appeal without merit – appeal dismissed
AQX20 v Minister for Immigration and Citizenship [2026] FCA 1159
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant Appellant a protection visa – whether a probative basis for a finding by the Tribunal – either there was a probative basis for the finding, or the finding was not a critical step in the Tribunal’s reasons – appeal dismissed
Miglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2026] FCA 1178
MIGRATION – application for reinstatement of application for an extension of time and leave to appeal –where applicant leaves during the hearing – where first respondent applied for order under r 35.33 of the Federal Court Rules 2011 (Cth) – application dismissed for non-appearance
Singh v Minister for Immigration and Citizenship [2026] FCA 1158
MIGRATION – application for leave to appeal from Federal Circuit and Family Court of Australia Division 2 – no appearance by the applicant – application lacks any merit – application dismissed
CAB22 v Minister for Immigration and Citizenship [2026] FCA 1147
MIGRATION – protection visa application – refused by the delegate – decision affirmed by the Administrative Appeals Tribunal – application for judicial review dismissed by a judge of Division 2 of the Federal Circuit and Family Court of Australia – whether there is any jurisdictional error by the primary judge or the Tribunal – appeal dismissed
Kakkar v Minister for Immigration and Citizenship [2026] FCA 1139
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister refusing to grant a Student (Temporary) Class TU (Subclass 500) visa – whether the Tribunal failed to take into account an integer of a claim which clearly arose from the material – appeal dismissed
FZA18 v Minister for Immigration and Citizenship [2026] FCA 1132
MIGRATION – application for extension of time to file a notice of appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – inadequate explanation of delay –no specific prejudice to respondent – lack of merit of proposed ground of appeal – application dismissed COSTS – application under r 40.02(b) of the Federal Court Rules 2011 (Cth) – costs sought reasonable and proportionate to nature of the case – lump sum costs ordered
Rehman v Minister for Immigration and Citizenship [2026] FCA 1161
MIGRATION – application for extension of time to file notice of appeal – appeal from dismissal of application for judicial review – delay of 12 days – explanation for delay – absence of particular prejudice – merits of proposed appeal – failure to respond within time to invitation under s 359A of the Migration Act 1958 (Cth) – operation of ss 359B, 359C, 360 and 363A – request for extension made after prescribed period – no power to extend after expiry – no entitlement to appear before Tribunal – proposed new ground on appeal – extension of time refused
Khan v Minister for Immigration and Citizenship [2026] FCA 1134
MIGRATION – purported appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) to dismiss an application to extend time under s 477(2) of the Migration Act 1958 (Cth) – notice of objection to competency based on absence of appellate jurisdiction – operation of s 476A(3)(a) of the Migration Act – notice of objection to competency upheld – appeal dismissed
Singh v Minister for Immigration and Citizenship [2026] FCA 1131
MIGRATION – application for extension of time to file an application for leave to appeal from an interlocutory decision of Federal Circuit and Family Court of Australia (Division 2) – proposed grounds of appeal disclosed no arguable error of the kind described in House v R (1936) 55 CLR 499; [1936] HCA 40 – application for extension of time dismissed
EYK18 v Minister for Immigration and Citizenship [2026] FCA 1119
MIGRATION – application for extension of time to appeal, and appeal – where subsequent High Court decision clarifies the law and parties agree the primary judge erred – extension of time granted – whether primary judge should be upheld on other grounds – whether the Tribunal failed to consider a claim that the appellant faced a real risk of significant harm arising from imprisonment consequent upon non-completion of military service obligations in his receiving country – appeal dismissed
Sidhu v Minister for Immigration and Citizenship [2026] FCA 1103
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant student visa – applicant not enrolled in course of study at time of Tribunal’s decision – whether Tribunal’s decision affected by alleged fraud of migration agent – whether leave should be granted to raise issue not raised before primary judge – no error in decision of primary judge – no jurisdictional error in decision of Tribunal – appeal dismissed
Singh v Minister for Immigration and Citizenship [2026] FCA 1098
MIGRATION – appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister refusing to grant a Student (Temporary) Class TU (Subclass 500) visa – whether the Tribunal determined without a logical and probative basis that the appellant’s evidence was false – whether the Tribunal misapprehended the evidence – appeal dismissed
Li v Federal Circuit and Family Court of Australia [2026] FCA 1034
MIGRATION – Application under s 39B of the Judiciary Act 1903 (Cth) for review of a decision of the Federal Circuit and Family Court of Australia – Where Federal Circuit and Family Court of Australia refused an extension of time pursuant to s 477(2) of the Migration Act 1958 (Cth) to bring an application for judicial review of a decision by a delegate of the Minister to refuse a visa application – Whether explanation for delay is a mandatory consideration conditioning the power under s 477 of the Migration Act 1958 (Cth) – Whether Federal Circuit Court judge erred in engaging in more than an impressionist assessment of merits – Whether Federal Circuit Court judge failed to afford procedural fairness to the Applicants – No denial of fair opportunity to be heard – No jurisdictional error – Application dismissed.
DUA19 v Minister for Immigration and Citizenship [2026] FCA 1099
MIGRATION – protection visa application – refused – application for review dismissed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – appeal therefrom – where appellants in default of appearance at appeal hearing – appeal dismissed
DKCQ v Minister for Immigration and Citizenship [2026] FCA 1079
MIGRATION – judicial review of a decision of the Administrative Review Tribunal refusing to revoke cancellation of a visa – apprehended bias – comments of the Tribunal Member in the absence of the Applicant during the hearing – whether apprehended bias established – meaning of the comments of the Member – application allowed
FML18 v Minister for Immigration and Citizenship [2026] FCA 1081
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) dismissal of an application for review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the Minister not to grant the appellant a protection visa – ground of appeal not raised before primary judge – no adequate explanation for failing to take the point in Court below – sole ground of appeal not arguable – appeal dismissed
DRY18 v Minister for Immigration and Citizenship [2026] FCA 1077
MIGRATION – application for extension of time to file a notice of appeal from decision of the Federal Circuit and Family Court of Australia (Division 2) – where applicant 172 days out of time – inadequate explanation for delay – prejudice to the orderly conduct of the Court’s work – merit of the proposed ground of appeal does not overcome unexplained delay and prejudice – application dismissed
AFL20 v Minister for Immigration and Citizenship [2026] FCA 1067
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) to dismiss an application for review of a decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of a delegate of the Minister not to grant the appellant a protection visa – where Tribunal made adverse credibility findings due to inconsistencies and changes in the appellant’s evidence – no error identified in Tribunal’s or primary judge’s decision
FBU20 v Minister for Immigration and Citizenship [2026] FCA 1076
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant protection visa – no error in decision of primary judge – no jurisdictional error in decision of Tribunal – appeal dismissed
EVG19 v Minister for Immigration and Citizenship [2026] FCA 1126
MIGRATION – application for protection visa – where application refused by delegate of Minister of Immigration and Citizenship (then Minister for Immigration and Border Protection) – merits review in Administrative Appeals Tribunal – where Tribunal affirmed decision – judicial review in Federal Circuit and Family Court of Australia (Division 2) – whether primary judge erred in concluding that the Tribunal’s adverse credibility finding was not illogical, irrational or legally unreasonable – whether appellant asserted any other appealable error on the part of the primary judge – appeal dismissed
Hasan v Minister for Immigration and Citizenship [2026] FCA 1105
MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) – where primary judge upheld decision of then Administrative Appeals Tribunal – where Tribunal found it did not have jurisdiction to review decision of Minister’s delegate in relation to primary visa applicant – where appellants sought to advance ground of appeal not raised before primary judge – whether leave should be granted – HELD: leave to raise new ground of appeal refused –appeal dismissed with costs fixed in the sum of $5,500
CUD21 v Minister for Immigration and Citizenship [2026] FCA 999
MIGRATION – application for judicial review of decision of Administrative Review Tribunal – contention that Tribunal misdirected and fettered itself in exercising discretion conferred by cl 7(2) of Direction No. 110 – application dismissed
Gade v Minister for Immigration and Citizenship [2026] FCA 1008
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – Administrative Appeals Tribunal affirmed decision not to grant the appellant a student visa – no appearance by the appellant at the hearing of the appeal – appeal dismissed under r 36.75(1) of the Federal Court Rules 2011 (Cth)
Afzal v Minister for Immigration and Citizenship [2026] FCA 998
MIGRATION – appeal from Federal Circuit and Family Court of Australia (Division 2) – where delegate of the first respondent cancelled the appellant’s student visa due to non-enrolment in a course – where cancellation decision affirmed by the Administrative Appeals Tribunal – where evidence of appellant’s mental health conditions was before the Tribunal – whether primary judged erred in failing to find that appellant was not denied procedural fairness by the Tribunal on basis of mental health conditions – whether appellant denied procedural fairness in proceedings in the Court below due to mental health conditions
Kozak v Minister for Immigration and Citizenship (No 2) [2026] FCA 1001
MIGRATION - judicial review under s 39B of Judiciary Act 1903 (Cth) - Minister's power in s 351 of the Migration Act 1958 (Cth) to substitute more favourable decision in place of decision of Administrative Appeals Tribunal where Tribunal determined that it did not have jurisdiction to make a decision under the Migration Act - application dismissed
Thompson v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 962
MIGRATION – application for extension of time for review of Minister’s decision to cancel visa under s 501BA of the Migration Act 1958 (Cth) – where delay was significant and substantial but there was no direct prejudice and proposed application had sufficient merit to warrant extension – whether Minister directly engaged with question of whether visa cancellation is in best interests of minor children – whether Minister failed to give proper, genuine and realistic consideration to the children’s best interests – extension of time granted – application for review dismissed
LWU25 v Minister for Immigration and Citizenship [2026] FCA 973
MIGRATION – interlocutory application by applicant to prevent removal to Nauru – applicant NZYQ affected person – proceedings held in abeyance until TCXM determined – submissions by applicant as to personal circumstances rather than matters to support interlocutory relief – interlocutory application dismissed
Kozak v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 965
MIGRATION - interlocutory application for discovery and production - application dismissed
KZS25 v Minister for Immigration and Citizenship [2026] FCA 949
MIGRATION – application for an extension of time to lodge an application for review of a decision of the Administrative Review Tribunal – where the applicant’s delay in seeking review exceeded 9 months – whether the Court is satisfied that an extension of time is necessary in the interests of the administration of justice – application dismissed
Puru v Minister for Immigration and Citizenship [2026] FCA 937
MIGRATION - where applicant’s visa was mandatorily cancelled on character grounds pursuant to s 501 of the Migration Act 1958 (Cth) (Act) –– where the Administrative Review Tribunal affirmed delegate’s decision not to revoke visa cancellation pursuant to s 501CA(4) of the Act - where applicant brings an application for an extension of time in which to apply for a review of decision - where applicant contends Tribunal failed to bring its own independent mind to bear by copying paragraphs from a previous decision - where the applicant contends Tribunal erred in applying para 8.4 of Direction No 110 because it failed to consider the best interests of minor children in Australia affected by the decision MIGRATION - extension of time and application for review granted
DUT18 v Minister for Immigration and Citizenship [2026] FCA 945
MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Multicultural Affairs not to grant the appellant a Temporary Protection (Class XD) (Subclass 785) visa – where single ground of appeal not raised before primary judge – where no submissions made by appellant as to why leave should be granted to raise new ground – where ground of appeal has no merit – leave not granted – appeal dismissed
TPTN v Assistant Minister for Immigration [2026] FCA 924
MIGRATION – application for judicial review of a decision of the Assistant Minister under s 501BA(2) of the Migration Act 1958 (Cth) – whether the Assistant Minister made findings based on selective and dated materials – whether the Assistant Minister failed to consider material that was constructively in his possession – whether the Assistant Minister represented he had considered information not in his possession – whether the Assistant Minister made findings about the current state of the Applicant’s rehabilitation without evidence or a logical basis – Applicant failed to establish that the Assistant Minister exercised his power in a manner that was illogical or irrational – application dismissed
Pandey v Minister for Immigration and Citizenship [2026] FCA 927
PRACTICE AND PROCEDURE – application for adjournment – where no evidence that appellant had made efforts to find legal representation – where medical evidence insufficient to justify adjournment – application for adjournment refused MIGRATION – appeal from decision of Federal Circuit and Family Court dismissing application for judicial review of decision of the Administrative Appeals Tribunal affirming decision of delegate of the Minister for Immigration and Citizenship not to grant the appellant a Student (Temporary) (Class TU) (Subclass 500) visa – where none of the grounds of appeal relied on demonstrates error by the primary judge – appeal dismissed
Kaur v Minister for Immigration and Citizenship [2026] FCA 897
MIGRATION — appeal dismissed — no question of principle
Singh v Minister for Immigration and Citizenship [2026] FCA 895
MIGRATION — Appeal from the Federal Circuit and Family Court of Australia (Division 2) — student visa partner case — appeal grounds fail to expose error —appeal dismissed — no issue of principle
Liu v Minister for Immigration and Citizenship (No 2) [2026] FCA 876
MIGRATION – application for reinstatement of application for an extension of time and leave to appeal – where proposed grounds of appeal are without merit – failure to provide personal statutory declaration required to establish a valid claim of family violence – application for reinstatement dismissed
DIR22 v Minister for Immigration and Multicultural Affairs [2026] FCA 961
MIGRATION — Protection visa — Jurisdictional Error — Administrative Appeals Tribunal — Whether there was a failure to properly consider claim — Whether unarticulated claim raised squarely on the material — Nature of inquisitorial tribunal — Appeal dismissed
Administrative Review Tribunal 37
Lawson and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2048
MIGRATION – refusal to grant a Visitor visa – Visa Applicant does not satisfy the character test – Ministerial Direction No. 110 applied – whether Tribunal should exercise discretion to refuse to grant the visa – decision under review set aside
MZKT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2051
MIGRATION – non-revocation under s 501CA(4) of the Migration Act 1958 (Cth) of cancellation of applicant’s Class TY Subclass 444 Special Category (Temporary) visa – where the applicant does not pass the character test – whether there is another reason to revoke the cancellation – where applicant has criminal history including family violence – where low risk of re-offending – where applicant has strong ties to Australian community – best interests of applicant’s minor children – the decision under review is set aside
Singh and Minister for Immigration and Citizenship (Migration) [2026] ARTA 2007
MIGRATION – Mandatory cancellation of Class WC Subclass 030 Bridging C visa – citizen of India – mandatory visa cancellation – substantial criminal record – previous confidentiality order removed – crimes of dishonesty – family violence – breaches of conditional liberty – illicit drug use – drug-driving and other traffic offences – failure to pass character test – application remitted by Federal Court in 2023, 2024, and 2025 – whether another reason to revoke visa cancellation – Ministerial Direction no. 110 applied – reviewable decision affirmed
Ali and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2002
CITIZENSHIP – citizen of Afghanistan – application for Australian citizenship by conferral – refusal because delegate not satisfied of Applicant’s identity – Australian Citizenship Act 2007 (Cth) – Citizenship Policy Statement – Revised Citizenship Procedural Instructions – whether Tribunal satisfied of Applicant’s identity at the date of its decision – Applicant associated with different identities – inconsistent evidence – Tribunal not satisfied of Applicant’s identity – reviewable decision affirmed
JXCT and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1987
MIGRATION – Cancellation of visa under s 501CA(4) of the Migration Act 1958 (Cth) – where the Applicant does not pass the character test – Direction No 110 – protection of Australian community – risk to the Australian community – family violence – strength, nature and duration of ties to Australia – expectations of the Australian community – extent of impediments if removed – decision affirmed
QQJK and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1986
MIGRATION – refusal of Bridging E (Class WE) visa under section 501(1) where the visa Applicant does not pass the character test – the visa Applicant has a substantial criminal record – drug trafficking – family violence – whether the discretion to refuse to grant the visa under section 501 (1) should be exercised – consideration of Ministerial Direction No. 110 – decision under review is affirmed.
Demircan and Minister for Immigration and Citizenship (Citizenship) [2026] ARTA 2004
CITIZENSHIP – application for Australian citizenship by conferral – national of Turkiye – whether applicant is of good character – nature of engagement with departmental staff – consideration of mental health history – decision set aside and remitted
Lam and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1985
MIGRATION – refusal of Applicant’s Class FA subclass 600 Visitor Visa – substantial criminal record – smuggling offence conviction in People’s Republic of China in 2005 – no further offending – ties to Australia – interests of minor Australian citizen child – Direction 110 – Protection of the Australian community
WBKG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1984
MIGRATION – Class BB Subclass 155 Resident Return visa – Cancellation – Revocation
BYFL and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1983
MIGRATION – mandatory cancellation of visa – applicant does not pass character test – whether ‘another reason’ for cancellation decision to be revoked – applicant guilty of serious violent offences – applicant is a mother with children including a young child with special needs – applicant’s home country South Sudan – impediments on removal extreme – decision under review set aside
Mehau and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1698
MIGRATION – Non-revocation of mandatory cancellation of a Class TY Subclass 444 Special Category (Temporary) visa – Applicant does not pass the character test – whether there is another reason to revoke the mandatory cancellation decision – consideration of Ministerial Direction No. 110 –– primary and other considerations – protection of the Australian community from criminal or other serious conduct – the commission of family violence - the strength, nature and duration of ties to Australia – the best interests of minor children in Australia - expectations of the Australian community – legal consequences of the decision – extent of impediments if removed - decision under review affirmed
Barahuee and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1697
MIGRATION – mandatory visa cancellation – national of Iran – Refugee (Class XB) (Subclass 200) visa – extensive record of diverse offending – failure to pass character test – whether another reason mandatory cancellation should be revoked – Direction No 110 applied – decision set aside and substituted
Triven RDY Pty Ltd (Migration) [2026] ARTA 2000
MIGRATION – approval of a nomination – Medium-term stream – occupation of Chef – genuine position – updated organisational chart – updated financial information – nominee performing the role – financial capacity – decision under review set aside and remitted
MBAKA (MIGRATION) [2026] ARTA 1997
MIGRATION – cancellation – Skilled Employer Sponsored Regional (Provisional) (Class PE) visa – Subclass 494 Skilled Employer Sponsored Regional (Provisional) – occupation of Aged and Disabled Carer – education provider’s registration and qualifications cancelled – working only in the nominated occupation – family bereavement – qualification subsequently re-issued by another provider – decision under review set aside and substituted
RGVG and Minister for Immigration and Citizenship (Migration) [2026] ARTA 1701
MIGRATION – mandatory visa cancellation – citizen of New Zealand – criminal record – review under section 501CA(4) – failure to pass character test – Ministerial Direction No 110. applied – Primary Considerations – protection of the Australian community from criminal or other serious conduct – risk of re-offending – family violence – strength, nature and duration of ties to Australia – best interests of minor children – expectations of the Australian community – Other Considerations – legal consequences – extent of impediments if removed – decision affirmed.
DHIMAN (MIGRATION) [2026] ARTA 1998
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in a higher education course – applicant changed course to a lower level – non-payment of fees – claimed emotional and family hardship – decision under review affirmed
Mezcals Pty Ltd (Migration) [2026] ARTA 1996
MIGRATION – approval of a nomination – Core Skills stream – position of Chef – genuine position – limited organisation chart and operations – financial capacity – workplace ceased operations – nominee no longer employed – decision under review affirmed
INBOX MOVING SERVICES PTY LTD (MIGRATION) [2026] ARTA 1993
MIGRATION – approval of a nomination – occupation of Marketing Specialist – nominated program as a genuine training opportunity – tailored to the training needs of the nominee – at least 12 months full-time experience in the occupation – organisational capacity and oversight – duties not exclusively marketing work – decision under review affirmed
VISHAL (MIGRATION) [2026] ARTA 1999
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in a higher education course – possible cessation of studies – applicant maintained enrolment – applicant enrolled at another college – college system autogenerated cancellation – different students shared the same name – ground for cancellation does not arise – decision under review set aside and substituted
Moktan (Migration) [2026] ARTA 1995
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – enrolment in a registered course – gap in studies – mental health issues – family bereavement – applicant re-enrolled in her course – course progress – financial hardship – college blocked deferment process – decision under review set aside and substituted
Hernandez Sierra (Migration) [2026] ARTA 1713
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – relevant courses – family ties in home country – employment offer – decision under review set aside and remitted
Nguyen (Migration) [2026] ARTA 1712
MIGRATION – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – genuine student – genuine temporary entrant – good academic progress to benefit future career – plans to establish a business – relevant employment in Australia – family ties in home country – decision under review set aside and remitted
Arhbal (Migration) [2026] ARTA 1710
MIGRATION – Employer Nomination (Residence) (class BW) visa – Subclass 857 Regional Employer Nomination – position of Cook – protracted visa application process – non-compliant withdrawal of visa application – no pre-qualifying visa – enrolled in an award course at diploma level or above – skilled occupation – request for Ministerial Intervention for secondary applicants – decision under review affirmed
BANGASH (MIGRATION) [2026] ARTA 1714
MIGRATION – Child (Migrant) (Class AH) visa – Subclass 101 (Child) – identity details – inconsistencies in identity documents – inconsistent dates of birth – DNA tests – certificates were genuinely issued – school records commonly used to establish ages – decision under review set aside and remitted
PATEL (MIGRATION) [2026] ARTA 1715
MIGRATION – cancellation – Student (Temporary) (Class TU) visa – Subclass 500 (Student) – maintaining eligibility – English language proficiency – English test results revoked – applicant not advised of test results being revoked or visa cancellation – natural justice – course almost finished – decision under review set aside and remitted
2541903 (Refugee) [2026] ARTA 1711
REFUGEE – protection visa – Lebanon – Federal Circuit and Family Court remittal – prison sentence, cancellation of bridging visa and immigration detention – long absence and difficulty reintegrating, socio-economic and security conditions, health care and fear of harm from victim’s family – brother shot and seriously injured, claimed to be by victim’s family – multiple physical and mental health conditions – conviction in absentia on false charge, prison sentence and fine – country information – border alerts and checks – real risk of arrest and detention – poor conditions in detention facilities and incidents of cruel or inhuman treatment – likely delay in resolving matter – fear of harm not for refugee criterion – complementary protection – real risk of significant harm – decision under review remitted
2404035 (REFUGEE) [2026] ARTA 1709
REFUGEE – protection visa – Malaysia – particular social group – victim of family violence – physical assault – fear of killing – divorce – ongoing employment – financial hardship – state protection – decision under review affirmed
2209935 (Refugee) [2026] ARTA 2043
REFUGEE – protection visa – Taiwan – particular social group – homosexual – employment – economic conditions – fear of detention – Chinese Household Registration revoked – Taiwanese passport expired – decision under review affirmed
2012344 (REFUGEE) [2026] ARTA 2046
REFUGEE – protection visa – India – political opinion – party leader and election worker – attacked by supporters of rival party and police, and subject of false charges – association with gangster brother-in-law and friends in Khalistan movement – brother-in-law killed by police, and nephew recently in police chase – new claims of land dispute with cousins and police report against applicant – return for sister’s illness – allegations of involvement in shooting in home country and forming Khalistan party in Australia – no supporting evidence provided – no harm to family in local area – son’s separate application relying on applicant’s claims – country information – low level of official and societal discrimination and violence – decision under review affirmed
2012349 (REFUGEE) [2026] ARTA 2045
REFUGEE – protection visa – India – imputed political opinion – minor when application made and reliant on father’s claims – joint hearings and separate decisions – father a local party leader and election worker – attacked by supporters of rival party and subject of false charges – accused of forming Khalistan party in Australia – brother-in-law a political activist or gangster – police harassment of applicant’s aunt and death of cousin in accident – land dispute with uncle and cousins – no activity by or harm to applicant – now married to Australian citizen – country information – freedom of expression of political views – Sikhism dominant religion in state – low level of official and societal discrimination and violence – Khalistan issue more active among Indias overseas – decision under review affirmed
2215520 (REFUGEE) [2026] ARTA 1992
REFUGEE – protection visa – China – ill-health due to workplace conditions – request to improve conditions ignored – extra work, lower pay and threats by manager and gangsters –application prepared by agent without applicant’s knowledge of contents – new claims – hearing impairment – difficulty finding work – no plan for surgical treatment – work history – claim of no contact with family and fear of harm if contact re-established contradicted by oral evidence – decision under review affirmed
2540157 (MIGRATION) [2026] ARTA 1994
REFUGEE – protection visa – Vietnam – political opinion – human rights and political freedoms – family forced to sell house and land for development at unfair price – financial hardship – application completed by agent without knowledge of contents by applicant – new claim of religion – Roman Catholic – church, community and social justice activities and environmental protests – monitored, harassed, threatened and attacked, and workplace vandalised and destroyed – continuing persecution of wife – supporting statements and police summons accepted as genuine – country information – broad and vague laws relating to national security – state protection not available, real chance of harm relates to all areas and modification of behaviour not reasonable – decision under review set aside and remitted
2602055 (REFUGEE) [2026] ARTA 1991
REFUGEE – protection visa – Sri Lanka – race – Tamil – imputed political opinion – terrorism charges – drug-related activities – detention – torture – mental health issues – exit procedures – bribery – decision under review remitted
2118340 (Refugee) [2026] ARTA 1708
REFUGEE – protection visa – Vietnam – anti-government activities – new claims raised at hearing – owes money to loan sharks – beaten and hospitalised by loan sharks – inconsistent details – post-hearing claim of practicing unregistered religious activities – delay in applying for protection – decision under review affirmed
2303550 (Refugee) [2026] ARTA 1705
REFUGEE – protection visa – Malaysia – condemned and criticised about being LGBT – Malaysia is an Islamic country, with LGBT being illegal – fears judgment about his sexuality and mental health being harmed – decision on the papers – can be adequately determined – lack of details and supporting evidence – delay in applying for protection – decision under review affirmed
2315738 (REFUGEE) [2026] ARTA 1707
REFUGEE – protection visa – Indonesia – particular social group – fear of loan sharks – kidnapping – fear of killing – physical violence – police collusion with money lenders – state protection – approach to the applicant’s family – reasonableness of relocation – decision under review set aside and remitted
2204227 (REFUGEE) [2026] ARTA 1706
REFUGEE – protection visa – the Philippines – fear of harm from drug dealer after ex-husband informed on him to police – threatened and beaten – new claim related to failure of business as real estate broker – rented apartments for workers from third country – rent not paid, apartments damaged and vacated – sued by owners and required to pay outstanding amounts – harassment by owners and ex-husband – threats but no harm to children – no supporting evidence provided – no security or insurance on rental transactions – authenticity of real estate, financial and legal documents – no further correspondence or legal action by owners – country information – economic conditions faced by population generally – decision under review affirmed
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