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Pink Poppy Flowers

(Judge Eldershaw, Sydney, 23 Sep 2025):

 

Federal Circuit and Family Court decision to quash decision of Tribunal to affirm refusal of subclass 500 Student visa.

Tribunal review of decision to affirm refusal to revoke cancellation of visa under character test; possession of child abuse material by IT worker; low risk of reoffending; consideration of interests of applicant’s wife and 5 year old daughter; decision set aside and substituted with decision not to cancel visa.

Tribunal review of decision to affirm refusal to revoke cancellation of visa under character test; historical offences involving indecent treatment of a child; decision set aside and substituted with decision not to cancel visa.

Federal Circuit and Family Court decision to quash decision of Tribunal to affirm refusal of nomination for the position of Chef for a subclass 186 Employer Nomination visa.

Federal Circuit and Family Court decision to quash decision of Tribunal to affirm refusal of subclass 500 Student visa.

Decision of Administrative Review Tribunal to set aside cancellation of absorbed person visa on character grounds; 75 year old UK applicant convicted of possession and dissemination of child abuse material; risk of reoffending “higher than the low risk”; applicant living in Australia for 65 years; difficulty in relocating to the UK.

Federal Circuit and Family Court decision to quash decision of Administrative Appeals Tribunal to affirm refusal of Protection visa.  Tribunal made critical findings of fact about the applicant’s claims against Iran that were both unsupported by the evidence and failed to take account of, or engage with, evidence and submissions provided by the applicant, such that the decision was seriously lacking in foundation, rationality, and logical coherence in a way that was legally unreasonable.

Decision of Administrative Review Tribunal to set aside cancellation of absorbed person visa on character grounds; 75 year old UK applicant convicted of possession and dissemination of child abuse material; risk of reoffending “higher than the low risk”; applicant living in Australia for 65 years; difficulty in relocating to the UK.

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