- This mandatory cancellation is not reviewable by the Administrative Appeals Tribunal (AAT), but can be revoked by the Minister for Immigration personally or the Minister's delegate
- The decision not to revoke the cancellation by the Minister's delegate is reviewable by the AAT
- Where cancellation is revoked by the delegate of the Minister or the AAT, the Minister personally can set aside the revocation and cancel the visa on character or national interest grounds
- There are also new personal powers for the Minister to cancel visas under section 106 & section 116 of the Migration Act 1958 ('the Act') and this decision is not reviewable by the AAT
- A decision to cancel a visa under the new section 133A and section 133C of the Act are not reviewable by the Migration Review Tribunal (MRT)
- A decision made personally by the Minister to cancel a protection visa is not reviewable by the RRT
- A decision made by a delegate of the Minster to cancel bridging visa for a person who is in detention because of that cancellation, is reviewable by the MRT
Employment Workplace Relations
Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.
Corporate and Business Law
The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.
Dispute Resolution ( Litigation)
Nevett Ford has wide experience in all manner of litigation.
Mediation
Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.
Property Law
Nevett Ford has been conveying Victorian property for more than 150 years.
Monday, 1 December 2014
Mandatory visa cancellation powers and reviewable decisions
Monday, 24 November 2014
Work and Holiday visa for Spanish nationals commences
Alternative English Language tests commence
- Temporary Graduate
- Skilled
- Former Resident
- Work and Holiday
Wednesday, 19 November 2014
Functional English - legal definition updated for Australian migration purposes
- An average score of
at least 4.5 in an IELTS test.
- A total band score
of at least 32 in a TOEFL iBT test
- An overall band
score of 30 in a Pearsons (PTE) test
Monday, 17 November 2014
Contributory Parent Visas - Apply Sooner Rather Than Later
China - Australia Free Trade Agreement (ChAFTA) announcements
- Intra-corporate
transferees and independent executives for up to four years (including
executives, managers and specialists);
- Contractual service
suppliers for up to four years; including guaranteed access for up to a
combined total of 1,800 per year in four occupations: Chinese chefs, WuShu martial arts coaches, Traditional Chinese Medicine
practitioners and Mandarin language tutors (subject to meeting standard
immigration requirements);
- Installers and servicers for up to 3 months; and
- Business visitors
for up to 90 days, or 6 months for business visitors who are service sellers.
- Australia will also
provide entry and stay for dependants and spouses of Chinese citizens that
have been granted entry, in accordance with the FTA, for a period of
longer than one year.
- China and Australia
have also committed to process expeditiously applications for immigration
formalities, provide timely information on visa application progress, and
ensure transparent procedures and requirements relating to the movement of
natural persons of the other party.
- In order to better
facilitate the temporary entry of workers associated with trade and
investment, Australia and China will also increase cooperation in the
areas of skills recognition and licensing, including through encouraging
the streamlining of relevant licensing procedures and improving access to
skills assessments.


