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部分成功上诉案例





这部分案例均在联邦巡回法庭上诉成功,并由Parish Patience Immigration Lawyers完成。按照下文排列顺序,依次为:


  • 配偶永居签证被拒后上诉成功——上诉依据:仲裁庭在做决定时没有考虑到申请人的动情理由,因此导致司法错误。

  • 庇护签证被拒后上诉成功——上诉依据:仲裁庭在做决定时没有执行公平程序,没有采用某位证人的证词,因此导致司法错误。

  • 学生签证被拒后上诉成功——上诉依据:仲裁庭在做决定时误解了移民法案中“substantial part”一词的合理解读,因此导致司法错误。

  • 庇护签证被拒后上诉成功——上诉依据:仲裁庭在做决定时错误地理解了申请人的理由中的核心部分,因此导致司法错误。



Hossain v Minister for Immigration & Anor [2016] FCCA 1729 (11 July 2016)

Administrative Appeals Tribunal – Partner Residence (Class VS) visa – Partner (Temporary) (Class UK) visa –the Tribunal failed to consider compelling reasons at the time of the decision –– jurisdictional error found – application allowed.


SZUDH v Minister for Immigration & Anor [2016] FCCA 413 (4 March 2016) 

Protection Visa –Administrative Appeals Tribunal – The Tribunal failed to consider whether the Applicant's activities in Australia might become known in India giving rise to a real risk of serious harm to him and failed to consider the claim under the Complementary Protection ground – jurisdictional error found – writs issued.

SZVGP v Minister for Immigration & Anor [2016] FCCA 3210 (13 December 2016)

Protection Visa – Application to review decision of Refugee Review Tribunal – Tribunal denied the Applicant procedural fairness by not  taking evidence from a witness in a manner that was unreasonable and not based on any logical foundation- The Tribunal fell into jurisdictional error and denied the Applicant procedural fairness by failing to advise him that he was entitled to refuse to answer questions in a manner that might breach legal professional privilege- jurisdictional error found – writs issued.


Maestro & Anor v Minister for Immigration & Anor [2016] FCCA 1095 (13 May 2016)

MIGRATION – Application for Student (Temporary)(Class TU) visa – review of decision of Migration Review Tribunal – whether the Tribunal misunderstood the meaning of “substantial part” in cl.5A407 of the Migration Regulations 1994 (Cth) – whether the Tribunal misunderstood the meaning of “leading to” in cl.5A407 – jurisdictional error– writs issued.


SZVSK v Minister for Immigration & Anor [2017] FCCA 1169 (2 June 2017)

MIGRATION – Application for judicial review of decision of Refugee Review Tribunal (Tribunal) affirming decision of a delegate of the first respondent not to grant applicant protection visa – whether Tribunal erroneously determined applicant retracted fundamental element of the applicant’s claims – whether the Tribunal made jurisdictional error by so finding – jurisdictional error found.

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