Who Else Wants to Get To Australia … As Quickly and Painlessly as Possible?

Take a look around this site

"Is Australian immigration right for you? Explore the wealth of information on this site, and discover how your situation might fit with a move to Australia."

Whether you seek permanent residency, an extended work stay, or dozens of other possibilities, we’ll carefully guide you in the most appropriate and efficient way to achieve your goal. Because we know the process so well, we can help you avoid the costly, time-consuming mistakes most people make in this complex endeavor.

Jurisdictional Error In Immigration:
Government Decision-Making

Jurisdictional error is a type of legal error. As a general guide, jurisdictional error occurs where an immigration decision maker does not correctly exercise their powers and responsibilities.

However, the courts' view of what constitutes jurisdictional error is constantly evolving.

For example, they have found jurisdictional error where the decision maker:

• Had no power to make the decision in the first place
• Made an error of law in the course of making the decision
• Breached the Migration Act's code of procedure from Subdivision AB or, where relevant, common law rules of procedural fairness
• Applied an agency policy inflexibly and failed to consider whether to exercise a discretion given by legislation

To properly exercise their jurisdiction, an immigration decision maker must at least:

• Ensure that they have the power to make the decision
• Correctly understand and apply the legislative test that must be applied to that case
• Identify all the elements of that test and consider only material that is relevant to those elements
• Afford procedural fairness to the non-citizen
• Ensure that each decision in the process is not biased and
• Ensure that each decision in the process would be reasonable to the average impartial observer

<< Return to Article List