Visa consequences of Turkish failed coup

The failed coup in Turkey will carry significant consequences for Turkish visa applicants.

 

On one side, Turkish citizens in Australia who claim to be opponents of the government will now have a chance to lodge protection visa applications on the basis that they will face persecution if they return to Turkey. Similarly, Turkish citizens seeking Condition 8503 waivers and Schedule 3 waivers (in respect of onshore partner visa applications) will be able to rely on the uncertain political situation in Turkey to have greater chances of success.

 

On the other, Turkish citizens in Turkey will possibly face increased difficulties when lodging student as well as visitor visas since the Department is likely to use the unstable situation in Turkey as a ground to refuse the said applications.

Read More»

HIGH COURT decision - refusal of protection visa where "serious reasons for considering" applicant had committed serious non-political crimes

In FTZK v Minister for Immigration & Border Protection [2014] HCA 26 (27 June 2014) Article
1F(b) of the Refugees Convention excluded from the grant of refugee status a person of whom there were "serious reasons for considering" had committed serious non-political crimes.  In reviewing a decision to refuse a visa the Administrative Appeals Tribunal (AAT) referred to various factors that combined to satisfy it that there were serious reasons for considering the applicant had committed a crime in China.

An appeal to the Full Federal Court was dismissed but the appeal to the High Court allowed: French CJ with Gageler J; Hayne J; Crennan with Bell JJ.  The members generally concluded that most of the factors referred to were actions in Australia and had been referred to by the AAT as showing "consciousness of guilt" but were not logically probative of what had happened in China.

Read More»