Important Updates
Important Updates
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
April 2, 2026 | CanadaCanada: New Recruitment Requirements for Low‑Wage Positions under Temporary Foreign Worker Program
April 1, 2026 | United StatesBloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers
April 1, 2026 | CanadaCanada: Permanent Residence and Citizenship Filing Fees Increased
April 1, 2026 | United KingdomCare Talk Business: What the Casey Commission Means for Social Care’s Workforce
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
April 2, 2026 | CanadaCanada: New Recruitment Requirements for Low‑Wage Positions under Temporary Foreign Worker Program
April 1, 2026 | United StatesBloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers
April 1, 2026 | CanadaCanada: Permanent Residence and Citizenship Filing Fees Increased
April 1, 2026 | United KingdomCare Talk Business: What the Casey Commission Means for Social Care’s Workforce
April 1, 2026 | Czech RepublicCzech Republic: Registration and Deregistration Process Streamlined
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

High Court Orders Grant of Permanent Protection Visa Within Seven Days

February 28, 2015

insight-news-default

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn
Plaintiff S297/2013 v MIBP
 
This week the High Court granted our client a form of relief (peremptory writ of mandamus) that has essentially not been granted since the 19th century.
 
Since being elected in September 2013 the Government's policy has been to not grant a permanent protection visa to any unauthorised maritime arrival (UMA) (wishing to instead grant temporary protection visas to eligible UMAs).
 
On Wednesday the High Court gave the Minister for Immigration and Border Protection seven days to grant our UMA client a permanent protection visa. 
This will be the first such permanent protection visa granted since the Government's election in 2013.
 
In light of legislative amendments which were finally passed at the end of last year (Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)), it is unlikely that any other UMA will be granted a permanent protection visa in the foreseeable future (perhaps other than the small number of other UMAs who have also been denied permanent protection visas on national interest grounds).
 
That said, the fact that the Court has made an order requiring the grant of a visa may have important ramifications.
 
Other visa applicants might now ask a Court for an order that they be granted a particular visa, if they can show that a decision-maker considered their visa application and was satisfied that all criteria for the grant of that visa had been met. Of course, this will not be an easy task.
 
Brief background and reasons for decision
 
Following their election the Government took various regulatory and other steps to prevent the grant of permanent protection visas to UMAs.
 
One such measure was imposing a cap on the number of protection visas that could be granted in a financial year.
 
We originally commenced this proceeding in December 2013, challenging this measure.
 
In June 2014 the High Court found this measure invalid and issued a mandamus, requiring the Minister to decide our client's protection visa application according to law.
 
Thereafter the Minister refused to grant our client a protection visa because, and only because, he considered it was not in the national interest to grant permanent protection visa to UMAs: relying on cl 866.226 of Schedule 2 to the Migration Regulation 1994 (Cth).
 
On Wednesday, 11 February 2015, the High Court held this unlawful.
 
The primary basis for the Court's decision was that the consequences which flow from being an UMA were separately dealt with by s 46A of the Migration Act 1958 (Cth). That section prevents UMAs from applying for a visa unless the Minister first grants permission in the public interest to the person to apply, which the Minister had done in this case. That being so, the Court held that cl 866.226 does not then permit the Minister to attach an additional adverse consequence to being an UMA beyond that fixed by s 46A.
 
Our client is naturally thrilled by this result.
 
The decision has been widely reported including in The Australian and by News Limited.

 
Advice to people in financial hardship
 
Fragomen’s Litigation and Review practice provides advice to eligible people in financial hardship regarding their prospects of challenging migration decisions without an up-front fee.
 
For more information, email Farid Varess, [email protected].
 
MARN 0318952
 
© 2015 Fragomen

Country / Territory

  • AustraliaAustralia

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

The Caterer: How to Safeguard Your Sponsor Licences

Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.

Learn more

Media mentions

Times of India: US Proposes Sharp Hike in H-1B, PERM Wage Thresholds; May Adversely Impact Entry-Level Hiring

Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.

Learn more

Work authorization

Falling Demand, Rising Fees: Reassessing the UK’s 2026 Immigration Policy

UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.

Learn more

Video

FIFA Pass for the 2026 World Cup | #MobilityMinute

Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.

Learn more

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

The Caterer: How to Safeguard Your Sponsor Licences

Senior Manager Louise Senior outlines key compliance considerations for UK hospitality sponsors as regulatory expectations continue to evolve.

Learn more

Media mentions

Times of India: US Proposes Sharp Hike in H-1B, PERM Wage Thresholds; May Adversely Impact Entry-Level Hiring

Senior Counsel Mitch Wexler said proposed H-1B and PERM wage increases could raise hiring costs and apply only to new and pending applications.

Learn more

Work authorization

Falling Demand, Rising Fees: Reassessing the UK’s 2026 Immigration Policy

UK Government Affairs Strategy Director Shuyeb Muquit explores the latest UK immigration fee increases and their wider implications for migration trends, labour supply and workforce planning.

Learn more

Video

FIFA Pass for the 2026 World Cup | #MobilityMinute

Partner Karine Wenger outlines US visa considerations for the 2026 FIFA World Cup, including the FIFA Pass priority scheduling system and the importance of early planning.

Learn more

Media mentions

RNZ Asia: Immigration Experts Divided Over Skilled Migrant Residency Reform

Business Immigration Supervisor Fiona Zhou says the restructured Skilled Migrant Category creates clearer pathways and retains skilled workers.

Learn more

Video

Navigating Outbound Services from Germany | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key considerations for managing outbound assignments from Germany, including planning, visa requirements and coordinated global support. 

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.