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Varess Legal practice specialising in Australian immigration law. Varess values the opportunity to be a part of its clients’ immigration milestones.

Today the Federal Circuit and Family Court of Australia delivered only the second judgment on costs in migration matte...
25/09/2026

Today the Federal Circuit and Family Court of Australia delivered only the second judgment on costs in migration matters since its relevant rules were updated last year.

In the first such judgment, the Court considered an application for costs under r #25.14 in the matter of EHQ18 v Minister for Immigration and Citizenship (No 2) [2025] FedCFamC2G 2060. Under that rule, the Court may award costs in excess of what is colloquially known as the if “there is sufficient reason and it is in the interests of justice”.

By contrast, today’s judgment in Gaddam v Minister for Immigration and Citizenship [2026] FedCFamC2G 1881, considered a Varess client’s application for costs under r 32.02(d). Under that rule the Court may order an unsuccessful party to pay costs as taxed under Pt 40 of the Federal Court Rules .

In granting our client’s application, the Court did not accept the first respondent’s submission that even if proceeding under r 32.02 the Court should give weight to the scale amounts.

In the substantive part of his matter our client relied on multiple grounds, including a ground concerning migration agent fraud. Whilst the Minister ultimately conceded the matter prior to final hearing on one of our client’s other grounds, the Court did not accept that the absence of a concession on the fraud ground weighed against the costs order sought by our client, given the majority of costs incurred by our client were in relation to his fraud ground.

Noting the costs incurred, the Court found that taxation “is the best option to ensure that [our client] receives a fair indemnity for the costs he reasonably incurred”: [31].

The Court also noted that our client had given the Minister ample notice of his proposed grounds, and refrained from incurring further costs for a period to allow the Minister the opportunity to concede the matter before costs escalated in advancing the fraud ground. It was in the absence of any concession that our client proceeded to prepare the matter for hearing, including on the fraud ground.

This week our Kanelle Siddiqui and Farid Varess attended the Sydney University Law Society’s Public Interest Careers Fai...
18/09/2026

This week our Kanelle Siddiqui and Farid Varess attended the Sydney University Law Society’s Public Interest Careers Fair. For more details see, please see Farid Varess’ comment below.

If a person has called home for most of their life, a higher level of may be afforded to criminal conduct by that pe...
08/09/2026

If a person has called home for most of their life, a higher level of may be afforded to criminal conduct by that person.

Today, Varess achieved a successful outcome in the Federal of Australia for a 61-year-old client who has lived in Australia since the age of 10.

Our client’s life has seen considerable academic and professional success, including a Bachelor of Applied Science, a Bachelor of Optometry, a University Medal, and a successful optometry practice. His work included the treatment of children with visually related learning difficulties.

Unfortunately, however, after a number of offences, our client’s permanent Australian was cancelled, and the Administrative Review later affirmed a decision to not revoke that cancellation.

In quashing the Tribunal’s decision, the Court found that the Tribunal had erred by failing to consider our client’s argument to allow a higher level of tolerance for his criminal conduct in circumstances where he had lived in Australia for about 50 years, since he was a child.

For further details, please see Court’s judgment, Lafrenais v Minister for Immigration and Citizenship [2026] FCA 1290, which is available at https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca1290.

Yesterday Varess achieved a outcome in the Federal Circuit and Family Court of Australia for an seeker client from...
17/07/2026

Yesterday Varess achieved a outcome in the Federal Circuit and Family Court of Australia for an seeker client from .

Arriving in Australia more than 13 years ago in 2013, our client’s subsequent application for a protection visa was refused by a delegate of the Minister for Home Affairs in 2018.

Later in 2018, after the (now abolished) Immigration Assessment Authority affirmed the delegate’s decision, our client applied for judicial review.

The Court’s judgment found that the IAA had fallen into jurisdictional error for two reasons.

First, the IAA had failed to consider the reasonableness of its finding that our client could modify his behaviour to avoid harm. This finding related to our client’s fear of harm as a “bus driver” travelling to contested/insecure areas of Mali. The IAA found that our client “can take reasonable steps” to avoid harm from this activity by instead working as a “driver” within Bamako, or working as a mechanic.

The Court found that “Merely invoking the word ‘reasonable’ does not absolve the Authority from having to fully grapple with the evidence before it and [undertake] a meaningful and substantive consideration of the facts … and … circumstances” [59].

Second, the IAA’s conclusory statements with respect to the circumstance in the “reasonably foreseeable” future constituted bare assertions. In this regard, the Court found that “There was no meaningful engagement with what might happen in the future …” [77]. The Court found that “Given the spread of violence southward [in Mali], and that there had been terrorist attacks of an Islamic militant nature in Bamako in the preceding years”, meaningful engagement “would not have extended into guesswork to extrapolate from those salient circumstances” [77].

For more information, please see the Court’s judgment, DTX18 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1332, which is available at https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2026/1332.html.

Yesterday Varess achieved a outcome in the Federal Circuit and Family Court of Australia for an seeker client from...
17/07/2026

Yesterday Varess achieved a outcome in the Federal Circuit and Family Court of Australia for an seeker client from .

Arriving in Australia more than 13 years ago in 2013, our client’s subsequent application for a protection was refused by a of the Minister for Home Affairs in 2018.

Later in 2018, after the (now abolished) Immigration Assessment Authority affirmed the delegate’s decision, our client applied for judicial review.

The Court’s judgment found that the IAA had fallen into jurisdictional error for two reasons.

, the IAA had failed to consider the reasonableness of its finding that our client could modify his behaviour to avoid harm. This finding related to our client’s fear of harm as a “bus driver” travelling to contested/insecure areas of Mali. The IAA found that our client “can take steps” to avoid harm from this activity by instead working as a “driver” within Bamako, or working as a mechanic.

The Court found that “Merely invoking the word ‘ ’ does not absolve the Authority from having to fully grapple with the evidence before it and [undertake] a meaningful and substantive of the facts … and … circumstances” [59].

, the IAA’s conclusory statements with respect to the circumstance in the “reasonably foreseeable” future constituted bare assertions. In this regard, the Court found that “There was no meaningful with what might happen in the future …” [77]. The Court found that “Given the spread of violence southward [in Mali], and that there had been terrorist attacks of an Islamic militant nature in Bamako in the preceding years”, meaningful “would not have extended into guesswork to extrapolate from those salient circumstances” [77].

For more information, please see the Court’s judgment, DTX18 v Minister for Immigration and Citizenship [2026] FedCFamC2G 1332, which is available at https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2026/1332.html.

Our Farid Varess attended the UNSW Law Society Careers Compass Mentoring Program launch event last night.
15/06/2026

Our Farid Varess attended the UNSW Law Society Careers Compass Mentoring Program launch event last night.

The 2027 Best Law Firms awards for were published last week.Varess is honoured to be one of only eight law firms acros...
31/05/2026

The 2027 Best Law Firms awards for were published last week.

Varess is honoured to be one of only eight law firms across the country to have received a Tier 1 National Ranking for Immigration Law .

Varess is also pleased to have been ranked Tier 1 in Sydney for both Immigration Law and Human Rights Law.

As always, it is our pleasure to have the chance to be a part of our clients’ milestones, and we thank them for putting their trust in us.

We are of course also grateful for the generous support of our community contacts and colleagues in the wider legal profession.

For more information about these awards, please see https://www.bestlawfirms.com/articles/leading-the-way-2027-best-law-firms-australia/7750.

A person cannot simultaneously both have, and not have, the same profile.This morning the Federal Circuit and Family Cou...
22/04/2026

A person cannot simultaneously both have, and not have, the same profile.

This morning the Federal Circuit and Family Court of Australia delivered judgment in favour of a Pakistani asylum seeker client of in EYM17 v Minister for Immigration and Citizenship [2026] FedCFamC2G 610 .

Having accepted that our client was at risk of harm in his home region in , the former Administrative Appeals Tribunal went on to find that it would be reasonable for him to relocate to another area.

The Tribunal’s finding was on the basis that our client’s family had no profile beyond their home region. Problematically, the Tribunal then went on to find that same family profile would allow our client to access support outside his home region such that relocation would be reasonable.

In finding that the Tribunal had erred, the Court stated at [110]:

“… the conclusion that the applicant had support networks and could access considerable support for accommodation, friendship and networks in regions outside his home area and Parachinar, was irrational and illogical in light of the earlier findings that the profile of the applicant’s father and brothers would not be known beyond his village and nearby districts. … the fact finding was internally inconsistent on material issues. … there was only one conclusion open and the Tribunal did not come to that conclusion …”.

Yesterday, Special Counsel, Alison Saunders, spoke with students of the Australian Pacific college | Australian Colleg...
10/04/2026

Yesterday, Special Counsel, Alison Saunders, spoke with students of the Australian Pacific college | Australian College about how their study choices can impact on their future pathways.

As well as providing an overview of available temporary and permanent employer sponsored and independent visa options, Alison’s presentation also provided general guidance on the following student visa holder frequently asked questions :

🙋🏻‍♂️ Will my course of study give me the qualifications required for a relevant / in demand skilled occupation?
🙋‍♀️ How do I satisfy the English language requirements?
🙋🏽 Will I need a skills assessment?
🙋🏼‍♂️ How much employment experience do I need?
🙋🏻‍♀️ Where do I need to live/work/study?
🙋🏾 How will the upcoming changes to the Administrative Review Tribunal merits review process impact me?

The presentation was given at APC’s Sydney Open Day which also included speakers from TAFENSW and ABM Further Education.

We thank APC for inviting Varess to be a part of their Open Day.

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Level 36, Gateway, 1 Macquarie Place
Sydney, NSW
2000

Opening Hours

Monday 8:45am - 5:15pm
Tuesday 8:45am - 5:15pm
Wednesday 8:45am - 5:15pm
Thursday 8:45am - 5:15pm
Friday 8:45am - 5:15pm

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+61286684433

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