Wednesday, 19 June 201919 Jun 2019 9:00am - 19 Jun 2019 12:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
This event is chaired by:
Guy Gilbert SC, Barrister, Victorian Bar
Case Preparation at the AAT – Strategies, Techniques and What to Avoid When Representing Clients
The AAT reviews a wide range of decisions made under Commonwealth laws, including FOI Requests, Taxation, Workers Compensation, Child Support, Migration and Refugee decisions and the National Disability Insurance Scheme. These decisions often affect disadvantaged and vulnerable people and the representation required of each individual can be unique and challenging.
This session will take you through key strategies and practical tips for preparing a Review at the AAT. You will also be guided on the do’s and don’ts when representing your client more generally in this jurisdiction.
Including a case update, this is a unique opportunity not to be missed.
Presented by: Renee Sion, Barrister, Victorian Bar
Appeals and Rights in the AAT – Your Options Are Limited
If a party is aggrieved by a decision of the AAT there is limited avenue for appeal from the AAT to the Federal Court.
This session will guide you through the process of appealing AAT decisions to the Federal Court including:
- Proper basis for appeal;
- Likelihood of Final or Interlocutory Appeals;
- Relevant timelines;
- Drafting essential documents for appeal process;
- Costs consequences for parties;
- Stay Orders and consequences for your client, particularly in relation to Workers Compensation Claims.
A must for all those practising in the AAT jurisdiction.
Presented by: Julie Zhou, Barrister, Victorian Bar
The Current State of Administrative Law and Judicial Review in Australia
This session includes a case update and is presented by an esteemed panel. Our presenters will delve into the current state of Administrative Law, Judicial and Merits based Review, and the role of the AAT.
Topics to be discussed include:
- Procedural fairness principles dealt with by the court versus limitations on procedural protections introduced by parliament (especially in the context of migration law cases);
- Is it fair for the independence of the Tribunal to be called into question when Members are appointed by the current Government, without community consultation?
- The limits and challenges of administrative law and judicial decision making;
- Administrative law and the future – Dark or bright?
This is a not to be missed session.
Presented by: Lisa-Maree Lo Piccolo, Barrister, Victorian Bar
Mary Cameron, Legal Practitioner, Mary Cameron
Georgina Costello, Barrister, Victorian Bar3.0$390.00
Thursday, 14 November 201914 Nov 2019 9:00am - 14 Nov 2019 4:30pm (Australia - Melbourne)
Leo Cussen Centre for Law, Level 16, 15 William Street, Melbourne
Watch and See Announcement!
The Migration Amendment (Regulation of Migration Agents) Bill 2017 is rumoured to take effect as from 30 June 2019. The Bill, if enacted, will remove legal practitioners from the OMARA regulatory scheme.
Department of Home Affairs Update, Trends and New Developments for 2019/2020
This session will address recent and emerging legislative developments, trends and a detailed Home Affairs Update including:
ALERT! The Sponsored Parent (Temporary) Sub Class 870 Visa
New five-year visa for parents and grandparents available from 17 April 2019 (Subclass 870 visa) – Discussion includes Costs, visa cap, health criteria, eligibility criteria;
ALERT! Regional Immigration Update:
- New visas for regional Australia include:
- Skilled Employer Sponsored Regional (Provisional) Visa – available from November 2019;
- Skilled Work Regional (Provisional) Visa - available from November 2019;
- Permanent Residence (Skilled Regional) Visa – available from November 2022.
- Regional Sponsored Migration Scheme (subclass 187);
- Working Holiday Maker (WHM) Update- Subclass 417 (Working Holiday Visa) and Subclass 462 (Work and Holiday Visa).
- Migration and Other Legislation Amendment (Enforced Integrity) act 2018 and on-going reforms;
- The Migration Amendment (Family Violence and Other Measures) Act 2016 which established a sponsorship framework for the sponsored family visa program;
- Migration Amendment (Strengthening the Character Test) Bill 2018 (Cth).
Department of Home Affairs Update:
- Skilled Occupation Lists – New occupations added by the department on 11 March 2019 to the Short terms List, Medium to Long Term Skilled Occupation List (MLTSOL) and the Regional Skilled Occupation List (RSOL) - affecting Subclasses 482, 189, 190, 186, 187, 407 and 485;
- Asia-Pacific Economic Cooperation (APEC) Business Travel Card (ABTC) for Australian Citizens and Foreign Applicants;
- Australian and Greece – Reciprocal work and holiday arrangements to commence 1 July 2019;
- “Visas for GPs initiative” and Health Workforce Certificates - New Requirement for Overseas Trained Doctors.
General Update and Trends:
- Skilling Australian Fund (SAF) levy for 457/482 visa holders update – What does this mean for sponsors/employers;
- Update on holders of a Subclass 405 Investor Retirement visa or a Subclass 410 Retirement visa.
- Waiting Time and Approvals Update! – Permanent Partner Visa for onshore and offshore applicants, Citizenship, Annual Nation Immigration Intake and more.
Migration Law Case Update 2019
This session will address recent notable cases within the Federal Court, Federal Circuit Court and the AAT. The case update will include:
- Extensions of time to the AAT
- Family Violence;
- Partner Visas;
- Protection Visas;
- Compelling circumstances;
- Ministerial Intervention;
- And more!
The Savvy Investor – A Closer Look at Business Innovation and Investment Visas
This session will take a closer look at Business Innovation, Investment and the Entrepreneur streams and how to effectively manage these visas when advising your entrepreneurial client.
This session will cover the below visas:
- Significant Investor Visas (SIV) - Business Innovation and Investment (Provisional) Visa (Subclass 188);
- Business Innovation and Investment (Permanent) Visa (Subclass 888); and
- Business Talent Visa (Subclass 132).
This presenter will also discuss the difficulties that can arise when applying for these visa streams, their processing times, and will examine where these visas have been turned down on technicalities.
Intersection between the Department of Home Affairs and Third-Party Agencies
This session will provide an insight into the Department of Home Affairs consulting with third party or government agencies to collect and use information when considering a visa application and whether this gives rise to issues of procedural fairness.
This session will discuss the options available to your client under the FOI Act and other complaint authorities should your client’s visa be cancelled as a result of reliance on third-party documents.
Intersection with Migration and Criminal Law – Cancellations Under s116 and s501
An increase in Australian Visa Cancellations for Character Grounds and Criminal Convictions is a government response to national security concerns resulting in a significant number of cancellations and deportations each year.
This session will examine visa cancellation decisions under s116 and s501 and the immediate advice you should be giving to your client should this situation arise.
This session will consider:
- Merits review of decisions made under s501;
- Ministerial Powers;
- The Human Rights Implications of detention and deportation.
Immigration and the role of the Commonwealth Ombudsman
The Commonwealth Ombudsman is the organisation responsible for monitoring and handling complaints about the Department of Home Affairs.
This session will discuss the role that the Commonwealth Ombudsman can provide to visa applicants and how support from this organisation may assist in progressing your client’s visa application. Learn about how you can use the Commonwealth Ombudsman’s regime to strategically advantage your client.
This session will also consider the findings and investigations carried out by the Commonwealth Ombudsman into the Department of Home Affairs.
Employer Sponsored Visa’s, Fraud and Client Vulnerability
When a client applies for an employer-sponsored visa, they are often completely reliant on that employer for work whilst their visa application is processed. Given this power imbalance, it is not uncommon for instances of fraud, or even situations where an employer goes out of business, leaving the visa applicant in limbo through no fault of their own.
With reference to recent cases, our presenter will outline the most common issues likely to arise for your client’s when arriving on an employer-sponsored visa, the avenues they may have, legal or otherwise, in instances such as fraud or the employer going out of business, This session will also address how to tackle the tricky issue of the clear power imbalance in these situations.
Citizenship Refusals – Reasons, Excuses and Your Advice
Over 4,000 migrants were refused Australian citizenship in 2016/2017. The reasons for these refusals ranged from a significant delay in returning to Australia after making an initial Application (despite meeting all the requirements for citizenship), failure to disclose a conviction for a stolen pair of shoes and possession of a credit card that was suspected to be stolen, whilst another application was refused on the basis of multiple traffic infringements.
This session will address both the common, and not so common, reasons for refusal for citizenship, and allow you to be on the front foot heading into 2019 and beyond, when advising your client about their citizenship applications.6.0$645.00