Immigration Law: Ministerial Intervention & Appeals
Strengthen your position and forge ahead with guidance & solutions for lawyers and migration agents handling complex scenarios. You will examine how best to represent your client and get a quick favourable decision at the AAT from a member of the Tribunal. Understand the interplay of failing the character test on non-refoulement obligations, sentencing and criminal deportation of non-citizens. Examine ministerial discretion and the various public interest powers, and so much more! 216N28
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
MIGRATION AGENTS CAN EARN 2 CPD POINTS
MARA APPROVAL NUMBERS:
FACE TO FACE – SM525
LIVE ONLINE – SM525
ON DEMAND – DN329
Chair: Kathryn Viegas, Director, Nomos Pty Ltd; Accredited Specialist in Immigration Law; Best Lawyers 2022, Immigration Law
9.00am to 10.00am INSIGHTS FROM THE AAT: Assisting Clients in the AAT’s Migration & Refugee Division
- Current caseload and case management strategies
- Complying with relevant Practice Directions to ensure effective case management and avoid potential referral to regulatory authorities
- How best to represent a client and get a quick, favourable decision
- Recent developments in the law and Tribunal procedures, including its response to COVID-19
Presented by Katie Malyon, Member, Migration & Refugee Division, Administrative Appeals Tribunal
10.00am to 11.00am Ministerial Discretion, Section 351 and Ministerial Intervention for Great Outcomes
- The various public interest powers
- Associated bridging visa issues
- Running an effective public interest matter
- Potential outcomes
- Managing expectations
Presented by Richard Timpson, Principal Solicitor, Timpson Immigration Lawyers; Accredited Specialist in Immigration Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Crimmigration and Character Test: Non-Refoulement, Sentencing and Deportation
- Overview of how criminal deportation law has developed in recent years
- Examine a series of cases where Australian courts have grappled with ‘non-refoulement’ obligations applicable to individuals who fail the character test in s 501(6) of the Migration Act 1958
- Explore the relevance of articulating a non-citizen defendant’s protection claims in the context of sentencing in criminal trials
Presented by Dr Mary Crock, Professor of Public Law and Migration Agent, University of Sydney
12.15pm to 1.15pm Key Developments in Judicial Review
- Important developments in judicial review of decisions of the Immigration Assessment Authority
- Judicial review of excluded fast track decisions: questions, issues and recent decisions
- Privilege and evidentiary issues before the Administrative Appeals Tribunal: what to watch out for and why these issues matter on judicial review
- “I am not a cat”: telephone and online appearances before the Federal Circuit Court and Federal Court
Presented by Katherine Hooper, Barrister, Nine Wentworth Chambers
Presenters
Kathryn Viegas, Director, Nomos Pty Ltd
Kathryn has been an immigration lawyer since 2003. She commenced her career at the HIV/AIDS Legal Centre and established her own practice in 2005, which she ran for eight years. In 2016, she co-founded Nomos. Since 2007, she has presented continuing education programmes for lawyers, registered migration agents and other professionals through Nomos, the College of Law, the Immigration Advice and Rights Centre and other professional organisations. Since 2019, she has taught the Graduate Diploma in Migration Law at Victoria University. Kathryn is the current President of the Management Committee of the Immigration Advice and Rights Centre and the Secretary of Diverse Women in Law.
Katie Malyon, Member, Migration & Refugee Division, Administrative Appeals Tribunal
Katie was appointed a part-time Member of the Migration Review Tribunal and Refugee Review Tribunal on 1 September 2014. The Tribunal amalgamated in 1 July 2015 with the Administrative Appeals Tribunal where Katie now works in the Migration and Refugee Division.
Prior to her appointment to the Tribunal, Katie specialised in immigration law and was a registered migration agent for nearly 20 years. Most recently, she was an Executive Director of Ernst & Young’s Global Immigration practice. This followed successful establishment of her own multi-award winning law firm in 2005 which was recognised in the BRW's Fast 100 in 2010. Katie was a finalist in the Telstra Business Women's Award NSW in 2012. After initially working as a teacher in Brisbane and Jakarta, Katie commenced her legal career in 1986 with Clayton Utz and was a Partner at Australian Business Lawyers from 2001- 2005. She has also lectured in immigration law as a casual Academic at UNSW.
Katie has a B.A. from UQ, a LL.B.(Hons) from Sydney Uni and, in 2018, completed a LL.M.&M. at UNSW. Actively involved in professional associations, Katie was Vice-Chair of the Law Council of Australia’s Migration Law Committee from 2013 - 2014, NSW President of Migration Institute of Australia in 1996 – 2000 and a Director of the MIA from 2011 – 2013. Recently, she served on the College of Law’s Migration Agent Capstone Assessment Advisory Committee.
Katie is a published author of numerous articles on migration matters and made many presentations on a range of immigration law related topics. In addition, she has been a regular contributor to Government led considerations of migration issues, including drafting submissions and providing oral evidence for the Law Council. In 2013, she was the appointed to the Government’s Independent Review into Integrity of the Subclass 457 visa.
Richard Timpson, Principal Solicitor, Timpson Immigration Lawyers
Richard is an Accredited Specialist in Immigration Law and a Registered Migration Agent, bound by the Code of Conduct. He assists people to settle in Australia legally, without risk by firstly identifying what their future looks like to them. Whether it is to grow their business with offshore skills, maintain employer compliance with legal obligations, give security to them and their family, through to permanent residency and citizenship.
Dr Mary Crock, Professor of Public Law and Migration Agent, University of Sydney Professor, BA (Hons) LLB (Hons) PhD (Melbourne), Professor of Public Law
Mary Crock was born in 1959 in Perth, Western Australia but grew up in Melbourne, Victoria. She completed her undergraduate studies in Arts and Law at the University of Melbourne in 1983 and went on to work in a variety of positions ranging from solicitor in the law firm of Corr and Corr (as it then was) to Judge’s Associate and solicitor in a community legal agency. Mary is married to Emeritus Professor Ron McCallum AO, working closely with him in all aspects of their joint professional life. Ron was a foundation member of the UN Committee on the Rights of Persons with Disabilities (CRPD), CRPD chair 2009-2013 and Chair of the Committee of Chairs of the 10 member UN Treaty bodies (2011-2012). They have three children: Gerard (b 1987), Daniel (b 1989) and Kate (b 1992).
Mary’s interest in migration and refugee law reflects her past involvement in direct advocacy work. Mary Crock helped to establish and run the Victorian Immigration Advice and Rights Centre Inc in Melbourne, now known as the Refugee and Immigration Law Centre (Vic). She has worked with Australian Senators (most notably in 1999-2000 on an inquiry into Australia’s Refugee and Humanitarian Program) and with the Human Rights and Equal Opportunity Commission (preparing a report in 2000 on the Immigration Detention Centre at Curtin, near Broome in remote Western Australia).
Mary has a long-standing interest in the intersections between legal scholarship and legal practice. She has assumed leadership roles as Chair of various migration law-related committees for the Law Institute of Victoria, the Law Society of New South Wales and the Law Council of Australia and has served on the Executive Committee of the Refugee Council of Australia. She is head assessor for Australia’s specialist accreditation programs for lawyers in the area of immigration law. Her contribution was acknowledged in 2007 by her appointment as an Honorary Specialist in this field.
Katherine Hooper, Barrister, Nine Wentworth Chambers
Katherine was admitted to practice in 2006 and called to the Bar in 2019.
Katherine’s areas of practice are public and commercial law. Within these areas, she accepts briefs in specialised fields including: administrative law; incorporated associations/clubs; contract; equity and trusts; migration and citizenship; professional liability and regulation; sports law; and workers’ compensation.
Recent cases in which Katherine has appeared as counsel include:
BWO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 181 (unled);
AOQ16 v Minister for Immigration and Border Protection [2020] FCA 103 (unled);
Feeney v Secretary, Department of Communities and Justice [2020] NSWCATAD 269 (led);
ZMBZ v Minister for Home Affairs [2019] FCAFC 195 (led);
Tran v Minister for Immigration & Anor [2019] FCCA 2859 (unled); and
HME Services Pty Ltd v Ortado [2019] NSWSC 1325 (led).
Katherine is an Executive Member of the Law Council of Australia’s Federal Litigation & Dispute Resolution Section.
In 2016, 2017, 2018, 2019 and 2020 Katherine was named as one of the AFR's best lawyers in Australia in the categories of Government Practice and Immigration Law.
Katherine is enthusiastic about giving practical and timely advice that addresses the needs of her clients and about maximising efficiency through the innovative use of information technology. She is also a passionate advocate for wellness and diversity at the Bar.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia