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 TimpsonPrincipal 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

Map of The Grace Hotel

Plaza Parking is located beneath the hotel with its entrance on Clarence Street. There are limited car spaces and they are available on a first-in basis. Plaza Parking attendants can provide directions to alternative parking facilities nearby. Day rate  (Single Entry) for conference guests only and to be paid at Plaza Parking: $45.00 per car, per day. (Conference guest tickets must be validated at conference concierge on level 2). Other nearby parking is located on Kent Street and York Street.
 
Wynyard Station - Take the York Street exit. Head south on York St toward Erskine St. Turn right and continue onto York Street for 300 metres. At that point you will arrive at The Grace Sydney.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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