Immigration Law: Latest Visa Issues and Case Review
Join a panel of eminent Accredited Immigration Law Specialists to work through the most important visa issues you’ll face in migration law right now including partner visas, the global talent visa program, work visas, and business innovation and investment visas. In addition, review the key takeaways from the latest immigration decisions. Attend this half-day program and gain valuable updates & strategies so you’re ready for any matter. WEB219N09
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
LIVE ONLINE – SM610 – 2 CPD
ON DEMAND – DN403 – 2 CPD
Chair: Simon Jeans, Principal, Jeans Lawyers; Accredited Specialist in Immigration Law; Best Lawyers 2022, Immigration Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Partner Visas: PIC 4020 & Schedule 3, Evidence and Impact of COVID-19
- PIC 4020 and Schedule 3 for partner visas: the law and case studies
- The evidentiary hurdles to overcome in long-distance relationships due to COVID-19
- The impact of COVID-19 on partner visa processing
- What constitutes a genuine relationship to the exclusion of all others; meeting the regulatory requirements
Presented by Carina Ford, Managing Partner, Carina Ford Immigration Lawyers: Accredited Specialist in Immigration Law; Best Lawyers Lawyer of the Year 2022, Immigration Law; Leading Immigration Lawyer, Doyle’s Guide 2021
9.50am to 10.35am Global Talent Visa Program
Australia is facing a talent crisis and the scout for talent is on! The Global Talent Visa provides an avenue for highly qualified and exceptionally talented individuals to secure permanent residency on a fast-track basis. In this session you will gain:
- Overview
- EOI process and discretionary power
- Nomination process, which is now part of the EOI process
- Legislative connection; EOI application
- Directions: processing of applications
- Future cancellation: Documents provided with EOI
- Authenticity of documents, incorrect information, bogus documents etc
- Overstatements: resume, outstanding achievement document, LinkedIn profile, Facebook profile, etc
Presented by Valerie Dagama Pereira, Barrister and Solicitor, Da Gama Pereira & Associates; Accredited Specialist in Immigration Law; Best Lawyers 2022, Immigration Law
10.35am to 10.45am Morning Tea
10.45am to 11.30am Business Innovation and Investment Visas
- The new Business Innovation and Investment Program
- Understanding the key differences between the streams of the BIIP
- How to progress to permanent residency through the different streams of the BIIP
- Tips and traps when preparing business skills visa applications
Presented by Lena Hung, Principal, Lena Hung & Associates; Accredited Specialist in Immigration Law; Best Lawyers 2022, Immigration Law; Committee Member, Migration Law Committee, Law Council of Australia; Committee Member, Accredited Specialisation - Immigration Law Advisory Committee and Committee Member, Migration Law Committee, Law Institute of Victoria.
11.30am to 12.15pm Work Visas and Travel Exemptions During the Global Pandemic
- Determining the correct visa to undertake activity in Australia
- Border closures and travel exemptions
- Impact on visa processing
- Updates to employer sponsored work visa policy and occupation lists
Presented by Hedvika Gibbs, Practice Leader, Fragomen
12.15pm to 1.00pm Review of Immigration Decisions by the Federal Court and Federal Circuit Court
- Which decision is reviewable where
- Who is the right applicant
- Onus of proof
- The need to establish materiality
- Common grounds of review:
- Breach of hearing rule ss 360 and 425
- Breach of requirement to advise of adverse material. ss359A and 424A
- Failure to consider a claim
- Failure to consider critical evidence
- The need for proper genuine and realistic consideration of the applicable criteria
- Critical error of fact
- Illogicality and legal unreasonableness
- Bias
- Misunderstanding the case/constructive failure to review
- Failure to comply with mandatory directions made under s 499 of the Act
Presented by David Godwin, Barrister, Queens Square Chambers
1.00pm to 1.10pm Final Q&A and Closing Comments by the Chair
Presenters
Simon Jeans, Principal, Jeans Lawyers
Simon Jeans has been practising law since 1989. Simon is listed by Best Lawyers for Australia in Immigration Law. Simon has worked as an advocate for refugees and migrants with the Jesuit Refugee Service, RACS, Legal Aid(NSW), UNHCR and in his law firm. Simon was a member of the Migration Review Tribunal and Refugee Review Tribunal from 2010-2015. Simon has been engaged by the College of Law in 2019-20 as an assessor and external moderator for the Capstone Migration Agents exam. He advices and writes submissions for the Department of Home Affairs, AAT or Minister.
Carina Ford, Managing Partner, Carina Ford Immigration Lawyers
Carina Ford is an Accredited Immigration and Administrative law specialist. She is the current co-chair of the Refugee Law Reform committee and a member of the Migration law committee of the Law Institute of Victoria. She is also a member of the Steering committee of the Law Council of Australia ( vice-chair in 2017 and 2018). She has been a registered migration agent since 1998 and is also a registered New Zealand Migration Adviser and a member of the NZAMI.
Valerie Dagama Pereira, Barrister and Solicitor, Da Gama Pereira & Associates
Valerie is Principal Lawyer of Da Gama Pereira & Associates and an Accredited Immigration Law Specialist . Valerie practices Immigration Law and is involved with Tech startups. Valerie has been involved in a number of court cases in matters against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Valerie is registered with the State Bar of California as a Foreign Legal Consultant. She is the Chair of the Law Council of Australia’s Migration Law Committee, Member of Administrative Law and Human Rights Committee, Ex Chair of the Migration Law Committee, Law Institute of Victoria, and Member of Accredited Specialisation (Immigration law) Education and Exams.
Lena Hung, Principal, Lena Hung & Associates
Lena has over 16 years of experience in migration law. She has been awarded the Law Institute of Victoria’s President’s Award for Outstanding Service in 2021 for her dedication and hard work in various LIV committees including the Migration Law Committee and advancing the cause of migration law practitioners. Lena is the primary CPD presenter for Enriched Migration Training, and has taught hundreds of migration lawyers and RMAs, on business skills, employer sponsorship, skilled migration, student visas, family migration, and visa cancellations.
Hedvika Gibbs, Practice Leader, Fragomen
Hedvika is the Practice Leader of Fragomen's Perth office and Senior Client Services Manager for the Asia Pacific region. She works with large multinational companies who have a need to move their staff around the world with speed and agility. She is a solicitor and an immigration professional with over 20 years of experience in the government and private sectors in Australia and internationally. She has provided complex advice on immigration matters in diverse sectors including Oil & Gas, Resources and Health, and represented clients in AAT matters. She has spoken at numerous immigration events, and has a special interest in supporting regional development in Australia.
David Godwin, Barrister, Queens Square Chambers
David worked as a solicitor for the Commonwealth Attorney General and the AGS for 10 years before joining the bar in 1996. He has appeared regularly in the Federal Court and Federal Circuit Court across the country, as well as some High Court appearances. He has been a member of Queens Square Chambers in Sydney for 24 years. He practices in civil appeals, Constitutional and Administrative Law, Migration Law, Competition and Consumer Law & privilege and crown immunity.