Immigration Law: Visa Updates, Delays, Appeals and Case Review
Immigration continues to be a hot topic. There are recent changes to visa requirements that you need to be abreast of. Join us to decipher the latest updates plus review the latest complex cases from the AAT and the courts. You will cover the new Court Rules regarding Appeals which you must understand. Plus, with the long delays on decisions that many clients are enduring, explore the practical and legal options to undertake. 229N02
Description
Attend and earn 4 CPD units in Substantive Law
MIGRATION AGENTS CAN EARN 2 CPD POINTS
MARA APPROVAL NUMBERS
FACE TO FACE – SM679
LIVE ONLINE – SM677
ON DEMAND – DN428
This program is applicable to practitioners from all States & Territories
Chair: Angela De Silva, Special Counsel, Agape Henry Crux; Accredited Specialist in Immigration Law
9.00am to 10.00am Recent Visa Changes and Updates
- Pathways to permanent residence from subclass 482 TSS Short term stream visa
- Subclass 191 Permanent Residence (Skilled Regional) visa
- Business Innovation and Investment visa holder and the COVID pandemic
- Defective notification of visa cancellation decision
Presented by David Gu, Principal Lawyer, ProActive Legal; Accredited Specialist, Immigration Law
10.00am to 11.00am What to Do When Immigration Decisions are Delayed at the Department of Home Affairs
- Types of administrative decisions that may be affected by delay
- Legal unreasonableness
- Impact of unreasonable delays on visa applicants and related entities
- Remedies for delays: practical and legal
Presented by Michelle Yu, Barrister, Frederick Jordan Chambers; Best Lawyers 2023, Immigration Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm FCFCOA and Federal Court: Practice and Procedure
- The new rules
- How to prepare a matter in both the FCFCOA and Federal Court on appeal
Presented by Bernadette Rayment, Partner, Sparke Helmore Lawyers; Best Lawyers 2023, Immigration Law, Public Law and Katherine Evans, Senior Associate, Sparke Helmore Lawyers
12.15pm to 1.15pm Case Studies on Complex Immigration Cases from the AAT and the Courts
A review of the latest cases and learnings that you can immediately apply in your practice including:
- Revocation of visa cancellation under s.501CA(4) – giving “active intellectual consideration to representations” made by an applicant:
- Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172
- Hong v Minister for Immigration and Border Protection (2019) 269 FCR 47; [2019] FCAFC 55
- Partner visas – ceased relationships and alleged family violence:
- Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Gupta [2022] FCAFC 51
Presented by Gregory Johnson, Barrister, PG Hely Chambers; Best Lawyers 2023, Immigration Law
Venue
Legalwise Seminars - Pitt Street
Level 11 70 Pitt Street
Sydney 2000 NSW
Australia
Parking information:
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions:
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Presenters
Angela De Silva
Angela De Silva is a Solicitor and Accredited Immigration Law Specialist working at Agape Henry Crux Lawyers as their Special Counsel. Angela has 10 years of immigration experience consulting to major Australian and international organisations and also has experience with Australia's humanitarian visa program by representing clients for protection visa matters. Angela is a Solicitor admitted to the Supreme Court of Queensland and has previously worked in criminal law at the Office of the Director of Public Prosecutions in Queensland. She is a member of the New South Wales Law Society and a member of the Migration Institute of Australia.
David Gu
David Gu is the Solicitor Director of ProActive Legal and has extensive experience in practising in Australia immigration law. He is also an Accredited Specialist in Immigration Law by the Law Society of NSW, one of only 42 currently in New South Wales. Even for the whole of Australia, there is currently less than 80 Accredited Specialists in Immigration Law among some 5500 registered migration agents. David started his career in immigration law in 2005 when he worked for the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) (now the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT)). He later worked for the Department of Immigration and Citizenship (now known as Department of Immigration and Border Protection) for close to 5 years. During that period, David worked in a number of different roles, including as a Legal Officer of Department of Immigration. David moved to private practice as a Solicitor in 2010, when he joined a Sydney law firm specialising in immigration law and practice, and where he later become an Associate. In early 2013, David founded ProActive Legal. Over the years, David has assisted many clients, both individual and corporate, to achieve their goals. He has resolved some of the most challenging and complicated migration problems. Listed below are some of David’s notable achievements: As a Solicitor Advocate (without a Barrister), David represented and won the first ever judicial review case, Singh v MIAC [2012] FMCA 145, concerning a public interest criterion (PIC 4020) dealing with fraud in relation to visa application; Successfully overturning an airport Student visa cancellation decision in the Federal Magistrates Court. His submissions resulted in the Minister for Immigration conceding without the need for a court hearing (Jiang v MIAC – SYG538/2012); Successfully representing a client in the MRT on a review of Student visa refusal. That was initially refused on the ground that the visa applicant is not a genuine temporary entrant because he did not complete any course of studies during his 7 years in Australia; Successfully persuading the MRT to accept an adult of 28 years of age being a ‘dependent child’ of a primary visa applicant despite the person not being medically disabled or undertaking any course of study; Successfully prepared and applied for a client in a Subclass 892 Business Owner (Residence) visa despite the client having earlier made two unsuccessful Subclass 892 Business Owner visa application prepared by another registered migration agent; Successfully represented clients in judicial review proceedings where the case was won without a hearing. Assisting a corporation to successfully sponsor a number foreign workers to work in the occupation of Massage Therapist on subclass 457 Temporary Work (Skilled) visas at a salary of $96,400. David’s proven experience and knowledge in immigration law, policies and procedures are crucial assets in providing strategic and practical migration solutions. He is also frequently consulted by other registered migration agent and migration lawyers on difficult and challenging cases. David also practises in family law and civil dispute matters, including employment disputes.
Michelle Yu
Michelle practises primarily in the areas of migration law, public/administrative law, family law and children’s care and protection. Prior to being called to the Bar, Michelle practised as a legal adviser to members and staff of the Administrative Appeals Tribunal (Migration and Refugee Division). Michelle has also previously worked for the Department of Immigration and Border Protection and community legal centres specialising in migration and refugee law. Due to her experience working with both applicants and government agencies, Michelle has developed a strong understanding of the Australian migration and citizenship framework and their impact on other areas of law.
Bernadette Rayment
Bernadette is a highly experienced Commonwealth administrative law advocate, having represented Commonwealth agencies, in merits review, judicial review and statutory interpretation matters for more than three decades. Over the past four years, Bernadette has represented the Minister for Home Affairs in over 1,500 migration and citizenship judicial review applications in the High Court of Australia, Federal Court of Australia, and the Federal Circuit and Family Court of Australia. Bernadette brings considerable expertise advising the Commonwealth on case strategy which takes into account the broader policy objectives of government, and regularly works in close co-operation with Courts and the Administrative Appeals Tribunal to implement case management initiatives which streamline practices. Bernadette has presented numerous public law training sessions on statutory interpretation and administrative litigation strategy. She is the coordinator of Sparke Helmore’s national induction and CLE training program for Government Administrative Lawyers, holds a Graduate Certificate in Change Management, and is currently undertaking a Masters of Education.
Katherine Evans
Katherine is an experienced administrative lawyer and solicitor advocate who regularly appears for Commonwealth agencies, including the Department of Home Affairs, in judicial review proceedings before the Federal Court of Australia and the Federal Circuit and Family Court of Australia. Katherine is also the solicitor on record and instructs Counsel in complex judicial review litigation before the Full Court of the Federal Court, as well as the High Court of Australia. Katherine regularly advises Commonwealth agencies on issues of statutory interpretation, regulatory processes, litigation strategy and decision-making. She is highly familiar with the Migration Act 1958 (Cth) and the Australian Citizenship Act 2007 (Cth) and has undertaken secondments to the former Department of Immigration and Border Protection, where she worked as a Legal Officer across the Refugee, Migration, and Fast Track Litigation teams.
Gregory Johnson
Called to the Bar in 2013 and admitted as a solicitor in 2005, Greg has particular expertise in Employment, Administrative and Migration Law matters. Greg regularly appears in the Federal Court of Australia, Federal Circuit Court, Supreme Court of NSW, District Court of NSW, as well as various Federal and State Tribunals, including the Fair Work Commission and the NSW Civil and Administrative Tribunal (NCAT). His extensive client base includes the Commonwealth Government, corporations and individuals. In employment matters he acts for both employers and employees. He has also been briefed in special leave applications in the High Court of Australia. In addition to his representation of clients in courts and tribunals, Greg also skillfully appears on behalf of clients at mediations and informal settlement conferences. Prior to being called to the Bar, Greg gained considerable experience as a solicitor at Harmers Workplace Lawyers and at DLA Phillips Fox (now DLA Piper). At DLA Phillips Fox, Greg worked in the areas of Administrative Law, Litigation and Employment Law. He holds a Master of Laws from the University of Sydney, and a Bachelor of Laws and Bachelor of Arts from the University of New South Wales. Greg has also held various executive roles in the profession, including as President of NSW Young Lawyers in 2013. Greg provides high quality legal representation based on his years of experience as a barrister and his prior experience as a solicitor in his areas of specialty. He is committed to working closely with his clients to achieve optimal results and is commended for his ability to work as an effective team member and to achieve favourable outcomes. Greg has been recognised in the Australian Financial Review's Best Lawyers in Australia for Immigration Law for 2021.