Immigration Law: Current Cases, Family and Appeals

Immigration is a hot topic so stay current and updated on both skills and knowledge. Unpack recent cases and review decisions. Be guided by former a member of the MRT and RRT on Appeals to the AAT. Ensure that you can navigate Family Stream Visas and the family law issues that intersect with migration concerns. A half day not to be missed. WEB236N06BZ

Description

Attend and earn 4 CPD units in Substantive Law 
This program is applicable to practitioners from all States & Territories

MIGRATION AGENTS CAN EARN:
Live Online SM7110- 2 OMARA Points 
On Demand DN436 - 2 OMARA Points

Chair: Angela De Silva, Special Counsel, Agape Henry Crux; Accredited Specialist in Immigration Law

1.00pm to 2.00pm Immigration: Current Cases and Updates

  • Recent cases to note
  • Update on judicial review in migration law
  • Any revisions in jurisdictional error grounds  

Presented by Theresa Baw, Barrister, Frederick Jordan Chambers

2.00pm to 3.00pm Family Streams Visas

  • Partner visas
    • Common pitfalls and issues
    • How to refusal-proof your client’s application
    • Recent case law
  • Child visas
    • Understanding eligibility requirements for children over 18
    • Understanding eligibility requirements for adopted children
  • Parent visas
    • Understanding the Balance of Family Test in Reg. 1.05
    • Update on visa processing times 

Presented by Sophie Manera, Partner, Tang Law; Vice-President, Western Australia State Committee, Migration Institute of Australia

3.00pm to 3.15pm Afternoon Break

3.15pm to 4.15pm Intersection of Family Law with Immigration Law

  • Practical solutions International Adoption
  • Discussions surrounding the topic of surrogacy
  • s501 and its impact in Family Law proceedings through the lens of a children first approach

Presented by Wajiha Ahmed, Partner and Mediator, Buttar, Caldwell & Co. Solicitors; Member, Human Rights Committee, Law Society of NSW; Co-Vice Chair, Human Rights Law Committee, International Bar Association, and Maurice Edwards, Special Counsel, Rafton Family Lawyers

4.15pm to 5.15pm Running and Winning an Appeal in the Migration and Refugee Division of the AAT

  • Pre-lodgement
  • Lodging the application
  • Preparing for the hearing
  • Submissions and evidence
  • Sections 359 and 424
  • Conducting a hearing
  • How to win when the decision is affirmed

Presented by Simon Jeans, Principal, Jeans Lawyers, former member of the MRT and RRT

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.

Theresa Baw
Theresa Baw is a barrister who was admitted to legal practice in 2001 and was called to the New South Wales Bar in 2006. Theresa's areas of practice are public and administrative law, and commercial  and contract law, with extensive expertise in migration law. She has appeared before the High Court in migration law matters, including unled in a special leave application. Theresa has wide-ranging experience in all levels of migration and citizenship matters, from appearing in the Administrative Appeals Tribunal to appearing unled before the Full Court of the Federal Court of Australia. She is also admitted to practice in the Supreme Court of Nauru and has successfully appeared in that jurisdiction in migration cases. Prior to being called to the Bar, Theresa practised as a solicitor including at top-tier law Minter Ellison. She has authored numerous articles including in Key Issues in Judicial Review (Federation Press). She holds a Master of Commerce from Macquarie University, and a Bachelor of Laws (first class honours) and a Bachelor of Economics, from the University of Sydney.

Sophie Manera
Sophie is a partner and the head of migration at Tang Law. She practices exclusively in immigration law, and specialises in complex migration matters, including representing clients with character and health concerns, business migration, representing clients at the Administrative Appeals Tribunal and courts, and making requests for Ministerial Intervention. Her passion is making arguments based on compelling or compassionate circumstances. Sophie is a regular presenter for various industry organisations, including Legalwise Seminars, the Migration Institute of Australia, the Law Society of Western Australia, and Legal Training Australia. She has taught at Murdoch University and the Australian Catholic University in the Graduate Diploma of Australian Migration Law and Practice. In 2018 she was awarded the Kevin Lane Service Award by the Migration Institute of Australia for her contributions to the profession. In 2019 she was awarded the Lawyers Weekly Women in Law Award for Mentor of the Year. In 2022 she was awarded the Henry Giblett award for contributions to education. She is an advocate for junior immigration lawyers and strongly believes in the importance of mentoring. Sophie is an Associate Fellow of the Migration Institute of Australia and was recently recognized in Doyle’s Guide as a leading immigration lawyer in Western Australia.

Wajiha Ahmed
Born in Lahore, Pakistan, Wajiha came to Australia with her family at age five. As a third generation lawyer, Wajiha is committed to the plight of social justice and rights of women in Australia and ensuring access to justice. She joined Buttar, Caldwell & Co. Solicitors in March 2001. She is a NMAS mediator and sits on a number of panels. Her main practice areas are civil litigation, family law, employment and immigration. In 2006, Wajiha was appointed as a part time Commissioner with the Community Relations Commission of NSW for six years. She served on the NSW Police Multicultural Advisory Council for a number of years. Since 2012 she has been a member of the Human Rights committee of the Law Society of NSW. She has served as an Officer for the Human Rights Committee of the International Bar Association since 2018. Wajiha has taught “Business, Law and Ethics” and “Contemporary Business Law” at University of Technology, Sydney from 2005 until 2019 and other private Colleges in Sydney. Wajiha has written opinion pieces in the Daily Telegraph, Sydney Morning Herald and the Guardian with respect to her views on various human rights issues over the years. 

Maurice Edwards
Maurice is an Accredited Family Law Specialist, Registered Family Dispute Resolution Practitioner (FDRP), Nationally Accredited Mediator and an Accredited Arbitrator. He is a Fellow of the International Academy of Family Lawyers. Maurice has developed an expertise in International Family Law parenting matters and has represented clients in cases under the Hague Child Abduction Convention in the Family Court of Australia, the Full Court of the Family Court and the High Court of Australia. He has trained in Japan specifically in the mediation of disputes relating to the Child Abduction Convention. For the last 20 years he has notarized the Intercountry adoption documents for the NSW Department of Communities and Justice. Maurice is named in the Doyles Guide of Leading Family Law Mediators – NSW 2023. Maurice has over 40 years experience in family law and is Special Counsel at Rafton Family Lawyers.

Simon Jeans
Simon Jeans has been practising law since 1989.  He is an Accredited Specialist in Immigration Law and listed by Best Lawyers for Australia in Immigration Law. He has worked as an advocate for refugees and migrants with the Jesuit Refugee Service, RACS, Legal Aid (NSW), UNHCR and in his law firm. He was appointed as a member of the Migration Review Tribunal and Refugee Review Tribunal from 2010-2015.  He was engaged by the College of Law in 2019-2020 as an assessor and external moderator for the Capstone Migration Agents Assessment.

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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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