Immigration Law Critical Updates: The Same Different Administrative Review Tribunal, New Judicial Review, Appeals, & Principles of NZYQ
If you run an immigration practice, don’t miss the opportunity to unpack conducting migration and protection visa reviews and judicial review matters plus appeals in the AAT in this practical program. Navigate changes in the Administrative Appeals Tribunal, how to run a character case and effective strategies for representing your client in a myriad of appeal matters at the Tribunal. Additionally, hear an analysis of crucial decisions including the fall of Al-Kateb and implications of NZYC. WEB246N07
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
MIGRATION AGENTS CAN EARN 2 CPD POINTS
MARA APPROVAL NUMBERS
LIVE ONLINE – SM740
ON DEMAND - DN483
Chair: Nicholas Poynder, Barrister, Frederick Jordan Chambers
9.00am to 09.45am Administrative Review Tribunal: The Same Different Migration and Protection Visa Reviews
- What's changing?
- The ART Bill and the ART (Consequential Amendments and Transitional Provisions) Bills
- The structure of the ART and the Review Divisions
- Introduction of Guidance and Appeal Panels
- Reinstatement of Administrative Review Council
- What has changed and what has stayed the same for migration and protection visa reviews
- Repeal of Part 7 and 7AA of the Migration Act 1958
- Simplified code of procedure under Part 5 of the Migration Act 1958
- Time limits for review applications to the ART
- New powers to dismiss review applications which are frivolous or vexatious or where applicant fails to comply with Tribunal orders
- Changes to judicial review and judicial review time limits for review of adverse ART decisions
Presented by Roz Germov, Barrister and Registered Migration Agent, List A Barristers; Accredited Specialist Immigration Law; Immigration Lawyers, Doyles Guide 2023
Professional Skills
9.45am to 10.30am How to Run a Section 501 Character Case at the Tribunal
- How to lead evidence about your client's criminal convictions
- What witnesses you should call and how many
- Addressing the best interests of the child
- Dealing with vulnerable applicants
- Addressing issues with interpreters
- Addressing potential jurisdictional errors during Tribunal proceedings
Presented by Sean Kikkert, Barrister, Jessie Street Chambers (SA), List S (Vic)
10.30am to 10.45am Morning Tea
Professional Skills
10.45am to 11.30am A-Z of Running an Immigration Judicial Review Matter
- Status of the client: lawful or unlawful?
- Previous migration history: obtaining copies of previous applications
- Current situation: working through client options
- Commencing work on the matter: procedural issues
Presented by Michelle Yu, Barrister, Frederick Jordan Chambers
Professional Skills
11.30am to 12.15pm How Best to Represent a Client: Step-by-Step Guide to Running an Appeal at the Administrative Appeals Tribunal
- Delegate’s decision and the right to merit review
- What and what not to lodge, and when
- The case is won or lost before the hearing so preparation is everything
- How to conduct a hearing
Presented by Simon Jeans, Principal, Jeans Lawyers; Accredited Specialist in Immigration Law; Best Lawyers 2023, Immigration Law
12.15pm to 1.15pm The End of Al-Kateb and the Dawn of NZYQ: What Does This Mean for Your Clients’ Matter?
- Arbitrary detention principles
- Key takeaway principles of NZYQ
- WR Bridging Visa R and the legal landscape in 2024
Presented by Alison Battisson, Director, Human Rights For All Pty Limited, and Wajiha Ahmed, Partner and Mediator, Buttar, Caldwell & Co; Member, Human Rights Committee, Law Society of NSW; Co-Chair, Human Rights Law Committee, International Bar Association