Current Migration Law Concerns: Practical Answers
Issues covered include: Character decisions, Migration Act, Section 501, Public Interest Criteria and provisions, PIC 4020, Administrative Appeals Tribunal, migration agents, MARA, OMARA, Judicial review, advocacy, unreasonableness and credibility.
Description
Catch up on some of the most urgent and important issues commonly facing those working in the migration sector. Master how to deal with increasingly frequent PIC 4020 waiver issues. Explore the nuances of s 501 and character and non-citizen decisions. Hone your advocacy skills so you’ll be prepared to handle unreasonableness and credibility issues when before a decision-maker. And finally, pick up your ethics point with a practical and detailed examination of the issues that can trip up your practice.
Attend and earn 3 CPD units including:
1.5 units in Substantive Law
0.5 unit in Professional Skills
1 unit in Ethics & Professional Responsibility
This seminar was recorded in NSW on 21 June 2019
MIGRATION AGENTS CAN EARN 2 CPD POINTS, INCLUDING 1 ETHICS POINT
MARA APPROVAL NUMBERS SM389 & SM390
Chair: Simon Jeans, Principal Lawyer, Jeans Lawyers; Accredited Specialist in Immigration Law; Best Lawyers, Immigration Law; former Member of the MRT and RRT
2.00pm to 2.40pm: Character and Non-Citizens: Charting the Metes and Bounds of Section 501
- Review of s 501 of the Migration Act 1958 (Cth)
- Applying relevant Ministerial Directions
- Review of character decisions before the Administrative Appeals Tribunal
- Practical tips for practitioners
Presented by Oliver Jones, Barrister, 4th Floor Selborne Chambers
2.40pm to 3.20pm: Fraudulent or Misleading Information, the Increasing Significance of Public Interest Criterion 4020 and the Waiver Process
- PIC provisions governing fraudulent or misleading information submitted in an application
- Understanding the PIC provisions (including 4020, 4013 and 4014) allowing visa refusal and exclusion periods
- Obtaining a waiver of PIC 4020
- The relevant standard: satisfying the Minister that there are compelling circumstances affecting Australia’s interests, or compassionate or compelling circumstances affecting an Australian citizen or permanent resident
- Evidentiary considerations: What’s needed to satisfy the standard?
- Kaur & Ors v Minister for Immigration & Anor [2018] FCCA 1614 and the precise meaning of ‘compassionate’ and ‘compelling’ and what’s actually required
- Strategies and best practices in submitting a waiver application
- Additional recent and interesting decisions and case studies
Presented by Oliver Jones, Barrister, 4th Floor Selborne Chambers
3.20pm to 4.35pm Afternoon Tea
Ethics & Professional Responsibility
3.35pm to 4.35pm: Professional Misconduct and Ethical Issues in Migration Law
Migration law is an increasingly complex area and can involve providing advice to vulnerable individuals. Errors of law and procedure can have severe ramifications for migrants, their families and the businesses that employ them. Accordingly, migration agents and legal practitioners must take great care to ensure that their advice is sound, and their conduct complies with professional standards. In this session, Australian legal practitioners Jennifer Wilson and Angela De Silva will review the professional standards, explore the common errors made by migration agents and solicitors and consider the potential ramifications.
Presented by Jennifer Wilson, Senior Manager and Angela De Silva, Manager, Deals, Tax and Legal, KPMG
Professional Skills
4.35pm to 5.15pm: Advocacy Skills, Unreasonableness and Credibility
- Advocacy skills/persuasion before the decision-makers, tribunals and courts
- ‘Unreasonableness’ as an area of Judicial Review
- Exploration of recent developments in credibility findings
Presented by Theresa Baw, Barrister, Frederick Jordan Chambers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia