Immigration Law: New Visas, Decisions and Appeals
This Conference brings insights from the most senior and accomplished practitioners in Immigration law. Enhance your knowledge with this unmatched opportunity to decode the new Accredited Employer Work Visa and the new Active Investor Plus Visa Category. Gain understanding from a Member of the IPT on considerations regarding best interests of the child in immigration matters. Acquire practical tools to assist you in refugee applications and dealing with matters of character and deportation. 2211NZA09
Description
Attend and earn 7 CPD hours
Session 1
New Visa Categories and Refugee Status Unpacked
Chair: Marcus Beveridge, Managing Director, Queen City Law NZ Limited
THE NEW VISA CATEGORIES DECODED AND REFUGEE STATUS DETERMINATIONS
9.00am to 10.00am Skilled Pathways to Residency
- Pathways to residence via the Accredited Employer Work Visa green list
- Occupations that have a fast-track to residence
- Occupations that are eligible for work to residence
- Preparation and processing of applications
- Other pathways to residence for skilled workers
- Update on Skilled Migrant Category
Presented by Heather Collins, Associate and Lavinia Askin, Senior Solicitor, Pitt & Moore Lawyers & Notaries Public
10.00am to 11.00am New Employer Accreditation System - Job Checks and Accredited Employer Work Visas
- Accreditation applications, Job Checks and AEWVs trends and general updates
- Discussion on the requirements of the new immigration policy vis-a-vis real life needs
- Requirements in advertising vs job descriptions vs job check: Pitfalls and things to look out for
- Employment contract issues
- Practical tips
Panellists:
Katy Armstrong, Principal, Into NZ
Arunima Dhingra, CEO, Aims Global Immigration & Education Services
11.00am to 11.15am Morning Tea
11.15am to 12.15pm New Active Investor Category
- How the policy framework works
- What constitutes ‘direct investment’ and ‘passive investment’?
- Impact of the generic English requirements (IELTS level 5)
- New Zealand Trade and Enterprise ‘s role
- Implications for investors
Presented by Bradley So, Senior Associate and Harris Gu, Solicitor, Queen City Law
12.15pm to 1.15pm Refugee Status Determinations: Credibility Issues, Hard Cases, Vulnerable Clients
- Credibility Issues; common credibility Issues and legal approach
- How to spot credibility issues early and make submissions in response to concerns
- Complex cases: how to take a multi-disciplinary approach to complex cases including working with experts and briefing them
- Vulnerable clients: how to identify vulnerabilities, briefing experts and managing modified processes for vulnerable clients
Presented by Deborah Manning, Barrister, Landmark Chambers and Stewart Dalley, Partner, D&S Law
Learning Objectives:
- Attain golden nuggets on the new skilled pathways to residency via AEWV green list
- Receive valuable advice on the new Employer Accreditation System
- Acquire perspective into the new Active Investor Plus category
- Reflect on refugee status determination including credibility issues
Session 2
Judicial Review, Character and Best Interests in Immigration Law
Chair: Simon Graham, Partner, Young Hunter Lawyers
2.00pm to 2.45pm Judicial Review of Temporary Class Visa Decisions
- Amenability
- Main grounds for review
- Practical consideration
Presented by Michael Kim, Principal, MK Law Barristers & Solicitors
2.45pm to 3.30pm Best Interests of the Child: Considerations in IPT Decisions
- Guiding principles: Higher Court cases relevant to IPT appeals and the Family Court approach to best interests assessments (including factors considered in relocation cases)
- Appeals before IPT involving children: Deportation Resident, Deportation of Non-Residents, Residence, Refugee and Protection Appeals
- Producing readily available and probative evidence which is specific and relevant to a best interests assessment involving the individual child (or children) impacted upon by the appeal
- Overall assessment: weighing and balancing all relevant factors
Presented by Debra Smallholme, Member, Immigration & Protection Tribunal
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Reactivation of Deportation Liability: Subsequent Criminal Offending
- Retriggering of deportation liability for breach of IPT conditions
- Exercise of Tribunal’s discretion
- Case study of recent decisions
Presented by Simon Graham, Partner and Austin Lange, Solicitor, Young Hunter Lawyers
4.30pm to 5.15pm Character Waivers, the Thorny Questions
- Insights from recent Tribunal caselaw
- How practical is INZ’s use of A5.45(c) against applicants facing criminal charges?
- Should alternative sentences engage the waiver process?
Presented by Simon Laurent, Principal, Laurent Law
Learning Objectives:
- Obtain practical tips on judicial review of temporary class visa decisions
- Examine the guiding principles in IPT appeals involving children
- Explore the retriggering of deportation liability for breach of IPT decisions
- Catch up on answers to tricky questions around character waivers and use of A5.45(c)
Presenters
Marcus Beveridge
Marcus Beveridge is the Managing Director of Queen City Law NZ Limited. His main areas of practice are construction and property law, commercial law, foreign investment, real estate services and immigration. Marcus has developed expertise in business-based immigration and has acted on literally 100's of successful business-based immigration applications over the best part of 3 decades. Many of these clients have subsequently become major clients of his firm. The total amount of business immigration funds invested in NZ in the last decade is close to NZ$10 Billion. Marcus is a regular commentator on immigration based issues on national Radio & TV and has presented and chaired many NZ Immigration Law conferences over the years. Marcus has also recently been on several Working Groups and Immigration Reference Groups liaising with senior INZ management about assorted immigration issues. His firm comprises one of NZ’s largest immigration law teams. Marcus was formerly Chairman of NZAMI and Convenor of the New Zealand Law Society Immigration Committee.
Heather Collins
Heather specialises exclusively in immigration and employment law and assists individuals and corporate clients on a broad range of immigration and employment matters. Heather is experienced across the various visa categories and assists with complexities such as character and medical waiver requests, responses to Potentially Prejudicial Letters, section 61 requests, Ministerial intervention requests, deportation, and appeals to the Immigration and Protection Tribunal. She has worked in the field of immigration law for 9 years and in field of employment law for 15 years.
Lavinia Askin
Lavinia has extensive knowledge of immigration law, working with both corporate and private clients to achieve successful outcomes. She also specialises in employment law, and can assist with a range of employment-related matters. Lavinia is responsive and efficient. She provides clear and focused direction to clients, through complex legal issues. Expertise in the intersecting practices of immigration and employment law allow Lavinia to ensure that her advice to businesses and individuals considers the ambit of obligations and implications in both areas.
Katy Armstrong
Katy Armstrong is a fully licensed New Zealand immigration adviser. Originally a Barrister in London followed by a stint as human rights lawyer in Guatemala, Katy made New Zealand her home from 1998. Katy has strong practical as well as legal advocacy skills. She is a frequent speaker on New Zealand immigration issues and acts as Consultant to the New Zealand Association of Migration & Investment ("NZAMI") on training for immigration practitioners. Katy is also a contributing author of the 2014 New Zealand Immigration & Refugee law textbook. In 2014, Katy was part of a working group whose advocacy led to the re-opening of over 450 partnership cases decided by the New Delhi Branch of Immigration New Zealand.
Arunima Dhingra
The Founder & CEO at Aims Global, Arunima Dhingra, is a long-timer in NZ's immigration industry. She has been providing immigration advice and support to businesses and migrants for over 15 years. In 2017 she won NZAMI’s prestigious Immigration Adviser/Lawyer of the Year Award as well as the Community Outreach Award. Arunima is now serving as a Board Director for NZAMI – NZ’s largest association of immigration advisers and lawyers - for the fifth year in a row and is Chairing the Policy Committee for the association for the third year. She has witnessed governments come and go, and policy changes - both good and bad. She has also been a very active voice in lobbying for changes when policies were estranged from practicalities of real life. Her wealth of experience and vast knowledge as an immigration industry leader means her input is often sought on all aspects of immigration policy development, including submissions on pilot schemes. Arunima says there isn't a boring day at work because the immigration landscape in New Zealand cannot stand still. That's how you clock in so many years and still remain so vested!
Bradley So
Bradley So is a Senior Associate at Queen City Law and he manages the immigration team. He specialises in business migration and foreign investments. He has represented significant employers and ultra-high net worth individuals. His clients have invested in excess of $500 million in New Zealand and he has assisted multinationals with their immigration requirements.
Harris Gu
Prior to joining Queen City Law, Harris used to work for a former Minister of Immigration as a licensed immigration adviser for 7 years. Harris has extensive experience in dealing with all types of visa applications, as well as appeals to the Immigration & Protection Tribunal (IPT), Section 61 requests, Ministerial special directions & Ombudsman complaints. Harris obtained his LLB and BCom degrees from the University of Auckland and was admitted to the High Court of New Zealand in October 2021. Harris is pleased to have joined Queen City Law’s large award winning Immigration Law team. Harris speaks fluent Mandarin.
Deborah Manning
Deborah is a New Zealand barrister specialising in human rights law including refugee and immigration law. From 2008-2011, she was a senior legal consultant to a Geneva human rights organisation which represents victims of grave human rights violations in the Arab region. She was co-counsel for the Algerian refugee Ahmed Zaoui, successfully representing him in the review of the first national security risk certificate issued in New Zealand from 2003- 2007. This was a landmark case which saw successful applications and appeals before the High Court, Court of Appeal and Supreme Court - with Rodney Harrison QC as lead counsel. Deborah is an Executive Member of the Human Rights Foundation (first holding this Membership in 2002), and has been an Executive Member of the Refugee Council of New Zealand from 2000. She is the current convener of the Auckland District Law Society Refugee and Immigration Committee. Deborah currently practices as a barrister in Auckland supported by a team of junior barristers.
Stewart Dalley
Stewart has experience in representing clients at the Immigration and Protection Tribunal, Family Court, District Court and High Court. Stewart is the Chair of the Auckland District Law Society’s Immigration and Refugee Law Committee. He is experienced in all aspects of immigration and refugee law, assisting clients with complex visa applications, deportations, humanitarian appeals, and refugee claims. His wealth of experience in the trade unions in the UK, coupled with his knowledge of immigration and employment matters saw him selected by the government to be a member of the Migrant Worker Exploitation Consultation Group which recommended various measures to protect migrant workers in the workplace.
Simon Graham
Simon is a litigation partner at Young Hunter Lawyers. He is responsible for leading the firm’s immigration and human rights team. As part of his role, he regularly appears before specialist Tribunals, and the Courts. Simon specialises in providing advice and representation with respect to all aspects of immigration litigation. This includes deportation appeals, refugee and protected status appeals, residence appeals, judicial reviews and High Court appeals, and criminal matters (including immigration fraud) which have the potential to affect a person’s immigration status. He is a member of the New Zealand Immigration and Refugee Law Committee of the New Zealand Law Society.
Austin Lange
Austin is a senior solicitor in Young Hunter’s litigation and disputes resolution team. His principal area of focus is immigration litigation, and he regularly advises on refugee, deportation, and criminal matters. Joining Young Hunter in 2020, he has already appeared as junior counsel in several appeals to the Tribunal, District Court, and High Court. Austin is also involved with the Citizens Advice Bureau’s Christchurch immigration clinic as a volunteer lawyer.
Michael Kim
Michael Kim is the Principal of MK Law Barristers and Solicitors. He is a specialist immigration lawyer who comes from a unique background as a former immigration officer at Immigration New Zealand (INZ). He worked as an immigration officer over five years in various roles including assessing various types of Resident Visa applications and conducting verification/site visits to workplaces. As an immigration officer, he had to deal with many migrants, who were desperate to become New Zealand residents but failed to do so, not because they were unworthy but simply because they weren't professionally prepared. They didn't understand the daunting nature of the immigration policies/ instructions against which their cases were to be assessed. Common stumbling blocks were featured in those failed applications that he had to deal with. Just as his immigration expertise ripened, Michael undertook a legal study at the University of Auckland with a sole aim of becoming an immigration lawyer, graduating in 2011. Since admitted to the bar shortly afterwards, he has helped many migrants achieve their immigration goals, be that Resident Visas, appeals or defending deportation. He is also experienced in conducting judicial proceedings in High Court. Michael originally comes from South Korea, married with three children. In his leisure, he enjoys reading bible and watching movies. He is 2 Dan black belt Taekwondo practitioner as well., Michael is a current member of the Immigration and Refugee Committee at the Auckland District Law Society Inc. Apart from the immigration matters, he also helped many clients in settling employment issues at the Employment Relations Authority and the Employment Court. As a counsel in the criminal matters, Michael has successfully represented many criminal clients, including a repeat domestic violence offender, discharged without conviction. Michael is a proud member of the New Zealand Law Society, ADLSI, NZAMI and Auckland Chamber of Commerce.
Debra Smallholme
Debra Smallholme was appointed as a member of the Immigration and Protection Tribunal in 2015. Prior to this, Debra spent nine years working as a barrister and solicitor, to partnership level, in Gisborne. During this time, she was also the District Inspector for Mental Health Services for four years and held roles as lawyer for child and counsel to assist the court. Having always had a strong interest in access to justice, and after three children and a move to Tāmaki Makaurau, Debra began her work as a tribunal member. She worked for 15 years as a Disputes Tribunal Referee and, during that time, for eight years as a Tenancy Tribunal Adjudicator. She has also determined ACC reviews and child support reviews and reviewed grants of legal aid. Debra works in all appeal work in the IPT and is responsible for leading the residence appeal work.
Simon Laurent
Since starting practice representing refugees in the mid-1990s, Simon Laurent has developed a strong reputation as a leader in the Immigration field. He has chaired and presented seminars for both lawyers and immigration advisers, and has been called upon to provide industry comment for the media. For several years Simon sat on the Council of the Auckland District Law Society. He was a founding member of the Society's Immigration and Refugee Committee and has been a past Convenor. From 2010 to 2012 he was Chairman of the New Zealand Association of Migration and Investment. Laurent Law accepts instructions to solve complex immigration situations, including referrals from other lawyers and advisers.
Venue
Rydges Auckland
59 Federal St
Auckland 1010
New Zealand
Valet Parking
Rydges Auckland offers Valet Parking for all guests. Daily charges are NZ$38.00. Guests can valet their car unlimited amounts of time for the one daily flat fee. The maximum height of the car park is 1.9m. Limited spaces are available.
Self Parking
Guests can self-park NZ$30.00 on a per exit basis per 24 hours. The reduced parking tickets require being validated from reception.