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Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
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0488 999 980 or 18004POTTS

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Appealing a Visa Refusal or Visa Cancellation – Merits Review and Judicial Review

A person’s visa may be refused or cancelled under various grounds pursuant to the Migration Act 1958 (Cth) (the Act).  Depending on the person’s circumstance and whether the person’s visa refusal or visa cancellation was valid or not, there may be a right to appeal the decision. Generally, among other things, a valid Notice of Refusal of Application or Notice or Cancellation will state whether the application for a visa is a reviewable decision or not, and will usually specify a strict time period if the decision can be appealed. To ascertain whether the respective notice is valid and/or whether the decision...

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Removal or Deportation from Australia: A Civil and Criminal Overlap

The commonality between whether a person is removed or deported from Australia is that in both cases they are forcibly removed from Australia. There are important distinctions and applications between the two mechanisms available to the Minister and the Department of Home Affairs. In short, removal is an automated process when an unlawful non-citizen is held in immigration detention and has failed to satisfy strict statutory requirements. Deportation requires a specific deportation order to be made against an Australian permanent resident pursuant to the Migration Act 1958 (Cth) (the Act) In either case, a person will usually be interviewed prior to being removed...

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No Body, No Parole – Recent decision of Lincoln v Parole Board of Queensland [2019]

The recent decision of Lincoln v Parole Board of Queensland [2019] QSC 156 demonstrates the application section 193A of the Corrective Services Act 2002. This provision is more commonly referred to as the “No body, no parole law”. The decision demonstrates that the application of the law does not specifically go to knowledge of the whereabouts of the remains of the victim of an unlawful killing. Rather, it is broader and parole can be denied where a prisoner has not cooperated satisfactorily with the investigation of the offence as a whole which could potentially lead to the location of the deceased.   When...

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Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

R v Nunn [2019] QCA 100 – Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle   In a decision by the Court of Appeal on 7 May 2019 and published on 28 May 2019, the Court again affirmed the “extraordinary circumstances” principle which is relevant when dealing with mature persons charged trafficking in Schedule 1 dangerous drugs. Traditionally, case law dictates that in circumstances where the trafficking is large scale, the sentences which are imposed on mature offenders who have plead guilty range from 10 – 12 years imprisonment. This recent decision indicates that the principle, is to be...

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Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Criminal Proceeds Confiscation and When the Proceeding will be Stayed The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in...

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Everything you need to know about Public Interest Criterion 4020

Has your Visa been refused under Public Interest Criterion 4020 Notice? Here’s What You Need to Know The occurrence of fraud or accidental provision of fraudulent documents across the visa applications process poses a high risk for not only the Department of Home Affairs but also for society at large. The concerns of the Department seem to stem from a real risk of visa applicants who fraudulently misuse their visa to facilitate illegal and heinous acts, including people smuggling, human trafficking, drug trafficking or terrorist operations. While these are justified and compelling policy factors, which are in the public’s interest, the vast...

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The definition of murder has been expanded – but is this a step too far?

Before the 1 May 2019, a person could only be convicted of murder in Queensland if it could be shown that the person intended to kill or cause grievous bodily harm to a person. Following the recent passing of the Criminal Code and Other Legislation Amendment Bill 2019 on 1 May 2019, the definition of murder has since been expanded to include death caused by an act done or omission made with reckless indifference to human life. The new definition essentially means that if a person foresees death as a probable consequence of their actions, even though it was not their intention...

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Why you need a lawyer whether your matter is big or small

  Sufficiency of evidence and public interest factors: Why you need a lawyer…………… whether your matter is big or small!                            Two matters on my desk were finalised in the past week and they gave me cause to think about just how important it is to have sound legal advice and representation, whether your matter is a minor charge or a serious one. The ramifications for both sorts of charges can be extremely damaging and long lasting. In the first matter, I had been sitting in the traffic court when a colleague from a court assistance program asked me if I could help out...

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Just what is ‘Wilful damage’

Article by Michael Purcell, Senior Criminal Lawyer Have you ever wondered what someone needs to do to attract a charge of ‘Wilful damage’? Recent charges where people have spat or thrown eggs on cars, where no other damage was caused other than requiring the car to be cleaned have caused Courts concern. Recently, the High Court in Grajewski  v DPP (NSW) [2019] HCA 8 allowed an appeal and quashed the appellant's conviction and sentence for the offence of intentionally or recklessly destroying or damaging property belonging to another, contrary to s 195(1)(a) of the Crimes Act 1900 (NSW).Although the appeal is from a...

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Can I get a work licence?

Work licences, otherwise known as restricted licences or day licences, are an area of traffic law that our lawyers give advice on daily. If you are charged with certain drink driving or drug driving offences, you may be eligible for a work licence. When you are sentenced for the drink or drug driving offence, your driver’s licence will be disqualified for a period of time. There is no way to keep your licence – the court has no choice but to disqualify you from holding or obtaining a driver’s licence. If you are granted a work licence, it allows you to drive...

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