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Author: Tom Foran

Potts Lawyers > Articles posted by Tom Foran

New Rules for Lawyers and Immigration Assistance at the Administrative Appeals Tribunal

The rules have changed. If you (or someone you know) has experienced a visa application refusal or has had their visa cancelled, and an Administrative Appeals Tribunal (“AAT”) review is available, this post has relevance to you. Immigration Assistance Section 276 of the Migration Act 1958 (the “Act”) provides for the definition of “Immigration Assistance”. The definition includes situations where a person uses their knowledge or experience of migration procedures to provide advice, and to prepare visa applications and visa cancellation review applications. Preparing materials for a review application with the AAT in relation to a visa application or visa cancellation matter and...

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A Visa Application Refusal and Visa Cancellation Matters

Changed decision-making requirements: Ministerial Direction #90 To help protect the Australian community, the Australian government refuses visa applications by non-citizens that have engaged in serious conduct. A visa holder could have their visa cancelled because they have engaged in criminal activity. If a visa application is refused or a visa cancelled, there can be huge ramifications for the individual involved. The non-citizen’s Australian family members too can experience repercussions. Children living in Australia are severely impacted if their parent or caregiver’s visa is cancelled, and they are subsequently removed from Australia. The decision to refuse a visa application or to cancel a visa...

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New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact

New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact By Tom Foran This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds will be made. The changes could impact upon non-citizens that have a criminal record and that have applied for a visa; those that have received a notification from the government that their visa might be cancelled; and those that have already had their visa cancelled and would like to get it back. If you have already made a response to the government about one of...

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15 November 2020 Australian Citizenship Test Changes

By Tom Foran The Australian government has announced changes to the Australian Citizenship Test. The new testing regime will come into effect from 15 November 2020. This article explains who needs to take the Australian Citizenship Test. If you have recently applied for Australian Citizenship, then depending upon whether you have applied under Citizenship by Conferral or Citizenship by Descent, you may be impacted. We will look at the exceptions. Some applicants that would normally be required to take the test are exempt. There is going to be an overlap between the existing system and the new system. If you are going to...

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Mandatory Visa Cancellation for Child Exploitation Materials in Queensland

Mandatory Visa Cancellation for Child Exploitation Materials in Queensland By Tom Foran On 15 September 2020, the Queensland government made amendments to the Penalties and Sentences Act 1992. The changes to subsection 9(4)[1] to that Act are relevant to this post. That subsection provides the requirements for a Court when determining the appropriate sentence for a person that has committed any offence of a sexual nature in relation to a child under 16 years of age, or in relation to a child exploitation material offence. The first requirement for the Court is to have regard to sentencing practices, principles, and guidelines that apply...

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Family Violence and Australian Partner Visas

1000 Partner visa application approvals each week and a very common problem According to statistics published by the Department of Home Affairs, in the 2019 to 2020 financial year, 52,479 Australian Partner visa applications were lodged. That is about 1000 applications each week. 96,361 applications were in the pipeline at the end of June 2020, awaiting processing. An article in the Medical Journal of Australia[1] explains that it is difficult to specify the incidence rate of family violence. The incidence rates depends upon the definition used; and whether the data comes from community crime victim surveys, community samples, or prevalence studies in...

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