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Litigation

Potts Lawyers > Litigation

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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Workplace Investigations and Responding to Allegations of Misconduct 

Workplace Investigations and Responding to Allegations of Misconduct  By Chris Korbel At face value, responding to allegations of misconduct may seem simple; you put forward your version of events and that’s it, right? Not exactly. This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as one might think. Reason 1 - Procedural Fairness A crucial requirement of any workplace investigation is generally that the subject of alleged misconduct must be afforded procedural fairness. Put simply, this means that sufficient and appropriate opportunities must be provided to the subject to respond, and all evidence...

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To Show Cause or not Show Cause – Is that Really A Question?

To Show Cause or not Show Cause – Is that Really A Question? By Chris Korbel The title of this article might be familiar to some or might be a vague memory of something that you have heard someone say once before in a Year 5 English class. If you can’t recall why the title seems familiar, the title of this article is a reference to William Shakespeare’s Hamlet. “To be or not to be, that is the question” is the first line of Prince Hamlet’s soliloquy in which the prince contemplates some very serious matters concerning life. Another way of putting...

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Responding to Show Cause Letters

Responding to Show Cause Letters If you have received a show cause letter, it is important that you obtain legal advice and assistance with responding to the allegations against you.  This applies to people who are both guilty or innocent of the conduct alleged.   This article discusses the purpose of show cause letters, the common forms of show cause letters, and why legal advice is so important to ensuring you attain a successful outcome. What is a Show Cause Letter? A show cause letter (also known as a show cause notice), is a letter sent to a person which provides them with...

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From Collaboration to Conflict:  What Happens When Your Joint Venture, business partnership, or Informal Collaboration with Another Business Turns Sour?

By Jason Papoutsis An increasing amount of businesses across the world, and here in Queensland, are collaborating with other businesses.   These types of collaborative relationships are very common these days, whether it’s GoPro & Redbull, a social media influencer who has entered into an agreement to promote a business and attend events, or your local coffee shop teaming up with a surf shop down the street.   This recent trend should come as no surprise, as are many benefits to businesses collaborating. Some of these benefits include: Collaborative relationships provide both businesses the opportunity to create unique events which attract large crowds (ie,...

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Weapons Licensing Matters in Queensland

Australian attitudes towards gun laws are arguably much more sensible than those in the United States, where mass shootings and gun related violence are a common occurrence.  The rest of the world sees Australia, and the lessons learned from the Port Arthur massacre, as a leading example of why gun laws should be strengthened.   It is evident that the strengthening of gun laws in Australia has generally led to a downturn in gun related homicides and crimes, and since Australian gun laws were strengthened, no mass murders similar to Port Arthur have occurred since. Despite this, gun laws and gun safety...

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Ashleigh DoRozario: Founding Member of the Queensland Law Society’s Diverse Abilities Network

At the beginning of this year, I became a founding member of the Queensland Law Society’s Diverse Abilities Network.  As a solicitor with disability, being legally blind with low vision, I represent persons with disability in the Queensland legal profession. In this position, I also work collaboratively with the Queensland Law Society’s Equity and Diversity Committee.  The aim of the network is to: address accessibility issues within the legal industry; seek greater diversity and inclusion within the profession; advocate equal opportunity and provide a support network for practitioners with disability accessibility, discrimination or human rights issues. With a view to destigmatising disability...

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Blue card “No Card, No Start”:  New Changes To the Blue Card System

On 31 August 2020, changes were made to the Blue Card system which all Blue Card applicants and Blue Card holders should be aware of. The “No Card, No Start” law The Blue Card system now states that applicants will be unable to work of volunteer in a position which requires a blue card until their application is approved.  Previously, applicants were permitted to begin work which requires a Blue Card whilst their application was being processed. New Rules for Blue Card Expiring The new rules also state that if you do not renew your blue card by the expiry date, you will...

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