Immigration Essentials® for Lawyers

Course Content

 

 

    
Topic Content

Introduction to Migration Legislation & Procedures

  • Immigration powers, Migration Act 1958, Australian Citizenship Act 2007 & other migration related legislation
  • The ‘Department’ – role and structure
  • Relevant tribunals and Courts
  • Migration Regulations 1994
  • Department of Home Affairs Procedural Instructions
  • Resources
    - ImmiAccount, VEVO, Legendcom, Lexis Nexis, Case Law, Austlii, Jade.io
  • Migration Agents Registration Authority
    - Registration and current issues
    - MARA Code of Conduct
  • Visa processing procedures - general             

Family Visas including Partners & Parents 

  • Outline the options available for Australian citizens/PRs/ENZC to sponsor partners to Australia
  • Describe the main features of available visas
  • Be aware of proposed changes
  • Outline visa options & eligibility requirements for other family members – parents, children, etc.

General Skilled Migration including Skilled Regional Visas

  • General Skilled Migration Visas  - subclass 189, 190, 491,489, 887,191
  • Time of application requirements
    - Schedule 6D and threshold requirements
    - Regulations and policy Issues
  • Time of decision requirements
  • State/ Territory Nominations
  • Strategies for efficiently managing an application under GSM
  • Best practises in evidentiary requirements
  • Case Studies

Student Visas

  • Overview of Student Visa Program
  • Schedule 1 requirements
  •  Schedule 2 requirements
  • Qualifying visas
  • Packages and principal courses
  • English language requirements
  • Genuine Temporary Entrant
  • Financial capacity 

Unlawful Non-Citizens

  • Statutory Bars
  • Notifications
  • Schedule 3 provision
  • Compelling policy
  • Detention and Removal

Bridging Visas

  • Identify the different types of Bridging visas and their purposes
  • Advise clients on when and how to apply for a Bridging visa
  • Advise clients on what conditions may apply to their Bridging visas (and how to lift certain conditions)
  • Explain to clients when a Bridging visa comes into effect and when it ceases to be in effect

Temporary Employer Sponsored Visas

  • Subclass 457 – Replaced with TSS 482 visa on 18 April 2017
  • Subclass 482
  • Subclass 494 (this visa will be covered in next presentation, Permanent employer sponsored visas)
  • Short summary of other temporary work visas to consider for your clients – Subclasses 400, 408, 485, and 407 visas
Permanent Employer Sponsored Visas
  • Overview of the streams – Direct Entry and Temporary Residence Transition Stream
  • Nomination applications
  • Visa Applications
  • Understand key requirements for the 494 visa
Fundamentals of Labour Agreements
  • Understand context of Labour Agreement (LA) program
  • Identify scenarios for use of LA
  • Understand legislative / regulatory requirements:
    - Agreement
    - Nomination
    - Visa
  • Source and analyse LA policy / information
  • Prepare LA submissions and supporting documents

PIC 4020 and other ban period provisions

  • Describe the Schedule PIC provisions (PIC’s 4013, 4014 and 4020) allowing visa refusal and exclusion periods on various grounds
  • Summarise the similarities and differences in these PIC provisions
  • Describe the meaning/interpretation of the key elements of PIC 4020 and case law & Policy (Policy reissued on 1 January 2018)
  • Discuss the ‘waiver’ provisions in PIC 4020 using case law/Policy and explain the grounds on which a waiver can be successful
PIC: Health Criteria
  • Understand and explain the Schedule 4 Public Interest Health Criteria for visa applications
  • Overview of current review into ‘significant costs’
  • Understand the role of  ‘Policy’ noting changes-latest Legend version 1 July 2024
  • Understand and explain the health requirement process for visa applications, including the health waiver process
  • Write an effective health waiver submission on behalf of a visa applicant
Merits Review 
  • Demonstrate a thorough knowledge and understanding of legislation, policy and procedures relevant to merits review
  • Develop a thorough and consistent approach to preparing for merits review
  • Identify and practice the steps to be taken in preparation for merits review
  • Learn how to prepare clients for and support them appropriately during tribunal hearings
  • Develop strategies for post-hearing support of clients        

Visa Cancellations: non character

  • Describe the fundamentals of the non-character based cancellation provisions
  • Explain the criteria for the cancellation provisions and the factors that need to be taken into account
  • Use available information sources to conduct further research and maintain current knowledge of the cancellation provisions 

Judicial Review

  • Understand the difference between judicial review and merits review
  • Understand the difference between jurisdictional error and non-jurisdictional error
  • Understand the avenues for the judicial review for migration decisions and the Courts’ powers
  • Understand the procedure for lodging applications for judicial review

Ministerial Intervention

  • A good understanding of the relevant Ministerial Intervention powers under the Migration Act
  • Awareness of the relevant guidelines and principles of Ministerial Intervention
  • Understanding of potential judicial review options for decision making in this space
  • Take away practical tips for giving advice on Ministerial Intervention matters, preparing documents and submissions and managing requests