find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Corporate Lawyer
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· 12 months fixed term opportunity
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Migration Law Update - March

Migration Law Update - March

 

Promoted by

Considering providing migration advice? Do you know all that you need to know?

by Angela Julian-Armitage

National President Migration Institute of Australia and Barrister-at-Law

MIGRATION LAW is a complex and ever-evolving area of legal practice. Practitioners providing migration advice and assistance must, by law, be Registered Migration Agents (RMAs) with the Office of the Migration Agents Registration Authority_(OMARA).

In addition to satisfying the pre-requisite legal requirements, a professional, competent and effective RMA practice necessitates in-depth and up-to-date knowledge of migration legislation, regulations and policies

The Migration Act 1958 and the Migration Regulations 1994 contain a number of provisions that limit or prevent a person from applying for an Australian visa of any class. These range from preventing an individual from applying for a further visa while in Australia to bans from making visa applications for up to 10 years.

A visa application refusal or cancellation while in the country could result in a ‘Section 48 bar’ requiring the person to depart Australia and be unable to apply for certain visas while here. Serious misconduct such as providing false and misleading information or documents in an application for entry to Australia, even on passenger arrival cards, may result in bans of up to 10 years pursuant to the Public Interest Criteria (PIC) 4020 of the Migration Regulations 1994.

These provisions extend to a visa applicant’s family regardless of whether or not they are part of the visa application. If you are considering providing migration advice, ensure that you are well informed and compliant with all the relevant legislative provisions.

The Migration Institute of Australia (MIA) provides assistance to its member practitioners, starting out in this area, with a myriad of professional support services. More details of these services are on the MIA website (www.mia.org.au).

Angela Julian-Armitage is the National President and QLD/NT State President of the Migration Institute of Australia and a practising Barrister at the Queensland Bar. Angela operates a Migration Law practice and assists solicitors and RMAs with Review and Appeal work in the area of Migration Law. In addition to her Migration Law expertise, Angela conducts a wide-ranging commercial practice.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Migration Law Update - March
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by The way we do business, where we work, how we engage with workers, even how we take a...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...