Many of our clients have had a long relationship with AR LAW Services, some for about 20 years, and in that time they have worked hard and acquired assets – maybe a house or two or a car or a boat or a business. And more importantly maybe a family – a partner and perhaps kids.

That is why over the years AR LAW Services has built up great expertise in drafting wills.

Right now AR LAW Services is offering a special “budget basic will” deal for the fix price of $660.(gst included)

For full details:

Budget Basic Will Deal

So if you or someone you know is thinking of getting a will prepared  talk to us.

Book an Appointment

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to   www.arlaw.com.au

Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post Special budget Will Deal: It is not a pleasant thing to think about, but we all die the only thing sadder than dying is to die without a valid will. appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

About three years ago a woman approached me to seeking advice regarding an appeal for a small boy who she was “sort of a mother to”.

She was a well spoken profession Australian Citizen and had seen many lawyers in the last few months – among them some of Australia’s leading law firms, all had told her the case had little prospect of succeeding.

The little child had arrived in Australia on a visa “they got somehow” when the child was about ones years old and ever since the department was trying to ‘deport” the child.

An application for protection (a refugee visa) had later been filed.

That application had been refused.

An appeal to the AAT had then been filed.

It is at this time I and AR LAW Services where approached.

On review of the matter I discovered that the child belonged to a small group of indigenous tribal people that due to ethic and religious reasons were subject to persecution.

The child – an orphan – was extremely traumatized due to the horrendous ordeals suffer in such a short life.

So obviously we required a full psychological assessment.

Additionally and simultaneously the Family Court was persuaded to award ‘custody” of the child to the woman  “sort of the child’s mother”.

All of this was woven together and presented to the tribunal.

After many submission and appearances at the AAT the Deputy Member agreed with me and we won.

The little child who had faced a truly bleak future: despised cast-out and persecuted, had with one decision of the AAT been saved.  The future now was indeed bright and bristled with the opportunities that a life in Australia held.

So if you or anyone you know has had a visa refused or cancelled and have been told it is a ‘hopeless” or difficult case make an appointment with a Master Migration Lawyer.

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to   www.arlaw.com.au

Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post Another “David and Goliath” refugee case won by AR LAW Services at the AAT. appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

The post AR LAW Services – Best Immigration Lawyer, Federal Court, Administrative Appeals Tribunal: what clients have said about AR LAW Services appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

The applicant is a genuine applicant for entry and stay as a student because:

(a) the applicant intends genuinely to stay in Australia temporarily….

In  Saini v Minister for Immigration and Border Protection [2016] FCA 858 (29 July 2016)  Judge Logan held that a genuine temporary entrant requirement is: It is permissible tor an applicant for a student visa to have a subjective intention to seek, at some time in the future, a further visa which would enable a further temporary stay in Australia – for example, a 485 visa, or perhaps a 457 visa, or some other temporary visa

That is if an applicant has a “settled intention” at the time of decision to seek a visa at some time in the future that would lead to anything more than temporary residence, then a conclusion can safely be drawn that the applicant does not satisfy the genuine temporary entrant requirement.

So that is the currently law however there is also another relevant case that should be noted

Khanna & Ors v Minister for Immigration & Anor [2015] FCCA 1971 (20 July 2015)

In Khanna Judge Manousaridis held that the Tribunal had committed jurisdictional error by interpreting the “genuine temporary entrant” requirement to mean that an applicant could not satisfy the criterion if she/he holds a subjective hope or intention of seeking to remain in Australia beyond the period of the student visa if a further visa pathway should become available.

It was Judge Manousaridis’s view in Khanna that it is necessary for the Tribunal, in assessing whether an applicant for a student visa meets the genuine temporary entrant requirement, to inquire as to the applicant’s plans and intentions are if a further visa pathway does not present itself: if an applicant states that they would return to their home country if a further visa is not granted, then they could satisfy the genuine temporary entrant requirement, but if they disclose to the Tribunal that they would intend to remain in Australia even if a further permanent visa pathway did not become available, then they would not meet the requirement.

If you or anyone you know is about to lodge a STUDENT VISA or has had a  visa refused on GTE grounds please speak to one of the lawyers at our office for thorough advice on your options.

Call   03 9614 0218                or email         info@arlaw.com.au

to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post Student visas – what it means to be GTE (genuine temporary entrant) appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

In the seven months to March of this year, some 9000 student visas have been cancelled by the DIBP, according to a recent report in The Australian.  Compared to two years ago where the figures stood at between 8000 to 9000 cancellations, it is looking like student visa cancellations could hit 15,000 this year.

Student visas may be cancelled on various grounds, including plagiarism. The Australian’s report highlighted the case of Shaheryar Khan, who had his visa cancelled because he was reported to have copied a number of his assessments directly from internet sources without attribution.

If you or anyone you know has had a student visa cancelled please speak to one of the lawyers at our office for thorough advice on your options.

Call   03 9614 0218 or email         info@arlaw.com.au

to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post Student Visa cancellation – likely to double this year appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Very Important case for Partner visas particularly.

If you or any one you know has applied for or is thinking of applying for or has had a Partner/Spouse visa refused because you were unlawful or did not hold a substantive visa – or were subject to schedule III talk to AR LAW Services and how this Federal Court case may apply to you.

IF YOUR PARTNER VISA HAS BEEN REJECTED EVEN BY THE AAT – call AR LAW Service TODAY for an Appointment – call 96140218 or email  info@arlaw.com.au

Waensila v Minister for Immigration and Border Protection (2016) FCAFC 32 (11 March 2016)

The Full Court unanimously held that there is no “temporal” limitation on when the compelling circumstances relied on for a Schedule 3 “waiver” must have existed.

The Court held that the proper interpretation of Subclause 820.211(2)(d)(ii) is that compelling circumstances can be considered without regard to when they occurred.

Therefore, the Department and the Tribunal are not confined to considering compelling circumstances that existed at the time that the application was made. Circumstances that have arisen after the application was made can and must be taken into account.

The Full Court held that the Tribunal had committed jurisdictional error by construing subclause 820.211(2)(d)(ii) to mean that the only matters that could be considered as compelling reasons for not applying Schedule 3 had to be in existence at the time of the lodging of the partner visa application.

Held by Judge Robertson’s view that since the purpose of the Minister’s having discretion not to apply (or to “waive”) Schedule 3 was to give the Minister “greater flexibility if and when compelling circumstances arise and, for example, to avoid hardship to the visa applicant”, it would be inconsistent with that purpose to adopt an interpretation that would limit the circumstances that could be taken into account “to circumstances existing at some past point”.

It was Judge Dowsett’s view that the circumstances which can be relied upon to justify the exercise the discretion not to apply Schedule 3 should not be limited in the absence of “statutory or regulatory requirements”. And neither subclause 820.211(2)(d)(ii) include any requirements which restrict the matters which may be considered as “compelling” only to those which are in existence at the time that the partner visa application is lodged.

The reasons given by Judge Griffiths were as follows:

The power to dispense with, or “to waive”, Schedule 3 requirements, is not itself a “criterion” of Part 820 to Schedule 2 of the Regulations. Therefore, in His Honour’s view, the heading that appears at clause 820.21 that reads: “Criteria to be satisfied at time of application” does not have the effect of confining the decision-maker’s consideration of whether there are compelling circumstances only to matters which are in existence at the time of the application;

The “waiver power” in subclause 8320.211(2)(d)(ii) is expressed in terms that the Minister “is satisfied that there are compelling reasons for not applying” Schedule 3, and that this language implies that the waiver power would be exercised at the “time of decision” as to whether to grant a visa, and thus the matters to be taken into account should extend to matters in existence not just at the time of application, but also at the time of decision;

Since the “waiver power” was intended to alleviate hardship, it was necessary that there be clear words in the text of the legislation and regulations confining the matters that could be considered – and since no such language exists, it is not appropriate to interpret the regulations as limiting the reasons that can be considered to those that exist at the time of application;

The Explanatory Statement to the amendments that introduced clause 820.211(2(d)(ii) do not contain anything which says that the circumstances which are relied on as the basis for seeking a “waiver” of Schedule 3 must exist at the time of the application.

If you or anyone you know has had a partner visa refused either by the department or by the AAT – even if you are now before the Minister – please speak to one of the lawyers at our office for thorough advice on your options.

Call 03 9614 0218 or email info@arlaw.com.au to arrange a free initial 30 Minute consultation at our Melbourne office.

For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

The post Good News for unlawful visa applicants in love: Schedule III Waensila v Minister for Immigration and Border Protection (2016) FCAFC 32 (11 March 2016) appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Thursday 3 March 2016

Melbourne Polytechnic, Preston Campus, 77 St. Georges Rd. Preston

·        Building C, level 2

The post Free Lecture: Update on Skilled Visa Classes appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Leading constitutional lawyers, legal groups and the Australian Bar Association have warned the Government that this proposed law is in danger of breaching the constitution. The process of assessing the decision to strip one’s citizenship will essentially be left in the hands of public servants without due process.

This is completely at odds with Australia’s natural justice requirement because those at risk of having their citizenship stripped, will not have not have the right to a fair trial or to a presumption of innocence, nor will they have the ability to provide a defence to the accusations laid at their door.

Immigration Department head Mike Pezzullo told Shadow Attorney-General Mark Dreyfus that the Government had legal advice that the Bill is constitutional — however, on Ministerial advice, these grounds will not be disclosed. These actions have raised fears regarding the future repercussions of this Bill, should it be made law, as well as the seemingly non-existent options to legal recourse to those caught under these provisions.

If you or anyone you know is thinking of applying for Australian Citizenship or have had your citizenship cancelled or any issues talk to AR LAW Services: Master immigration lawyers and experts in Australian Citizenship call   0396140218 or email info@arlaw.com.au to arrange a free initial 30 minute consultation at our Melbourne office.

The post Australian Citizenship Bill Saga Continues appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Are you a skilled worker interested in migrating to Australia? SkillSelect is an online system that allows you to quickly and easily enter your details to be considered for an invitation to apply for a skilled visa.

SkillSelect identifies overseas workers with the skills that are most in need in Australia. To find out if you have a skill that Australia needs, have a look at the Skilled Occupation lists on our website. State or territory governments will use SkillSelect to identify and select skilled workers that they wish to nominate for a skilled visa.  If you are nominated by a state or territory government, this will increase your opportunity to receive an invitation.

Over 39,000 invitations for skilled visas were issued in the 2014-15 programme year. 

If you are thinking of applying for an Australian visa you should speak to AR LAW Services: Master Immigration & visa lawyers first.  Contact us now for an initial free 30 minute consultation at our Melbourne office.

The post Visa updates from the Department of Immigration appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

As noted in the Age

Talk to AR LAW Services; Masters of Immigration & Visa law if you fear deportation or you are currently facing deportation.

The post Deportation. Hundreds of convicted criminals have visas revoked appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.