In an interview with The Australian, he defended the government’s record in appointing large numbers of new tribunal members and described it as a method of ­ensuring the AAT reflected “community values”. This had not been the case with some of the tribunal’s refugee and migration decisions.

“Very significant evidence has existed that people have lied on their applications, or have engaged in identity fraud and a minister has determined not to provide a relevant visa and those decisions have been overturned,” he said. “I don’t really think they are arguably a matter of concern to the community; I think they are,” Mr Porter said. (the full story)

https://www.theaustralian.com.au/national-affairs/immigration/blitz-on-aat-visa-appeals-boom/news-story/46bbdba087a7dd65820a2bcc0b9cb58f

So if you or someone you know has had a visa refused or cancelled talk to us.

AR LAW Services are not only Masters of Migration and Visa law but we have extensive experience in AAT and Federal Circuit Court appeals including GTE, PIC 4020 Bogus Document, health and character matters and s501 cases, these are extremely complex and specialist area of Australian immigration law and that is where a Master Migration Law with over 20 years experience may give you the edge you need.

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 With the Government “cracking down” on AAT and visa appeals – Now more than ever you need sound legal advice from a Master Migration Lawyer appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

(For more on “Singh” and the strict liability of PIC 4020 read my earlier blog)

https://www.arlaw.com.au/uncategorized/bogus-documents-pic-4020-fed-court-says-strict-absolutely/

In Brief, as stated in policy, Fraud within the Visa and Citizenship Programmes is a high risk for the Department. People may present bogus documents, conceal information or provide false or misleading information where they would otherwise fail to meet the criteria for a visa. They may commit fraud to facilitate people smuggling, human trafficking, drug trafficking or terrorist operations.

In order to manage the risks, appropriate mitigation strategies must be in place.

Public interest criterion (PIC) 4020 is intended to significantly increase the level of integrity in visa applications by providing a strong disincentive to those considering giving, or causing to be given, a bogus document or information that is false or misleading in a material particular. It also requires applicants to satisfy the delegate as to their identity.

PIC 4020 is one of the Public Interest Criteria in Sch 4 of the Migration Regulations 1994 (the Regulations). Where PIC 4020 is among the criteria for grant of a visa, unless the requirement to satisfy PIC 4020 is waived under PIC 4020(4), it must be met in order for the visa to be granted. Failure to satisfy PIC 4020 is grounds for visa refusal not for visa cancellation.

PIC 4020 contains two key areas:

1.Fraud relating to bogus documents and false or misleading information

2.Satisfaction with the applicant’s identity.

PIC 4020 enables refusal of a visa if the applicant provides a bogus document, or information that is false or misleading in a material particular in relation to the application for the visa.

As noted by Justice Buchanan in Trivedi when he held

For the reasons I have already given, it should be accepted that PIC 4020 is directed to information or documents which are purposely untrue.  It seems to me to be clear from the same analysis that the purpose of PIC 4020 was to render visa applicants ultimately responsible for the veracity of the information and documents supplied to support the application.  Although the limited terms of the waiver (and therefore any discretion to excuse non-compliance) make it apparent that innocent errors are not the focus of attention, it is equally clear that PIC 4020 is directed at the overall integrity of the visa system and as a bulwark against deception and fraud from any quarter associated with a visa applicant.  It is not inconsistent with a coherent public policy to make a visa applicant ultimately responsible for purposely untrue material provided with a visa application.  It would be an intolerable burden on the administration of the visa system to require that those assessing visa applications not only discover that information or documents are false in a material particular, but also that the visa applicant who provided them knew them to be so.  In many cases that would be impossible and would defeat the apparent intent of the provision.

It was against this backdrop that a client approached AR LAW Services – their 189 Skilled Visa had been refused due to the fact the case officer determined that the submitted work references where “bogus” documents.  The client had been badly assited and poorly advised by a migration agent who clearly did not have the required skill nor knowledge to manage such a visa application.

The incompetence of the Migration Agent is most telling and can be most clearly seen in the agents moronic and poorly drafted reply to the case offices “natural justice” letter. (This letter is a very important opportunity for visa applicants to “clarify” and hopefully sort out any integrity issue that may arise)

Given the migration agents borderline negligent reply to the case officer the visa was refused.

The client was desperate and understandably angry with the migration agent (and will probably sue) when he came to AR LAW Services. (The other issue was he filed his own AAT appeal consequently AR LAW Services had to do a great deal of remedial work to give the appeal any chance)

Following the securing of many original documents and sworn affidavits AR LAW Services made a detailed and voluminous submission to the Tribunal, where the basic construction of PIC 4020 and the relevant jurisprudence was contested.

The hearing was held recently at the Administrative Appeals Tribunal Perth and following a day of evidence AR LAW Services prevailed.

The applicant was found to have not been in breach of PIC 4020 and the visa application was remitted to the department for reconsideration.

That is, we won!

So if you or anyone you know has an Australian Visa refused or rejected on PIC 4020 or if you face an accusation that “false and misleading” information has been submitted in a visa application by you or on your behalf contact us to discuss your Appeal or Review options.  Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: 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 AR LAW Services wins another important AAT case: PIC 4020, visa refusal for ‘Bogus’ documents: how the wrap got beat! appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Home Affairs published the first round of State and Territory Nominations issued for 2018/19 Immigration Program Year.  For the month of August, a total of 886 subclass 190 nominations invitations were issued.

The following number of invitations were issued per State/Territory:

• Victoria – 292
• NSW – 173
• QLD – 109
• TAS 132
• SA – 78
• ACT – 66
• WA –
• Business Innovation and Business Talent Invitation Rounds Published

Business Innovation Subclass 188 (State by state breakdown)

• ACT – 0
• NSW – 100
• NT – 0
• QLD – 112
• SA – 32
• TAS – 3
• VIC – 438
• WA – 38

Business Talent Subclass 132 (State by state breakdown)

• ACT – 0
• NSW – 13
• NT – 0
• QLD – 60
• SA – 116
• TAS – 1
• VIC – 11
• WA – 26

A total of 331 Subclass 188 invitations were issued in August 2018 and 156 Invitations issued for Subclass 132 visa the same period.  This represents almost 40% of the entire intake for both subclasses for 2017/18 Migration year.

All intending migrants who are interested in applying for a provisional Significant Investor visa must submit an Expression of Interest through Skill Select and be nominated by a State or Territory government or Austrade in order to receive an invitation to lodge a visa application.  In addition to the applicant will need to complete Form 1413D in relation to complying significant and premium investments.

For Significant Investor stream applicants, the Complying Significant Investment must include:

• a total of at least AUD500,000 in one or more venture capital funds; and
• a total of at least AUD1,500,000 in emerging companies investments.

Any remaining portion of the investment may be invested in one or more balancing investments and/or either of the above. The complying significant investment allows for investments to be made via a fund of fund structure. Declarations are to be made by the declaring fund manager for the fund which has overarching control of the investment.

For further information on state and territory nominations visit:

https://www.homeaffairs.gov.au/trav/work/skil#tab-content-2

So if you or anyone you know is thinking of applying for an Australian Business Visa or an Investment visa TRUST ONLY a Master Migration Lawyer and make an appointment with

AR LAW Services: 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 Updates on Business Innovation Visas and Investment Visas appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

As reported by SBS.

The Professional Standards and Integrity Section of the Migration Agents Registration Authorityhas barred Jasdeep Singh Chug in a decision delivered on March 20.

An investigation was initiated against Mr Chug after a former client complained against him in November 2016.

The former client, identified as DK, accused the former MARA agent of receiving $43,500 for facilitating an employer nomination for the purpose of applying 457 visa and subsequently a permanent employer sponsored visa from a café restaurant owned by Mr Chug’s brother in law.

https://www.sbs.com.au/yourlanguage/punjabi/en/article/2018/03/28/migration-agent-barred-five-years-over-fraudulent-conduct

So if you or anyone you know is thinking of applying for an Australian Visa or Citizenship TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: 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 Migration agent barred for five years over fraudulent conduct appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Unregistered Migration Agent:  Eddie Kang was sentenced to 12 months in prison in March 2017 after he was convicted of 22 counts of fraud and misleading conduct involving 11 foreign students who paid his companies to secure 457 visas.

The jobs and the visas never eventuated, and the Korean-born businessman refused to refund the students’ money including payments worth tens of thousands of dollars.

One of Kang’s bail conditions states he must not “file any visa applications using a company of which he is sole director”.

An ABC investigation has uncovered evidence the convicted fraudster continues to take money off foreign students under the false promise he will secure them visas and sponsored employment.

http://www.abc.net.au/news2018-09-21/scam-artist-eddie-kang-ripping-off-vulnerable-students/10264686

So if you or anyone you know is thinking of applying for an Australian Visa or Citizenship TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: 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 Beware “Dodgy” unregistered Migration Agents. Don’t Risk Your Money – Your Visa – Your Future: Trust Only A Master Migration LAWYER appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

This woman’s partner visa – the application was for her aging husband of 20 years – was to be refused because he had very very poor health: he was a sick man; he was an old man.

Her migration agent, who had no experience in health waiver appeal matters and frankly no idea how to do his job kept sending ‘sad story’ letters to the department (DHA).  This incompetent migration agent (he called himself a “migration consultant”) was basically begging DHA to grant the visa.  It was an embarrassing and sad joke and completely ineffective – a waste of time.

So by the time she (the client) eventually came to AR LAW Services: Master Migration Lawyers, she was a wreck – deeply depressed and certain the visa application would fail.

But as I explained to her at the time and will say now: a visa application is a legal process it is not about “hoping” it is about the law and about understanding how the law (the Act, the regulations, the policy and the jurisprudence) works.

Her husband’s problem turned upon the fact he was very sick and old.  Consequently he failed the health test therefore prima facie he could not be granted the visa.

However there is a power in PIC 4007 – a discretionary power – that enables a very sick person to still, in certain circumstances, be granted a visa.

Once retain AR LAW Services went to work proving and convincing the department that although the visa applicant was indeed a very sick and old man, due to other mitigating circumstance, he should still be granted the visa.

And after a significant “fight” the department agreed and the visa was granted.

So if you or anyone you know has had a visa refused on HEALTH GROUNDS or has issues regarding PIC 4007, or how to argue a health waiver appeal 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 AR LAW Services wins another PIC 4007 Health Case! (Don’t risk your visa, your future, your money on a Migration Agent) appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

So International Students take note.  The Lecture will review the major changes to the Skilled Visa Program.  With particularly reference to the 189, 190 and 489 visas.

Additionally the discussion will review the sub class 485 visa.

The lecture will be held at the prestigious Law Institute of Victoria and will be delivered by the Principal Solicitor of AR LAW Services Mr Anthony Robinson. BA. LLB. GCLP. LLM, Master Migration Lawyer.

http://www.arlaw.com.au/melbourne-law-firm-ar-law-services/

If you have a dream to call Australia home and are currently studying in Australia this is a lecture you can not afford to miss.

To attend please register either at:

ar.soar@mail.com             or             arlaw@arlaw.com.au

Say I wish to attend the “Pathways” lecture.

Who should attend – International Students, Particularly Recent Graduates and New Zealand Citizens.

http://www.arlaw.com.au/uncategorized/never-been-a-better-time-for-kiwis-to-apply-for-pr/

http://www.arlaw.com.au/news/news-for-recent-graduates-what-you-need-to-know/

So make sure your register  either at:

ar.soar@mail.com       or             arlaw@arlaw.com.au

Say I wish to attend the “Pathways” lecture.   To avoid disappointment – Numbers are strictly limited.

If you can not attend but wish to explore your visa options 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

https://www.facebook.com/arsoarstudentservices/

https://www.facebook.com/ARLAW.Services/

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 Due to popular demand a second Free Lecture: Free Lecture – International Students – Pathways to “PR” Permanent Residency. Update on the Skilled Visa Program 189, 190 and 485 visas appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

One of the purposes of the tribunal is to “fast track” appeals and it has a particularly notorious reputation for efficiently affirming the original decision to refuse to grant refugee applications.

It was against this setting that Peter (not real name) and Kate (not real name) retain AR LAW Services to file an appeal.

Peter and Kate were Christian Converts from a Muslim country and fear persecution were they to return to their former country.

One of the problems facing the couple was unlike other Australian tribunals or Courts – particularly the AAT (Administrative Appeals Tribunal) the IAA do not have hearings (they do very rarely have interviews), consequently the AR LAW Services was limited to only making written submissions – and those submission were subject to further restraints.

Following several formal submissions justice prevailed and Peter and Kate were found by the IAA to indeed be refugees, consequently they were spared and not deported from Australia nor do they now live in fear but rather they can remain in Australia free to worship the god of their choosing and practice their religion safe in their new home Australia.

So if you or anyone you know has had a refugee visa refused or a visa cancelled or any immigration or Citizenship issue 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 AR LAW Services has 2 Big wins for boat arrival refugee cases at the IAA (Immigration Assessment Authority) 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 Court also concluded that PIC 4020 applies even where “a visa applicant provides a non-bogus document to a migration agent or other intermediary, and the migration agent or intermediary alters the document in a way which renders it a bogus document for the purposes of the legislative scheme, and then provides that bogus document to the Department acting on behalf of the visa applicant”.

That is the Court held here was that even where an applicant provides a set of supporting documents to an “intermediary” – whether a migration agent or other person – and then that intermediary alters the document to render it “bogus” within the meaning of the Act  – then PIC 4020 is nonetheless engaged.

The court also held that in circumstances where the applicant had given his application materials to his brother-in-law to submit to the migration agent, where the applicant did not himself have any “direct contact” with the agent, and where the applicant had acknowledged that he had “submitted” his application:  “it was reasonably open to the AAT to find that the (applicant) provided to the Department the documents in support of his visa application, including the bogus document”.

Consequently the court has held that PIC 4020 does in fact create a regime of absolute and strict liability, that is an applicant will be held accountable for every document that is submitted to the Department, even where an “intermediary” creates a bogus document and the applicant has had no role whatsoever in creating the bogus document or sending it to the Department.

So if you or anyone you know has had a visa refused or a visa cancelled due to PIC 4020 or “Bogus Documents” 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 Bogus Documents – PIC 4020: Fed Court says Strict, Absolutely! appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.