AR LAW Services had been retained by a family who were seeking protection, ie they were in the “system” having applied for a refugee visa.  The application was not going well. And having come to Australia originally as students almost a decade ago feared they would soon be “deported” and sent back to their home country.  A country that they fear were they to be returned they would face persecution.

So it was with this complex and “messy” application history that the family found their way to AR LAW Services: Master Migration Lawyers.

On review the file and instructions of the client I found that one of the children – a daughter – had be born in Australia and was almost ten years old. (There was the added complication that she had returned to the home land of her parents and some other issues).

The law in Australia is not like the old Roman law – Lex Romani – nor the Law of the United States – under Australian law, being born in Australia does not grant you automatic Australian Citizenship.   In fact legally a child born in Australia, to foreign national parents, is deemed to hold the same passport or nationality of the parents.

However AR LAW Services was able to reveal to the department that buried in the LAW – the statutes, regulations and case decisions – was the legal concept that said if you can show that a child born in Australia has a “connection” to the country and is the age of at least ten that child is in fact an Australian citizen.

So I put that case to DIBP and argued strenuously and won.

Consequently the little daughter of the refugee applicants got to stay in Australia NOT because she was a refugee but because she was in fact an Australian Citizen.

So if you or anyone you know is thinking of applying or currently has a refugee or Citizenship application pending talk to us

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 Cat skinning made easy. Citizenship grant for the daughter of Refugee applicant appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

This was in accordance with the Government’s aim to strengthen Australian citizenship by putting Australian values at the heart of the citizenship processes and requirements.

The Minister also said that membership of the Australian family is a privilege and should be granted to those who support its values, respect the laws and want to work hard by integrating and contributing to an even better Australia.

In line with the government requirement, the reform will ensure that the citizenship program is conducted in national interest. The reforms will include:

• •Requiring all applicants to pass a stand-alone English test, involving reading, writing, listening and speaking;
• •Requiring applicants to have lived in Australia as a permanent resident for at least four years (instead of one year at present);
• •Strengthening the citizenship test itself with new and more meaningful questions that assess an applicant’s understanding of — and commitment to — our shared values and responsibilities;
• •Requiring applicants to show the steps they have taken to integrate into and contribute to the Australian community. Examples would include evidence of employment, membership of community organisations and school enrolment for all eligible children.
• •Limiting the number of times an applicant can fail the citizenship test to three (at present there is no limit to the number of times an applicant can fail the test);
• •Introducing an automatic fail for applicants who cheat during the citizenship test.

The Minister pointed out that English language proficiency is essential for economic participation. The language proficiency promotes integration into the Australian community and social cohesion. Relevant exemptions will apply, such as for permanent or enduring incapacity and for those under 16 years of age.

Any conduct that is inconsistent with Australian values was considered part of the process. For example, criminal activity, including violence against women and children, involvement in gangs or organised crime, is thoroughly inconsistent with Australian values.

The new requirements will apply to all new applications for Australian citizenship.

Consequently if you or anyone you know is about to lodge a citizenship application or has had a citizenship application refused 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. (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 Harder to call Australia home! Changes to the Citizenship process appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Further occupations are available to applicants who meet additional requirements under the Supplementary Skilled List.

190/489 application system closing temporarily
The application system will be closed at 9am on 30 June 2016 and re-opened on 4 July 2016 (any time from 12pm).

Saved applications and applications submitted but no payment made
If you have a saved 190 or 489 state nomination application or an application submitted with no payment made, you will need to submit the application and make payment before 9am (South Australian time) on 30 June 2016.  Otherwise, the application will be deleted.

New applications can be submitted when the revised State Nominated Occupation List is published on 4 July.

ICT occupations – offshore applicants
From 4 July 2016, Immigration SA will require offshore applicants for ICT occupations that appear on the SNOL to have a minimum of 70 points (including state nomination points) on the Department of Immigration and Border Protection points test. This will apply to any occupation involving a skills assessment from the Australian Computer Society (ACS).

The 70 point requirement will be reviewed during July/August and the requirement may be reduced to 65 points and then 60 points depending on the number of applications received. Immigration SA will provide notice of seven (7) calendar days advising of any changes to the points required.

ICT occupations – working in South Australia / South Australian graduate
The 70 points requirement does not apply if you are:

• currently working in a skilled occupation in South Australia; or
• if you are applying under the international graduate of South Australia category.

In these cases, a minimum of 60 points is required (including state nomination points).

489 provisional visa
A small number of occupations appearing on the State Nominated Occupation List and Supplementary Skilled List will only be available for a 489 provisional visa. This will be displayed against the occupation on the relevant list from 4 July 2016. Applicants should ensure that they are aware of the work and residency requirements of this visa.

State nomination requirements
All applications submitted from 4 July 2016 must meet any new requirements published, including English and work experience requirements. For some occupations these requirements have increased

If you or anyone you know is about to lodge a state sponsored visa or

has had a  visa refused or 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 News from South Australia New State Nominated Occupation List 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.