The applicant – a young Australian man who suffers a significant intellectual disability. – had tried on numerous occasions to secure a partner visa for his young wife. The applications – despite being lodged by a well known migration law firm – were consistently refused by DIAC on the grounds that his intellectual disability robbed him of the capacity to understand concepts like “love” “marriage” and consequently DIAC believed he lacked the ability to “sponsor” his wife were she to come to Australia.

The post Big win for fairness at the Administrative Appeals Tribunal (AAT). Another AR LAW Services feel good partner visa story. 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.

In contrast to Trivedi, where it was alleged that a fraud had been carried out by an IELTS agent without the applicant’s knowledge, that in this case the fraud had been perpetrated directly against the visa applicant, and that the visa applicant was himself a victim of the fraud; that the applicant had not authorized the “migration agent” to arrange for an imposter to sit the IELTS exam and to falsely attribute the results achieved by the imposter to the visa applicant; and that the “migration agent” had completely deceived the visa applicant, and that the applicant had no “hint” that there had been any fraud on the part of the “agent”.

The Federal Court (Judge Griffiths) held that under Trivedi, it is not “material” whether the visa applicant knows about fraudulent conduct on the part of an “agent”. Therefore, even if an applicant is completely unaware that a bogus document has been submitted to the Department on her/his behalf, and finds him/herself completely “shocked and surprised” when notified by the Department that a bogus document has been submitted in support of her/his application, the applicant will nonetheless suffer refusal under PIC 4020.

So the moral of the story is DO NOT risk your money, your visa or your future with a migration agent. (see the Kendal report for more  http://www.arlaw.com.au/legal-resources/ )

If you or anyone you know has had a visa refused or an AAT Appeal rejected particularly a due to 4020 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 for general information 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 Migration Agent’s Fraud destroys another visa applicant’s case: Innocence no defense to4020 appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Justice Logan, sitting in Brisbane, overturned (or “quashed”) a personal decision of the Assistant Minister for Immigration to cancel the visa of Mr Eden, an Iranian-born New Zealand citizen who had been living in Australia for many years.

Although Mr Eden had committed an offence in 2009, for which he was sentenced to 12 months imprisonment suspended for two years, the Minister only got around to cancelling his visa this year. Mr Eden only found out when Immigration Department officers turned up at his house in the early hours of the morning to take him into detention, and was only given the written decision the following day.

Because of the delay, a failure to consider the objective seriousness of Mr Eden’s offending, and the way in which the Minister conveyed her decision, Justice Logan was satisfied that the decision was unreasonable and therefore unlawful. The Court accordingly overturned Mr Eden’s visa cancellation and ordered that he be released from immigration detention forthwith.

If you or any one you know has had their visa cancelled call AR LAW Services: Master Immigration Lawyers on 03 9614 02 18 or email   info@arlaw.com.au to arrange an initial free 30 minute consultation in our Melbourne office to discuss your options

The post Visa cancellation: Eden’s case – Unreasonableness defence. Character issues. Criminal conviction of 12 months appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.