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.

According to a report in the Brisbane Times the DIBP case officer’s letter informing Mr Bolvaran of the decision read, “You were invited to ask for revocation of the original decision and you made representations to the decision-maker about why the original decision should be revoked,”

“After consideration of your response, the decision-maker has decided to revoke the original decision to cancel your visa.

“S501CA(5) of the Migration Act provides that if the decision to cancel your visa is revoked the original decision is taken not to have been made.”

A person can seek revocation of the cancellation decision within strict timeframes, but needs to provide sufficient reasons as to why their visa should be reinstated. This is generally done by addressing Ministerial Direction 65

Mr Bolvaran who is now trying to arrange a new resident return visa from the Australian Embassy in Santiago told the newspaper that he could not believe the outcome.

“Until I’m there and past Immigration, Customs and Border Security, I won’t believe it” said Mr Bolvaran who lived for 41 years in Australia as a permanent resident thinking it was the same as having citizenship.

DIBP has cancelled over 1000 visas in the last year on character grounds pursuant to section 501, regardless of length of residence in Australia and level of absorption into the Australian community.

Bolvaran’s case has troubled the president of the Queensland Council of Civil Liberties, Julie Jansen who last month pointed out Bolvaran was “essentially Australian” and a product of Australian society. Ms Jansen said the case raised wider questions about the deportation of Australian-bred criminals.

If you or anyone you know has had a visa cancelled for bad character under s501 or if you are before the Administrative Appeals Tribunal (AAT) 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 see if you qualify for a free initial 30 Minute general information consultation at our Melbourne office.
For more go to www.arlaw.com.au

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 Revocation: A Ray of hope for the “sinners” with bad character – 501 visa cancellation. 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.

Under the new laws, the minister no longer looks at family ties or length of residency inter alia when making the cancellation decision. And as his statement shows his policy position is clear:

“My message to the minority of people who travel to Australia and violate community standards is that they should consider themselves on notice; we will continue to target you by cancelling your visa and will remove you from Australia as soon as possible.” Immigration Minister, Peter Dutton.

The question is it fair?  Can Australia in good conscience deport a person for all intents and purposes is an “Australian” merely because they have a string of minor offences that when added up reach a certain “trigger” amount – here 12 months.

Is it fair that a person who has lived in this country for all his life but for a few year – at the age when most are contemplating retirement after a life time of paying taxes and raising children: of building the Australian dream; he is facing removal from his country, his kith and kin. And yet this is happening at an ever increasing rate and looks like continuing based on the Ministers recent statements:

Speaking to the The Daily Telegraph, the minister said, “I don’t believe people think for a moment somebody who’s here as a guest in our country, who has murdered somebody or committed a sexual offence, that they should remain in our society. “We’ve made a record number of cancellations in ­recent months,’’ he said.

Mr Dutton said Australia remained a welcoming nation for foreign visitors but he made no apology for a zero-tolerance approach to criminals.

If you or anyone you know is subject to cancellation on character grounds or is applying for a visa or if you have had a  visa refused for FRAUD or any other reason 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 It may be “efficient” but is it just: the new character cancellation mode pursuant to s501 appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

Two rulings by Judge Street, who is from one of Australia’s most famous legal families, have been subject to appeals and in the Full Federal Court, which has criticized him, the ABC reported yesterday.

Applicants have presented statistics to show that migration decisions had virtually no chance of success within the six month period this year.  Of 254 rulings, the statistics showed that 252 appeals were rejected, ruling in favour of the immigration minister on nearly every case.

Judge Street has already been the subject of such criticism when two appeals against his decisions denying litigant procedural fairness were successful.

The Street family has produced three NSW chief justices, Judge Street’s father, Sir Laurence Street, served as chief justice between 1974 and 1988.

According to the ABC, Judge Streets appointment into the Federal Circuit Court judiciary attracted media attention when it was revealed that he faced possible bankruptcy and was in hundreds of thousands of dollars in debt.

The eight judges on the Federal Circuit Court in Sydney delivered 357 cases between them from January to June this year, while Judge Street delivered 286 cases himself, within the same period.

If you or anyone you know has had a visa refused or cancelled you should talk to AR LAW Services.

AR LAW Services: Masters of Migration & Visa Law is expert in all visa applications and visa appeals, whether it is an appeal to the AAT, the MRT, the RRT or Federal or High Court call AR LAW Services on 03 96140218 or email  info@arlaw.com.au to arrange a Free initial 30 Minute consultation at our Melbourne office to discuss you visa or visa appeal options.

See our web page for more  http://www.arlaw.com.au/australian-migration-visa-services/australian-visa-appeals/

The post Visa Appeals. Federal Court judge accused of bias 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.