asylum-seeker-news

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    REFUGEE | ASYLUM SEEKER | PROTECTION VISAS

    Visa Applications

    • Permanent and provisional business skills visas
    • Fiancé , spouse, partner, de facto, same sex 
    • Employer Nomination Scheme visas
    • Regional Sponsored Migration Scheme and Subclass 457 visas
    • Skilled visas
    • Work visas
    • Family, children, adoption and parent reunification visas
    • Resident return if you previously held citizenship or permanent residency
    • Refugee and humanitarian visas
    • Retirement Visas 

    Visa Cancellations/ Unlawful Residence Status

    Each year we see many people who are in Australia but who do not hold a valid Australian visa. Either they have overstayed their visa or had their existing visa cancelled. We can advise on prospects of becoming unlawful. As we are lawyers and migration agents information given to us is protected by client professional privilege.

    Visa Condition Breaches

    We can assist to provide detailed replies to a notice of intention to consider cancellation issued for the following reasons:

    • Breaching a visa condition (Section 116);
    • Ceasing employment with a sponsor (Section 116);
    • Where grounds no longer exist for the holding of a visa (Section 116)
    • Providing incorrect information (Section 109);
    • Business visa holders failing to abide by the conditions of their visa (Section 137);
    • Consequential cancellations (Section 140);
    • Failing to pass the character test (Section 501).

    Visa Application Refusals and Appeals to the Administrative Appeals Tribunal or Federal/High Court

    The Department of Immigration and Border Protection cancels or refuses numerous visas and visa applications. We prepare and conduct appeals to the:

    • Administrative Appeals Tribunal
    • Federal Courts
    • Minister of Immigration and Border Protection to intervene if it is in the public interest to do so.

    Please contact us to arrange for an initial assessment of your situation.

    CALL ROTHSTEIN LAWYERS TODAY

    Disclaimer: Information you obtain at this site is general information only and is not legal or migration advice. It does not purport to be comprehensive and is not a substitute for legal advice that evaluates your individual circumstances. Please contact us for advice.

    Notice: The contents of this site are copyright. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. All photographs contained on this site are either taken by the site owner or stock photos purchased from istockphoto.com or thinkstockphotos.com.au and used under the relevant license.

    Migration Registration Numbers: 9800297 & 1460731

    High Court Finds Offshore Processing Legally Valid

    A case was brought to the High Court of Australia to test whether offshore detention and processing is allowable under the Australian Commonwealth Constitution. The High Court decided on, 3 February 2016, that there is no constitutional reason why offshore processing should not be allowed.

    This means that anyone who may be brought from offshore to the Australian mainland for medical treatment (being one example) can be legally returned to offshore detention centres such as Nauru. This is consistent with the view that the Australian Government has the choice about where to detain a person if they are an unlawful non-citizen – that is they do not have a valid visa. The High Court found that due to lawful arrangements made between the Australian Government and Nauru, it is open to the Government to transfer non-citizens to Nauru to be held there whilst their visa claims are processed.

    Article Updated August 2016

    Possible Pathway for certain Asylum Seekers to Australian Permanent Residency

    In December 2014 the Australian Government passed the Migration and Maritime Powers Legislation Amendment (resolving the Asylum Seeker Caseload) Act 2014 ("The Asylum Seeker Caseload Act"). One of the options may be to lead to Australian permanent residence visas for asylum seekers.

    The Asylum Seeker Caseload Act directly affects persons who arrived in Australia by boat without a valid visa (asylum seekers or "irregular maritime arrivals") between 13 August 2012 and 31 December 2013.

    Under the Asylum Seeker Caseload Act, these asylum seekers will need to wait to be invited by the Minister for Immigration and Border Protection to make an application for either a Temporary Protection Visa (which if granted is valid for 3 years) or a Safe Haven Enterprise Visa (which if granted is valid for 5 years). The Australian Government intends to "fast track" such applications.

    Safe Haven Enterprise Visa holders who have worked in regional Australia without access to income support for 3.5 years would be eligible to apply for other visas (Such as Partner, Skilled or Student Visas) if they satisfy the relevant criteria for those visas. Therefore, the visa has the potential to (eventually) provide permanent residency.

    These asylum seekers cannot apply for Australian Permanent Protection Visas.

    When asylum seekers receive an invitation they must act quickly to lodge their application. It is most important that the application be a complete application. This means that even before an asylum seeker is invited that asylum seeker should commence preparation of the application ready for lodgement. If the application under the Asylum Legacy Caseload Act is not successful than that applicant MAY be referred by the Australian Department of Immigration and Border Protection to the Immigration Assessment Authority for appeal.  

    If not referred to the Immigration Assessment Authority there may still be avenues available to appeal to the appropriate Federal Court. Each case depends on its own facts.

    Except in limited circumstances, the Immigration Assessment Authority will only consider the information that was presented by the asylum seeker to the Department of Immigration and Border Protection. That is another reason to make sure the application is as complete as possible. The Department of Immigration and Border Protection is currently inviting asylum seekers who arrived between 14 November 2012 and 30 April 2013 to apply. Do not delay when an invitation is received.

    Article uploaded 6 October 2015

    SPECIALISING IN COMPLEX MIGRATION, CITIZENSHIP APPLICATIONS & APPEALS

    Contact us on +61 08 9228 0300

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