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Compassionate circumstances: illness of uncle

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Background Our client had originally come to Australia on a visitor’s visa with an entry permit for only one month. He came to visit his uncle who had been permanently injured in an industrial accident and who suffered from a number of medical complaints as a result. As the uncle’s health was deteriorating he needed assistance and support to live. Our client remained in the country living with his uncle, caring for him, but did not make an attempt to regularise his stay until three years later when he applied for a temporary entry permit. This application was refused by Immigration...

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Spouse visa: stopping a deportation

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Background This was a case in which our client had previously received poor advice from a migration agent. As a result of this poor advice our client had applied for a temporary spouse visa in the belief that she would be eligible for temporary residency within 6 months of the application being made. The application for a spouse visa was rejected by Immigration because at the time of her application the applicant had not held a substantive visa for more than 28 days and therefore did not satisfy one of the requirements for the grant of this visa. Immigration made a...

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Russell Crowe: Australian legend but not yet meeting Australian citizenship

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in Immigration Lawyers Sydney Blog

We fully support Russell Crowe’s quest for Australian citizenship. Russell has recently said that Australia is “the country I choose to live in” and expressed disappointment about his inability to get Australian citizenship (Sydney Morning Herald, 27 June). But, from our reading of the article, Russell might be looking at the matter only through the lens of being a New Zealand citizen. It might still take some time, but there is another way. This would depend in part on choices made by Russell. That is, for him to first become an Australian permanent resident (as distinct from the 444 visas automatically held by many Kiwis) and...

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Refugee Visa Applicants Get a Second Chance

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in Immigration Lawyers Sydney Blog

As a result of a dramatic recent court decision, refugee law has been turned upside down. Many unsuccessful asylum seekers in Australia will suddenly be able to get around the “rule against further refugee visa applications” (RAFRA). They will be able to try again. This has defeated the Immigration Minister’s apparent efforts to stop repeat applications. The case turned on the questions of, “What does it really mean to make a Protection visa application?” or “What really is a Protection visa application?” The point being, if you made a Protection visa application before, you were not allowed to make another one, unless you first obtained special...

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New 457 Visa Rules Already Redundant

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Partner Visa Cheating | The Importance of Being Honest

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in Immigration Lawyers Sydney Blog

Partner visas and welfare fraud Recently Immigration have announced a data-matching programme. It is to be used to target migration and social security fraud. The data-matching programme is expected to commence at some point in 2015. As part of the programme, Immigration will provide to the Department of Human Services (DHS) – Centrelink details about visa applicants and sponsors who lodged onshore partner visa applications in the years 2012-13 and 2013-14. In particular, Immigration and DHS will be looking to identify people who have declared themselves as ‘single’ to the DHS – Centrelink for the purposes of welfare payments, but who have also...

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Character deportation prevented: AAT

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in Immigration Lawyers Sydney Blog

Refugee Facing Deportation Our client, together with his family, was selected for resettlement in Australia on refugee Visa. At the time our client was aged 13. Our client experienced adjustment problems in Australia. He soon left school and left his family to live on the streets. In the resulting years our client was charged with a number of offences, to which he pleaded guilty. Immigration then ordered that our client be deported under section 200 of the Migration Act. This provision allowed any non-citizen who has been in Australia for less than 10 years and has been convicted of an offence...

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Partner visa issues – Partners with dubious “risk” factors

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in Immigration Lawyers Sydney Blog

These days in late 2013, when the Department looks at a partner visa application, they look at more than just the forms and documents you submit. They look at a range of other things about you. They think specific factors will help them to decide whether or not you are a ‘high risk’ applicant. They do not publish these factors. Many of the things they look at are reasonable, such as the immigration history of each of the applicant and the sponsor. Some partner visa issues however are a little more surprising. For example, the Department will take into account how...

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