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Student Visa cancellation (working too many hours)

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Australian Student Visa Cancellation In this case our client originally came to Australia as a student but as a result of a delay on the part of Immigration, and falling ill, he was not able to complete his original course. He then applied for a further student visa which restricted his ability to work to twenty hours. Because of financial hardship our client found himself in a position in which he had to work more than the twenty hours allowed by law. Immigration became aware of this and cancelled his visa. Our involvement Our client appealed this decision and we represented him before...

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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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in Immigration Lawyers Sydney Blog

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 Fraud | Why Honesty Matters

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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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Partner visa issues – Partners with dubious “risk” factors

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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...

Student Visa cancellation (working too many hours)

Compassionate circumstances: illness of uncle

Spouse visa: stopping a deportation

Russell Crowe: Australian legend but not yet meeting Australian citizenship

Refugee Visa Applicants Get a Second Chance

New 457 Visa Rules Already Redundant

Partner Visa Fraud | Why Honesty Matters

Partner visa issues – Partners with dubious “risk” factors

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