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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

Do considerations of lifestyle matter when it comes to assessing whether an applicant for a student visa satisfies the “genuine temporary entrant “ criterion?

For example, does it matter if a student has been living in Canberra, and commuting to Sydney once a week to attend classes?

This question was examined in a decision that was handed down on 30 June 2017 by Judge Smith of the Federal Circuit Court in Raza v Minister for Immigration & Anor (2017) FCCA 1272 (30 June 2017).

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Details of the new pathway to Australian permanent residency for New Zealand citizens, which was originally announced by the Australian Government on 19 February 2016, are now available!

Amendments to Schedule 2 of the Migration Regulations 1994 and a new legislative instrument (IMMI 17/035) came into force on 1 July 2017 in order to introduce this pathway.

Here is the story:

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Posted by on in General

Hi everyone,

I am writing to extend an invitation to Registered Migration Agents to attend upcoming "Migration Wine and Cheese" events to be held at the offices that I share with VisaCorp (Liana Allan's migration practice) and Migration Alliance, located at Level 3, 276 Pitt Street. 

The events will include a short presentation by me on a current topic (or topics!) on migration law coming out of the Federal courts that will be meaningful for your work, and then an opportunity to share current issues/problems with other RMAs.

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What can you do if you have a client who has unexpectedly become unwell shortly before a hearing at the Administrative Appeals Tribunal?

What kind of documentation do you need to provide to the Tribunal in support of a request for an adjournment?

Or to put it alternatively, what kind of documentation should you file to preserve your client’s rights if the Tribunal refuses to grant an adjournment, decides the case against your client, and your client wants to take the case to the Federal Circuit Court to argue that the Tribunal’s refusal to grant the adjournment amounted to “jurisdictional error”?

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The Migration Amendment (Regulation of Migration Agents) Bill 2017, that was introduced in the House of Representatives on 21 June 2017, includes amended provisions concerning the requirements for registration as a new migration agent.

These amendments are evidently intended to facilitate the recommendations in the Kendall Report that was released on 24 September 2014 concerning educational requirements for migration agents.

The Kendall Report recommended that the previous requirement that “non-lawyer” migration agents entering the profession be required to complete a Graduate Certificate in Migration Law and Practice (a 6-month course) with a new requirement that new applicants for registration be required to complete a Graduate Diploma in Migration Law and Practice (a 12-month course).

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