Australian Immigration Daily News

It really is a “time-honoured” tradition for people who are “new migrants” to a Western country to support themselves by driving taxicabs. 

It is equally time-honoured for students to work their way through school by driving cabs, or doing other demanding, socially important jobs.

But is there a risk to one’s visa status from “working too much” or not keeping accurate records of the hours worked?

A recent decision of the Federal Circuit Court, Aziz v Minister for Immigration & Anor (2018) FCCA 952 illustrates that there are risks.  And it does show how important it can be to keep good records.

The Migration Agents Capstone Assessment has been released:

https://www.collaw.edu.au/migration 

The Migration Agents Capstone Assessment (the Capstone Assessment) is an independent competency-based assessment, offered by The College of Law Limited. The Capstone Assessment has been designed to assess candidate’s skills to meet the Occupational Competency Standards for Registered Migration Agents (RMAs).

How can you tell whether your client has been denied a fair hearing before the Administrative Appeals Tribunal?

For example, suppose, on the day before the hearing, the Minister’s lawyers “dump” a large volume of documents on you?

Or suppose that your clients is being questioned by the Tribunal, or cross-examined by a lawyer for the Minister. If your client is not advised by the Tribunal of her/his right to decline to answer because of the privilege  against self-incrimination, does that mean that your client has been denied a proper hearing, that jurisdictional error has occurred, and that the case needs to be sent back to the Tribunal for re-determination?

Every Migration Agent understands that the process of providing advice and assistance to potential migrants is complex, and the stakes can be high. Migration Agents are entrusted with having the right knowledge to deal with each person’s unique case, and clients expect flawless service at every point. When things go wrong, tensions can run high. Professional Indemnity insurance could be the key to protecting you and your reputation from a potentially large financial claim, and a prolonged period of stress.

First, let’s be clear about its purpose: Professional Indemnity insurance provides financial protection against potential losses arising out of acts, errors and omissions from professional services and advice provided, including:

• Negligence in providing professional services
• Breach of duty of care
• Allegations of misrepresentation or of creating a misleading impression
• Breach of statutory provisions in various laws
• Incorrect or inadequate advice
• Errors on Visa applications
• Late lodgement of documentation

So, we’re talking about liability for services and advice provided. Effectively, this means that if a client engages a registered Migration Agent to assist them navigate the complex world of visa applications and something goes wrong, or is even perceived to have gone awry, the business could be faced with a financial claim equivalent to the client’s losses, as well as additional compensation.

What is the appropriate relationship between the Department of Immigration and the criminal justice system?

Should the Department be able to effectively “override” a decision made by a magistrate to grant a criminal defendant bail by refusing a criminal justice stay visa, with the consequence that a non-citizen will be held in immigration detention pending determination of her or his criminal case?

What if the person is ultimately determined to be innocent of the charge?  Won’t he or she have been held in immigration detention improperly?