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Christopher Levingston Blog

Australian Immigration Law blog

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Christopher Levingston

Christopher Levingston

Accredited Specialist Immigration Lawyer
Convenor of Migration Alliance Inc

Posted by on in General

In recent weeks I have noticed that the Invitation to a hearing at the AAT, apart from including details of the hearing date and time as well as the Member now appear, on a regular basis, to include an "Invitation to comment or respond".

The failure to respond to the "invitation to comment or respond" within the time frame specified, which may or may not be the date of the hearing,can lock your client out of a merits review at the AAT who, absent a reply can proceed to determine the Application "on the papers".

Previously it was the practice of the AAT to issue a standalone "Invitation to Comment or Respond" which very clearly set out what information was required and when.

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Posted by on in General

Here is a tip for the busy practitioner.

If you are doing a ministerial intervention request try to get the local Federal member involved.

If the press get on board....even better!

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Posted by on in General

I thought practitioners might be interested in the role of policy in respect of delays in the processing and finalisation of 890 applications.

This will be of particular assistance to Colleagues running matters at the AAT where the first instance 890 application was refused and in the intervening period the business has also collapsed and has ceased to trade.

The argument runs like this:

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Posted by on in General

For as long as I can remember MA has been agitating for the removal of the "overseas agent" as an authorised person on the form 956 along with a prohibition on non registered agents acting for applicants in matters before immigration.

Following representations made directly to the relevant Minister by Liana Allan for and on behalf of MA it looks like there is finally movement on this front.

Yesterday I received an email which states as follows: 

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Posted by on in General

I have just received some feedback from the first cohort of Capstone preparation trainees and the preliminary indications are that over 60 percent of my trainees have passed the written part of their exams.

(Parts A, B and C)

This is very good news and represents a substantial improvement on the 14 percent passmark being reported for the Capstone overall.

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