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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

It is always the small things that get you into trouble. 

One of our colleagues finds himself in trouble and is the subject of a caution for a period of 6 months.   We do not intend naming this agent nor posting the sanction from the OMARA website.  If an agent wishes to do this personally about themselves, then they can set themselves up as a blogger and write about it, as has occurred in the past. 

The details of the conduct of an RMA with a sanction are of course relevant to the OMARA‚Äôs decision, but the overall message that comes from this case is that it is always the small stuff that gets you into trouble. 

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Posted by on in General

All practitioners need to be aware of a recent requirement to document all instances of staff or client complaints:

Please access the attached form and implement immediately.

 

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Posted by on in General

Larney v Minister for Immigration & Anor [2018] FCCA 2707 is a recent decision of the Federal Court out of Western Australia.

www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0700

This was a case where the applicant for the visa asserted that he had no previous "relationships" and that the fact of there being 2 children as a result of those relationships did not mean that he had a "relationship"  (spouse or defacto) and on that basis PIC4020 was not enlivened.

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Posted by on in General

I do not know what is happening but perhaps there has been a rip in the space time continuum.

An unbelievable number of enquiries from both practitioners and individual applicants who seem infected by a virus which sees them lodge an application onshore, get a BVA but then travel and get stuck offshore.

One of my clients who had a complex and at that stage unresolved application for review, rang me on after Christmas and said, "They wont let me board my flight".

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Posted by on in General

A recent decision of the Full Federal Court will be of interest to practitioners

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2019/2019fcafc0079

Minister for Home Affairs v G [2019] FCAFC 79 by reason of its discussion of the role of the ACI's  (Australian Citizenship Instructions)

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