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Christopher Levingston Blog

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Christopher Levingston

Christopher Levingston

Accredited Specialist Immigration Lawyer
Convenor of Migration Alliance Inc

Posted by on in General

Regional Director of the DIBP sets the tone for future dealings with RMAs

Please find a link to the communication received by the Convenor of Migration Alliance late yesterday from the DIBP:

MJJ-let-to-MA.pdf 

Please find a copy of the reply from Migration Alliance. 

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Posted by on in General

UPDATE: Unfortunately the Cap and Cease matter has been dropped as there was not enough interest.

Latest news:  Today's radio interview on ABC

Following the pre-emptive Cap and Cease strike by the Assistant Minister and the complete lack of consultation, proceedings have been commenced in the High Court challenging the legal basis of the cease and cap.

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Posted by on in General

In response to a large number of enquiries from RMAs about whether to complete the OMARA's 'Self-Audit' survey, my answer is a firm 'NO'.  Do not complete the survey.

In their response to the enquiry from the Convenor of Migration Alliance, Liana Allan, concerning the OMARA 'Self-Audit' survey, the OMARA has said that it is 'greatly encouraged by the professionalism and integrity of those agents that have participated so far'.

This reply mirrors the emails sent out to those agents who have not completed the survey and clearly seeks to imply that in failing to complete the survey, the relevant agent is neither professional nor a person of integrity.

Clearly this is an attempt by the OMARA to intimidate members of the profession by persistently importuning them to do something which has no legal basis.

For the sake of clarity there is no doubt that the OMARA is charged generally with 'monitoring'.  That is not to say that there is a power to monitor. 

The OMARA asserts that the 'authority' is said to lie in section 316.  This is not the case.  Section 316 (1) deals with the functions, not the 'authority'.   The power to require a person to answer questions or provide documents lies elsewhere in the Act.

To assert otherwise and to assert some 'Authority' to ask migration agents to answer questions, by resort to Section 316, constitutes, at best, function creep by the OMARA.

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Posted by on in General

Apparently the Fuhrer is furious about Operation Fortitude. 

#OperationFortitude:  TRENDING WORLDWIDE

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Posted by on in Skilled Migration

I have commissioned an advice from Senior Counsel and have now been tasked with finding the perfect Group 5 candidate for foreshadowed legal action.

I am requesting that the word go out for a candidate who is as close to perfect as against the following:

1.  The candidate applied more than 5 years ago.

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