Australian Immigration Daily News

Who is a “dependent child” within the meaning of the Migration Regulations?

This might seem to be a somewhat “obscure” or “arcane” question.

But it is an important one for parents who are seeking to get a “child” visa (Subclass 802) for an “adult child”- one who has turned 18.

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?