Australian Immigration Daily News

Is there really any point in checking the case law before answering a client’s question? 

Well, to borrow the famous expression from former US vice-presidential candidate and reality TV star Sarah Palin: “You betcha!” 

Yep, I know that my fellow RMAs out there in the reading audience would heartily agree with this: sometimes, hard though it may be to believe (just kidding!) the meaning and likely application of the Migration Act and the Regulations isn’t clear! 

Imagine that you are your desk one day.  The phone rings, and the person on the other end of the line says: 

“Hello! Can you help me? I’m here in Australia on a 457 visa. I was working a second job to support my family back in India. I didn’t realize I couldn’t do that! The Department has cancelled my visa!! Is there anything you can do for me?” 

The good news, to paraphrase the slogan from President Obama’s campaign in 2008, is “Yes you can!” Or, if you prefer the other end of the political spectrum in America, as former Vice –Presidential candidate and reality TV star Sarah Palin would say: “You betcha!”. 

DAY 1 of a MULTI DAY SERIES

Two Fridays ago I was privileged to run LTA’s first “Reliable and Profitable Marketing for Migration Agents” seminar in Sydney. It was a fascinating training session. We explored what marketing means as opposed to advertising, creating your own marketing plan, defining your marketing niche and succeeding with joint ventures and 3 key areas of business growth:

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.

Toward the end of last year, in December 2014, the Federal Circuit Court (per Judge Nicholls) handed down an important decision concerning the scope of the MRT’s jurisdiction to review decisions of the Department concerning applications for 457 visas.  The Court’s judgment was delivered in the case of Minister for Immigration v Lee & Ors (2014) FCCA 2881 (10 December 2014) and can be reviewed at the following link:

http://www.austlii.edu.au/au/cases/cth/FCCA/2014/2881.html

It is essential that all RMAs consider the implications of this decision when advising their clients whether to proceed with an appeal in the MRT against the refusal of a 457 application.