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AR LAW Services: Masters of Migration & Visa Law MARN 0003574

Locality: Melbourne, Victoria, Australia

Phone: +61 3 9614 0218



Address: Level 5/1 Elizabeth Street 3000 Melbourne, VIC, Australia

Website: http://www.arlaw.com.au

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25.01.2022 Hey MIA (Sydney base migration agents' lobby group) it is not personal - it is just business: strictly business! VISA is not Anti Migration Agents; VISA is pro Refugees & Migrants' rights and the rule of law. Despite how often we tell the Sydney based MIA they just don't get it: they take this "turf war" very personally. They care too much about their fat profits and bottom-line at the expense of the development of a better and fairer Migration Law Advice Industry. for the ...full story: https://www.linkedin.com//visa-anti-migration-agents-pro-r



25.01.2022 The Pandemic, Visa holders & Australias Future! I couldnt think of a single area of migration that is not affected by COVID-19 in Australia. Professor Boucher Following my post of yesterday here are a few additional thoughts, stats and figures to reflect upon. As I write this I am conscious that right now everyone is focused (and rightly so) on how this pandemic impacts on their life rather than on the somewhat rarefied perhaps what some may consider abstract issues ...of a post corona Australia. What I would say is the issues currently facing temporary visa holders international students and temporary workers (457/482 visa holders) particularly have a real and immediate impact not only for them but for Australia as a whole. The actions of the Government will undoubtedly be reverberated throughout Australias coming years economically and culturally. As I stated yesterday: International education contributed $37.6 billion to the economy in the last financial year and supported 240,000 jobs, according to Government figures. Acting Immigration Minister Alan Tudge said there was an expectation international students could support themselves in the first year. Those who have been in Australia for more than 12 months will be able to access their superannuation. According to the Department of Home Affairs website, international students need to have enough money to pay for 12 months of living costs for them and any family members who travel with them to Australia. The Department estimated that to be $21,041 per head (student or their guardian). https://www.arlaw.com.au//the-pandemic-visa-holders-austr/

25.01.2022 What to do when your visa is refused due to poor health- AAT & PIC 4007 As readers of this post will note I regularly appear at the Administrative Appeals Tribunal (AAT) and Federal Court. Much of that work has to do with Health or Character cases: PIC 4007 or 4020 Bogus documents or Cancellation or Refusal pursuant to s501 or s116. This case is to do with a Health waiver appeal that is PIC 4007 and similar to the last post it is to do with HIV. However unlike the last post ...Continue reading

24.01.2022 Dodgy Migration Agent allegedly drugged and raped clients. Dont Risk your Visa, your Future, your Money: Trust only an Immigration Lawyer. As reported by the AGE: Police identify 11 alleged victims in case of migration agent accused of rape.... Police have identified 11 additonal victims of a Melbourne migration agent accused of drugging, raping and filming women across the state over seven years. Frank Hu, 34, who ran a string of migration and travel agencies under the name Lakenest Group, allegedly lured many of his victims to his CBD office under the pretense of a job interview. He was initially charged with 13 counts of rape relating to one victim. https://www.arlaw.com.au//dodgy-migration-agent-allegedly/



24.01.2022 Novel corona virus and Australian visas Stay safe in Australia: ways to extend your current VISA, ask us. As is apparent by the press release of the Australia Government through the department of Home Affairs https://immi.homeaffairs.gov.au/news-media/archive/article Novel corona virus the Corona virus is a particularly dangerous issue.... It is not surprising that my law firm has been flooded with calls from concerned clients and their family members regarding how they can protect themselves and the ones they love. In this post I will speak about the threat and the Departments response and will reach out to people on short term Australia Visas wishing to remain safely and legally in Australia while the virus is raging overseas. (You may also be interested to know I am currently running a version of argument at the AAT) For those of you who dont know me or my firm please read this review as can be seen I am an Australian Immigration Lawyer with over 20 years experience in fighting and winning difficult migration cases many to do with health matters and finding innovative interpretations of the Australian Visa law. Click here for more https://www.arlaw.com.au//novel-corona-virus-and-australi/

24.01.2022 Conflict of Interest -soft power. How a Sydney based migration agents' lobby group seeks to control the Victorian Law Institute's Migration Committee Those of you who have been reading my "posts" - missives - for a while will know that I have been at war with the MIA. (For those who don't know the MIA is a Sydney based migration agents' lobby group whose public position is anti Immigration Solicitors and an impediment to a fairer and more just Australia Migration System for ...Continue reading

24.01.2022 Coronavirus if worse comes to worst Are you prepared? The only thing sadder then dying, is dying without a valid Will It is an uncomfortable and unpleasant subject, but an important one and given the current Coronavirus pandemic, it is a subject that is on everyones minds. Death. It happens to the all of us. What happens to your belongings? How do I protect my wishes after I am gone? How do I make sure my stuff goes to my loved ones?... That is where AR LAW Services may through our special Basic Budget Will plan- be able to help This is a fixed price service we have offered our existing clients, but recently we have been approached by many people due to the threat of the current pandemic. Consequently AR LAW Services is offering our Budget Basic Wills plan to all who qualify. This a fixed price service. See if you qualify book an initial 30 minute consultation for a fee of $220 and if you qualify AR LAW Services will draft and settle a Budget Basic Will for $660. https://www.arlaw.com.au/legal-ser/wills-melbourne-lawyers/



24.01.2022 The Robinson lads: ANZACS in Egypt the road to Gallipoli My Grandfather Thomas (Tom) Robinson the dapper one with spectacles and his two brothers Wilfred (Wilf) and James (Jim) before the war. And then as members of the light horse in Egypt before the ANZAC landing of Gallipoli. https://www.arlaw.com.au//the-robinson-lads-anzacs-in-egy/

22.01.2022 General Skilled Migration Cut off 95 Points! Department of Home Affairs website shows the minimum points cut off for 189 General Skilled Migration and 491 (Family Sponsored Migration) stands at 95 points with a total of just 100 invitations issued for both programmes. https://www.arlaw.com.au//general-skilled-migration-cut-o/

22.01.2022 Citizenship Update in a time of Covid-19 Coronavirus has change the world! This is a trite statement but I keep running into examples that make me pause and morn so many things we took for granted. I client of mine has just been awarded their Australian citizenship. The ceremony is usually a moment of great joy and celebration and it is still -but the new pandemic procedure has robbed the event of some of it sense of occasion.... Instead of putting on your glad rags and getting all dolled-up for a big day out with your mates and the family now you get: https://www.arlaw.com.au//citizenship-update-in-a-time-of/

22.01.2022 Ticket to ride can I leave Australia?: The how and why of travel during the time of Covid 19. Australian Migration Department has granted 3,000 exemptions to overseas travel ban Despite approving 2,937 requests for overseas travel, over 1,000 applications have been denied in the first six weeks of the ban. The coronavirus pandemic has prompted the Australian government to introduce strict restrictions on travel both to and from the country. Many other countries around the w...orld have also halted international travel despite the World Health Organisations advice that such measures are largely ineffective in slowing the spread of diseases. As the law currently stands, Australians can only leave Australia during COVID-19 if they qualify for an exemption from the ban. Speaking of travel authorisations more broadly, Border Force Commissioner Michael Outram told a Senate hearing on the coronavirus this month that in some of the welfare or humanitarian cases, its kind of heartbreaking in a way (but) I have to balance the advice to protect our country and community from COVID-19. For more https://www.arlaw.com.au//ticket-to-ride-can-i-leave-aust/

22.01.2022 Join the Victorian Immigration Solicitors' Alliance: VISA to enjoy these unbeatable "accelerate" deals from our Corporate Partner: Virgin Australia. VISA members, for a limited time, can enjoy Economy fares to Cairns for as little as $89 one way! (terms apply) Best known as the gateway to the Great Barrier Reef, Cairns is the perfect launch point for a holiday by the sea but that doesn’t mean land-lovers should steer clear. Delve beneath the Tropical North’s beach-centric r...eputation and you’ll discover world-class shopping and dining, dense rainforests and rugged national parks all just a stone’s throw from the city centre. Fly Melbourne to Cairns (Economy fares one way) only $109 (Must book by 21 December 2020 and must travel 01FEB21-25MAR21) https://visaimmigrationlawyer.com.au/ See more



21.01.2022 Genuineness of the position associated with a nominated occupation Important Federal Circuit Court Decision. A sponsoring company that lodged the nomination application with the job/title of the nominated position as a Restaurant Manager and the corresponding occupation in the Australia and New Zealand Standard Classification of Occupations was Café or Restaurant Manager. The Department refused the nomination application saying it was not satisfied that the position was... genuine, as required by Regulation 2.72(10)(f) of the Migration Regulations. The AAT upheld the refusal of the nomination. The matter was appealed to the Federal Circuit Court and Judge Kemp found that the Tribunals analysis in this case was affected by jurisdictional error. He concluded that the Tribunal had fallen into error by failing to evaluate the duties of the position as put forward by the applicant against the ANZSCO description of the occupation. Instead, what had occurred was that the Tribunal made findings that the duties that were being performed by the nominee were those of a managing director (which was not the occupation that was identified in the nomination application) and that the duties undertaken by the nominee were not those that were performed in the business by a person employed as a restaurant manager. The Court found that the AATs analysis was limited to stating simply that the nominated occupation was that of a café or restaurant manager, and noting the relevant ANZSCO code for this occupation. Held, that this plainly cursory and shallow analysis by the Tribunal did not go anywhere near as far enough to properly consider the matter and referring to other decisions of the Full Court Judge Kemp stated that in carrying out a review, the Tribunal is obligated to give the issues genuine, proper and realistic consideration, and that it must engage in an active intellectual process. So if you or anyone you know has had a visa or the associated Nomination refused on genuineness grounds, that is, the belief that the POSITION is NOT Genuine make an appointment with a Master Migration Lawyer. Book a Consultation Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office. (conditions apply) For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

21.01.2022 Refugee & Citizenship: Cat skinning made easy! Citizenship grant for the daughter of Refugee applicant There is an old English saying more than one way to skin a cat which means, if you look hard enough you will often find an alternative way to solve a problem. This saying is particularly relevant to a recent case I won. AR LAW Services had been retained by a family who were seeking protection, ie they were in the system having applied for a refugee visa. The applicatio...n was not going well. And having come to Australia originally as students almost a decade ago feared they would soon be deported and sent back to their home country. A country that they fear were they to be returned they would face persecution. So it was with this complex and messy application history that the family found their way to AR LAW Services: Master Migration Lawyers. On review the file and instructions of the client I found that one of the children a daughter had be born in Australia and was almost ten years old. (There was the added complication that she had returned to the home land of her parents and some other issues). The law in Australia is not like the old Roman law Lex Romani nor the Law of the United States under Australian law, being born in Australia does not grant you automatic Australian Citizenship. In fact legally a child born in Australia, to foreign national parents, is deemed to hold the same passport or nationality of the parents. For More: https://www.arlaw.com.au//refugee-citizenship-cat-skinnin/

21.01.2022 Hey MIA (Sydney base migration agents lobby group) it is not personal - it is just business: strictly business! VISA is not Anti Migration Agents; VISA is pro Refugees & Migrants rights and the rule of law. Despite how often we tell the Sydney based MIA they just dont get it: they take this "turf war" very personally. They care too much about their fat profits and bottom-line at the expense of the development of a better and fairer Migration Law Advice Industry. for the ...full story: https://www.linkedin.com//visa-anti-migration-agents-pro-r

21.01.2022 Why should you join the Victorian Immigration Solicitors Alliance: VISA Join the fight against corruption! Join the Fight to help protect refugee & Migrants rights!... Join the fight and stamp out dodgy migration agents! The Sydney migration agents lobby group the (MIA) has shown no interest in cleaning up the industry it professes to be the "peak body" for so it is time for a change: Join VISA to promote integrity in the migration advice industry and the respect for the rule of law. Join VISA to advance education through FREE & discount quality CPDs in a wide range of law subjects! Join VISA to protect the rights of refugees & Migrants. (applications open soon) (To read more) https://lnkd.in/grf_qQu

21.01.2022 Modern Slavery in Australia: Slavery and enforced servitude has not been relegated to antiquity - it is with us now and must be addressed. - Join the Victorian Immigration Solicitors' Alliance: VISA, Migration Alliance (MA) and the Law Council of Australia (LCA) to fight this scourge! Click here for more:... https://www.linkedin.com//slavery-australia-anthony-robi/

20.01.2022 The only thing sadder then dying, is dying without a valid Will. Given we are all mortal and therefore will all one day die: and given that the laws in Australia are such that unless you have a valid will your assets, belongings and stuff may not go to the people you want them to go to, consequently it is very important that you have a valid will drafted or made. Many of our clients have had a long relationship with AR LAW Services, some for about 20 years, and in that tim...e they have worked hard and acquired assets maybe a house or two or a car or a boat or a business. And more importantly maybe a family a partner and perhaps kids. That is why over the years AR LAW Services has built up great expertise in drafting wills. Right now AR LAW Services is offering a special budget basic will deal for the fix price of $660 (gst included). So if you or someone you know is thinking of getting a will prepared talk to us. Book an Appointment Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office. (conditions apply) For more go to www.arlaw.com.au

20.01.2022 AR LAW Services win at the AAT for the family of Tiananmen Square Hero Over the last quarter of a century or so that I have been helping people win the right to live in and call Australia home there have been several major cases that I believe to be special, historic and important and feel I was privileged to have been a part of them and of history: to be given a chance to fight the good fight to make a difference. This is one such case. As a young man I was inspired by t...he bravery and humanity of those students who stood up to oppression in 1989. Their protest came to be symbolized by the Tiananmen Square incident. For you who dont know: In the 1980s, China was going through huge changes. The ruling Communist Party began to allow some private companies and foreign investment. Leader Deng Xiaoping hoped to boost the economy and raise living standards. However, the move brought with it corruption, while at the same time raising hopes for greater political openness. The Communist Party was divided between those urging more rapid change and hardliners wanting to maintain strict state control. In the mid-1980s student-led protests started. Those taking part included people who had lived abroad and been exposed to new ideas and higher standards of living. In Spring 1989, the protests grew, with demands for greater political freedom. Protesters were spurred on by the death of a leading politician, Hu Yaobang, who had overseen some of the economic and political changes. (For more click https://www.arlaw.com.au//ar-law-services-win-at-the-aat-/ )

20.01.2022 Some of you may have read my post about how the Sydney based migration agents lobby group the MIA were advertising on the legal platforms controlled by the Law Institute of Victoria. (This should be understood or scene in the setting of an ongoing "turf" war between Lawyers and the MIA) However the CEO of the Law Institute of Victoria has just written to me confirming the MIA adds will be removed and such adds will not be permitted in the future.... So a victory for goodness and niceness! And remember applications for Membership to the Victorian Immigration Solicitors Alliance: VISA will open (hopefully) shortly

20.01.2022 Good News for those who miss "dead -lines". What to do when filing LATE at the AAT visa appeal. Important Federal Court Case. Before the Full Court of FCA it was held that in DFQ17 and BMY18, in order for a notification of visa refusal under s 66(2)(d) to be valid, it had to clearly state the deadline for applying for merits review. As a result, the late AAT applications in those cases were actually not late. However in Ali, DFQ17 was distinguished, holding that the n...otification in that case clearly stated the deadline for an AAT application. As the circumstances in Ali (i.e. email notification with deadline of 21 calendar days) reflect the vast majority of notifications sent by the Department, Ali had the practical effect of indicating that the error found in DFQ17 only applied to exceptional cases. Since the decision of Ali, another single judge of the FCA held, that Ali does not sit comfortably with DFQ17 & BMY18 and that the latter decisions should be followed. For more on the AAT appeal process see. https://www.arlaw.com.au//further-hope-for-out-of-time-ap/

20.01.2022 The Victorian Immigration Solicitors' Alliance: VISA. Members' Rewards - Corporate Partner Special - Big SAVINGS! Enjoy 30% off ... Legalwise CPDs Migration Law: The Latest Issues and Challenges, (18 November 2020) Work through the most important issues you’ll face in migration law right now including an update on critical skills for TSS visas, guidance on character and public interest criteria, appealing visa cancellations and best practice ethics. Join a panel of expert practitioners with this half-day programme and gain valuable insights so that you’re ready for any matter and square away your ethics point for the year. Expert Panel: Chaired by the one and only Ms Roz Germov. So attention all immigration lawyers and Migration professionals or those thinking of working in this field of law - join VISA to enjoy the Members Rewards and attend this stellar CPD event and Save 30% (for those who can count or at least have a friend with a calculator, a 30% discount of this one CPD seminar is almost 75% of VISA's annual membership fee) So do yourself a favor - Join VISA.

20.01.2022 Does Australia owe the cow anything? How should the Australian Government respond to the International Student question. In 2010 I, along with other members of the Law Institute of Victoria Migration Law Committee, was active in the debate concerning rights for International Students. The following year the Knight Review was released in September. It contained 41 detailed recommendations which centered on streamlined processing of visas for applicants in the university secto...r and post-study work rights for university graduates. Since 2011 there have been several key changes to the overseas student program, largely focused on the university sector, as the Government has implemented the recommendations of the Knight Review. Many of Australias 570,000 international students face losing their casual jobs due to restrictions put in place to tackle COVID-19, with many also unable to return to their home country due to travel restrictions. International students bring approximately $39 billion per year into the economy, making it Australias fourth-largest industry. Hence international students have until recently been looked upon by Governments as a cash cow that just keeps giving. Now, in the shadow of this pandemic, the uncomfortable question that confronts the Australian Government is does it owe these people anything: a fiduciary duty or a helping hand? https://www.arlaw.com.au//does-australia-owe-the-cow-anyt/

20.01.2022 Does the new ASIO bill poses risks to Australians personal freedoms? The Victorian Immigration Solicitors' Alliance: VISA, share the concerns expressed by the president of the Law Council of Australia, Ms Pauline Wright with regard to the introduction of the Australian Security and Intelligence Act 1979 (Cth) (Asio Act) into the parliament this week. Click for the full story.... VISA. Victorian Immigration Solicitors' Alliance

20.01.2022 Help for Student & Temporary Work Visa Holders - AR LAW Services assistance for Temporary & Student Visa holders in this time of Pandemic Given the extraordinary disruption that the Corona virus has wrought upon the Australian migration and visa process, AR LAW SERVICES in conjunction with AR SOAR. Student Services Pty Ltd, will offer significant discounts in our professional fees as part of our Pro Bono Program.... https://www.arlaw.com.au//ar-law-services-assistance-for-/

19.01.2022 Another David and Goliath refugee case won by AR LAW Services at the AAT. In the 20 years or so that I have been an immigration lawyer todays win at the Administrative Appeals Tribunal (AAT) has to be up there with the best. [Not only a brilliant legal argument but also a really heart warming good fight. The sort that makes you very proud of the work we do here at AR LAW Services] About three years ago a woman approached me to seeking advice regarding an appeal for a sma...ll boy who she was sort of a mother to. She was a well spoken profession Australian Citizen and had seen many lawyers in the last few months among them some of Australias leading law firms, all had told her the case had little prospect of succeeding. The little child had arrived in Australia on a visa they got somehow when the child was about ones years old and ever since the department was trying to deport the child. An application for protection (a refugee visa) had later been filed. That application had been refused. An appeal to the AAT had then been filed. It is at this time I and AR LAW Services where approached. On review of the matter I discovered that the child belonged to a small group of indigenous tribal people that due to ethic and religious reasons were subject to persecution. The child an orphan was extremely traumatized due to the horrendous ordeals suffer in such a short life. So obviously we required a full psychological assessment. Additionally and simultaneously the Family Court was persuaded to award custody of the child to the woman sort of the childs mother. All of this was woven together and presented to the tribunal. After many submission and appearances at the AAT the Deputy Member agreed with me and we won. The little child who had faced a truly bleak future: despised cast-out and persecuted, had with one decision of the AAT been saved. The future now was indeed bright and bristled with the opportunities that a life in Australia held. So if you or anyone you know has had a visa refused or cancelled and have been told it is a hopeless or difficult case make an appointment with a Master Migration Lawyer. Book a Consultation Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office. (conditions apply) For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

17.01.2022 You wouldnt go to a Vet if you were sick: so why trust anyone else but a Master Migration Lawyer with your visa or migration law issues! Vets ( veterinarian ) animal medics: even the best vets in the world arent doctors, similarly migration agents as good as they maybe are NOT Migration Lawyers. In the light of the recent major change to the Australian Migration Law, (end of dual regulation of Immigration Lawyers by MARA) now more then ever it is important that if you or an...yone you know is thinking about applying for a visa or had a visa refused or cancelled; or if your business has had a nomination or sponsorship refused or cancelled; or if you are thinking of applying for Australian Citizenship; or if you are seeking protection trust only a Migration Lawyer. The Australian Law has recently changed and the new Law makes clear the distinction between migration agents and Migration Lawyers so dont be fooled Dont Risk Your Money, Your Visa or Your Future: Trust only a Master Migration Lawyer. For full story: https://www.arlaw.com.au//you-wouldnt-go-to-a-vet-if-you-/

17.01.2022 Don't Risk Your Visa, Your Money or Your Future Trust Only a Master Immigration Lawyer Although the Sydney based migration agents lobby group the MIA fought it "tooth and nail" and tried for more than 20 years to keep decent honest Australia Immigration Lawyers shacked to the yoke of MARA and dual regulation - it is over.... We have won the fight and liberty is at hand! As announce by the office of MARA today, the monstrosity that has facilitated the gross misleading of refugees & migrants is over. So too the end is at hand for one of the major impediments to a world class migration system. Migration Amendment (Regulation of Migration Agents) Act 2020 will come into effect on 22 March 2021, not only freeing Immigration Lawyers but also dismantling the MIA's business model. As many of you know I have been fighting the self interest of the MIA for many years. Their self interest has perverted each and every decision they have made in the last 5 years. Until the board is again made up of only Immigration Lawyers I would urge all who care for the rule of law and rights of Migrants & Refugees to join a group other than the MIA. With the change in the law: Now more than ever - Don't risk your money, your visa or your future - Trust only a Master Migration Lawyer..... Trust AR LAW SERVICES: Master Migration Lawyers!

16.01.2022 What to do when your visa is refused due to poor health? AAT & PIC 4007 As readers of this post will note I regularly appear at the Administrative Appeals Tribunal (AAT) and Federal Court. Much of that work has to do with Health or Character cases: PIC 4007 or 4020 Bogus documents or Cancellation or Refusal pursuant to s501 or s116. This case is to do with a Health waiver appeal that is PIC 4007 and similar to the last post it is to do with HIV. However unlike the last post ...Continue reading

14.01.2022 Help out with the Bush Fire recovery and extend your working holiday visa in Australia Working Holiday Visa change allows backpackers to contribute to bush-fire recovery as part of working holiday As reported by SBS, construction work in disaster zones will be added to the governments list of specified work, allowing working holidaymakers to contribute to the recovery effort as part of their visa eligibility.... The Australian Government says Backpackers will be encouraged to help fire-ravaged communities rebuild as part of their working holiday visa eligibility following changes announced by the Morrison government. Construction work in disaster zones, including land clearing, rebuilding fences and homes, and demolition, will now fall under the governments definition of specified work, which working holidaymakers have to complete if they wish to stay in Australia for a second or third year. To be eligible for a second year-long working holiday visa, backpackers must complete three months of work in a designated area of northern or regional Australia. For a third year, they must prove an extra six months of regional work. Full story https://www.sbs.com.au//visa-change-allows-backpackers-to- And remember for both the Business and for Work Visa applicant compliance/fairwork issues to natural justice matters. Civil, Administrative and even Criminal law issues must be addressed in making a valid visa application. So if you run a business and wish to sponsor and employ a foreign nation or you, your family or anyone you know is currently on a temporary work visa and wishes to apply to extend your Working Holiday visa contact us to discuss your options. Remember to increase your chances of winning your case TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer. Book a Consultation Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office. (conditions apply) For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

14.01.2022 Conflict of Interest -soft power. How a Sydney based migration agents lobby group seeks to control the Victorian Law Institutes Migration Committee Those of you who have been reading my "posts" - missives - for a while will know that I have been at war with the MIA. (For those who dont know the MIA is a Sydney based migration agents lobby group whose public position is anti Immigration Solicitors and an impediment to a fairer and more just Australia Migration System for ...Continue reading

14.01.2022 BIG NEW. Legalwise: Family Visas, Bridging and Business Innovation & Investment Program Visas. Did you miss this don't Fret - it was recorded - and it was amazing!... I chaired and some guidance of Australia's best Immigration Solicitors presented: Lena Hung - Peter Bollard - Simon Jeans https://lnkd.in/gvKZUP5 https://www.linkedin.com//visa-victorian-immigration-sol/

12.01.2022 Pandemic AR LAW SERVICES will remain open but there will be changes. https://www.arlaw.com.au//pandemic-ar-law-services-will-r/

11.01.2022 Ask not what you can do for VISA, but what VISA can do for YOU! Join the Victorian Immigration Solicitors' Alliance: VISA and enjoy fantastic Free and discount Stuff! How it works: For about the cost of a cup of coffee a week to join and if you avail yourself to just a handful of the great deals on offer from our Corporate Sponsors you could - as the man says: "end up in front."... 1) 20% of All Legalwise CPDs. (see terms) 2) 10% of Lexis Nexis Practical Guidance Immigration Law - That is about $100 buck just there. (see terms) 3) Migration Messenger: VISA and only pay $250 for the annual subscription to Migration Messenger (usually $330 per year). Join VISA to save $80 of Migration Messenger and stay up to date with Migration Case Law. (see terms) So depending on the CPDs you attended and other deals you take up it is possible to be "in front". And that is before we get to the "Big Ticket" items: Like Bayford Volkswagen Camberwell - 4) Visa members through our Corporate Partner Bayford Volkswagen Camberwell can enjoy a range of blue ribbon discounts and special deals on Volkswagen cars. (terms apply) So join VISA and enjoy the benefits that are not only very useful but also luxurious...

10.01.2022 Adverse information: can the AAT properly treat an applicants failure to reply to an invitation to comment as an admission of a fact that is damaging to the applicants case? So unlike Sargent Schultz is not knowing nothing enough, or need there be more than just failing to reply? The question was recently explored by the Federal Circuit Court in Bajwa v Minister for Immigration & Anor (2018) FCCA 3995. The case was basically the client did not reply to any invitations... to comment about the veracity of the applicants grandfathers ( Jagjit Singh ) identity who was going to support applicant while he studied- sent by both the department and the Tribunal. There was no material before the Federal Circuit Court that set out the results of any inquiries made by the Australian mission in India or by local officers of the Department in Australia, somehow it did come to pass that officers of the Department had formed the view that the person referred to as Jagjit Singh in the financial documents provided by the applicant was not in fact the same Jagjit Singh who was, in fact, the applicants grandfather. Judge Riethmuller was of the view that this was not a proper basis for the Tribunal to make an adverse finding of fact. Rather, it was Judge Riethmullers opinion that in the absence of some modicum of evidence, albeit slight that would tend to prove the fact, it was legally unreasonable for the Tribunal to draw a negative conclusion simply based on the applicants failure to respond to an invitation to comment. So if you, your dodgy agent or someone you know has had a visa refused due to adverse information or Bogus documents talk to us. Or if you or anyone you know has an Australian Visa refused, rejected or cancelled due to police history or character grounds contact us to discuss your Appeal or Review options. Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer. Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office. (conditions apply) For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

09.01.2022 Work visas (457, 482 & ENS) Nomination refusal winning cases AAT appeal, talk to us. Dont risk your visa, your money or your future with a dodgy migration agent! A major Australian sport association retain AR LAW Services. Master Migration Lawyers to manage a review at the Administrative Appeals Tribunal (AAT) due to their Nomination for a work visa (457 & ENS visa) for their head coach had been refused. As often is the story, the application had been poorly managed by a... migration agent rather than a immigration lawyer, and the result rather predictably was the application failed. (What is really disappointing is they are are very big and established migration agency its like I have been saying for years dont risk your visa, your money or your future with a dodgy migration agent: trust only an immigration lawyer Hopefully with the upcoming ending of dual regulation the days of dodgy migration agents are numbered. (What is a dodgy agent and how to avoid them see below. Be advised AR LAW Services sues dodgy agents so if you feel cheated or lie to or just didnt what you paid for talk to us. https://www.arlaw.com.au//negligent-migration-advice-what/ Given the application had been so badly managed AR LAW Services: Master Migration Lawyers had to build the entire submission including a series of reports as to genuine position: Market rate and a full suite of tax and training documentation. This cost the client a great deal of unnecessary expense. If only he had had gone to an Immigration lawyer first think of the money he could have saved. It was a long and difficult reconstruction however after a day at the tribunal AR LAW Services won the case. So if you, or someone you know has had a 457 or an ENS work visa nomination refused talk to us. Or if you or anyone you know has an Australian Visa refused, rejected or cancelled due to police history or character grounds contact us to discuss your Appeal or Review options. Remember TRUST ONLY a Master Migration Lawyer andmake an appointment with AR LAW Services: Master Migration Lawyer. Book a Consultation Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office. (conditions apply) For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

09.01.2022 What was that? Maybe I missed the memo? I attended an online migration agent's forum yesterday, regarding the up coming "deregulation" law. The main point I took from it was lawyers are scum. (Thanks for the heads up MIA)... Secondly that lawyers are scum and lawyers are tricky and lawyers are making migration agents do all this study stuff - and that ain't fair. Yet in all that sound and fury I did not hear once - what about the clients? How does it impact on them? Heard a great deal about how hard done migration agents felt by the changes but nothing on the main issue - which I would have thought was: It may be a drag but it is good for migrants & refugees to have well trained RMAs. So lets support it. We all fear change but this will be good for the migration advice industry

08.01.2022 MIA: "Spooked" by the likely changes in the Law? Immigration, Essentially for Lawyers. The New MIA course is NOT for Agents - it is Only for LAWYERS (It appears, despite their tough talk, the likely changes in the law may have "spooked" the MIA?) The MIA (the Sydney based migration agents lobby group) in a desperate bid to survive post the coming changes to the law, is offering a short course to lawyers ONLY - not the MIA base of migration agents. Interesting.... Why is this so? Well, because the writing is on the wall - the MIA's broken business model has no future and will struggle to survive the post deregulation world: that is the ending of of dual regulation of Immigration Solicitors by MARA. As most of you know VISA was set up to end this dual regulation system. So we would hope any and all Immigration Lawyers and all migration professionals who understand and care about the rule of law - join VISA. Finally if the MIA truly wish to assist Immigration Lawyers we would suggest they cease their fierce resistance to these changes in the law and support the new and better system that will promotes the rule of law and the protection of refugee & migrants rights.

07.01.2022 If youre in a relationship with an Australian citizen or permanent resident, its reasonable that you might want to stay in Australia and build a life with them here. Fortunately, genuine relationships are recognised by the Australian government and you should be able to get an Australian partner visa or prospective marriage visa. Both partner visas and prospective marriage visas have certain requirements and restrictions that can be quite complicated for those applying. If ...you are looking to stay in Australia with a partner visa, please contact us https://www.arlaw.com.au//partner-visas-big-win-for-fairn/

07.01.2022 Some of you may have read my post about how the Sydney based migration agents' lobby group the MIA were advertising on the legal platforms controlled by the Law Institute of Victoria. (This should be understood or scene in the setting of an ongoing "turf" war between Lawyers and the MIA) However the CEO of the Law Institute of Victoria has just written to me confirming the MIA adds will be removed and such adds will not be permitted in the future.... So a victory for goodness and niceness! And remember applications for Membership to the Victorian Immigration Solicitors' Alliance: VISA will open (hopefully) shortly

07.01.2022 Why should you join the Victorian Immigration Solicitors' Alliance: VISA Join the fight against corruption! Join the Fight to help protect refugee & Migrants' rights!... Join the fight and stamp out dodgy migration agents! The Sydney migration agents' lobby group the (MIA) has shown no interest in cleaning up the industry it professes to be the "peak body" for so it is time for a change: Join VISA to promote integrity in the migration advice industry and the respect for the rule of law. Join VISA to advance education through FREE & discount quality CPDs in a wide range of law subjects! Join VISA to protect the rights of refugees & Migrants. (applications open soon) (To read more) https://lnkd.in/grf_qQu

07.01.2022 Trouble with the Law? Better get a Lawyer... Better get a real good one! For more than 20 years I have been helping Australian Citizens and Visa holders deal with the Criminal Justice System. In these tumultuous times, when fear and uncertainty appear to be running rampant it is good to know that there is a firm like AR LAW Services to help when all seems hopeless.... https://www.arlaw.com.au//trouble-with-the-law-going-to-c/

06.01.2022 Love & Marriage Not only for the Beautiful and the Gifted! As many of you who are regular readers of my "posts" on my various "platforms" know I often take on cases that other law firms will not. What follows is one such case. It is a case regarding the struggle of a young man against the stigma of intellectual disability and the struggle to have his love recognized and not diminished nor disparaged by a brutal system- a real 'Victor Hugo' or 'Mary Shelly' like tale of love a...nd the struggle against prejudice and even hatred. Another example of the reckless way the department applies policy erroneously over the law with a heartless disregard to the enormous damage they do - particularly to the more disenfranchised in our community. AR LAW Services was retained to appeal a particularly cruel decision by the department of Immigration (DIAC) that had deprived a young man of a life with his lawfully wedded wife for more than four years. The applicant a young Australian man who suffers a significant intellectual disability. had tried on numerous occasions to secure a partner visa for his young wife. The applications despite being lodged by a well known migration law firm were consistently refused by DIAC on the grounds that his intellectual disability robbed him of the capacity to understand concepts like love marriage and consequently DIAC believed he lacked the ability to sponsor his wife were she to come to Australia. AR LAW Services argued that the chance to love and be loved is not solely the preserve of the gifted and the beautiful but those with intellectual disabilities can to love too. So when it was all said and done this case was about discrimination and prejudice. Something that has no place in a fair and just legal process or the rule of law. And after 3 days before the tribunal AR LAW Services was vindicated and won and now the couple can live happy ever after in Australia. So if you or anyone you know has an Australian Partner Visa refused, rejected or cancelled contact us to discuss your Appeal or Review options. Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer. Book a Consultation Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office. (conditions apply) For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

06.01.2022 Citizenship test: Big changes are coming! From 15 November 2020, the Australian citizenship test will be updated. This will be considered one of the major updates to the test in over a decade. The updated test includes revised citizenship test questions and new test questions on Australian values.... Alan Tudge, the acting minister for immigration, citizenship, migrant services and multicultural affairs, announced the changes via press release, stating: Our Australian values are important. They have helped shape our country and they are the reason why so many people want to become Australian citizens. We are asking those who apply for citizenship to understand our values more deeply before they make the ultimate commitment to our nation, Click for more https://www.arlaw.com.au//citizenship-test-major-changes-/

05.01.2022 Scrap billion-dollar visa platform outsourcing says Senate Committee. The federal government should scrap the planned outsourcing of Australias new billion-dollar Visa Processing Platform and instead build the system in-house, a senate committee has found. The finding is contained in the Legal and Constitution Affairs Committee Report into the impact of changes to service delivery models on administration and running of government programs.... The report, released on Thursday, recommends the government not proceed with the request for tender for the global digital platform and instead fund and deliver an in-house solution. It comes just days after one of the main backers behind one of two consortia bidding on the deal, Pacific Blue Capital CEO Scott Briggs (for full story) https://www.itnews.com.au//govt-urged-to-scrap-billion-dol So what does it mean? Well, in short, it is about out sourcing of Visa applications to the private sector and the risk not only to the visa applicants but also to Australias national security. The only certainty in all this instability and times of rapid and unpredictable times of change is you are going to need a lawyer! So if you or anyone you know is thinking of applying for an Australian Visa or has had a visa refused or cancelled make an appointment with a Master Migration Lawyer. Book a Consultation Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office (conditions apply). For more go to www.arlaw.com.au

03.01.2022 To celebrate the 20th year of my law firm, I am proud to present the 5th iteration of the AR LAW SERVICES: Lawyers & Consultants webpage. (Note the discount special rate and referral help page for RMAs, Lawyers and VISA members) Enjoy!... https://www.arlaw.com.au/ (For special discount rates and assistance for RMA & VISA members) https://www.arlaw.com.au/referrals-help-with-complex-cases/

03.01.2022 Join the Victorian Immigration Solicitors' Alliance: VISA to enjoy 30% off the up coming Legalwise Seminar! Migration Law: The Latest Issues and Challenges, (18 November 2020)... Work through the most important issues you’ll face in migration law right now including an update on critical skills for TSS visas, guidance on character and public interest criteria, appealing visa cancellations and best practice ethics. Join a panel of expert practitioners with this half-day programme and gain valuable insights so that you’re ready for any matter and square away your ethics point for the year. Expert Panel: Chaired by the one and only Ms Roz Germov. So attention all immigration lawyers and Migration professionals or those thinking of working in this field of law - join VISA to enjoy the Members Rewards and attend this stellar CPD event and Save 30% (for those who can count or at least have a friend with a calculator, a 30% discount of this one CPD seminar is almost 75% of VISA's annual membership fee) So do yourself a favor - Join VISA. https://visaimmigrationlawyer.com.au/cpds-events/

02.01.2022 Updates: Business visa law new forms for various visa applications It is both surprising and disappointing how much work comes my way due to the most basic and avoidable mistakes. Many of these errors are due to poorly trained, ill informed and negligent work by dodgy migration agents so if you take anything from reading this post, take this: Dont risk your Visa, your Money or Your Future Trust only a Master Migration Lawyer. If you feel you have receive negligent mi...gration advice, you may have options to remedy the situation. Talk to us. Book a Consultation What I will say as a general rule is always read the document the forms & instructions closely and check all relevant dates. For people applying or thinking of applying for the following classes take note of the recent changes: Business Skills Business Talent (Permanent) (Class EA); Business Skills (Permanent) (Class EC); Business Skills (Provisional) (Class EB); Business Skills (Residence) (Class DF); Distinguished Talent (Migrant) (Class AL); Distinguished Talent (Residence) (Class BX); Business Skills (Provisional) (Class UR). The explanatory memorandum states: 3. The instrument operates to specify the approved form for making a valid application for the following visa classes: a. Business Skills Business Talent (Permanent) (Class EA) visa; b. Business Skills (Permanent) (Class EC) visa; c. Business Skills (Provisional) (Class EB) visa; d. Business Skills (Residence) (Class DF) visa; e. Distinguished Talent (Migrant) (Class AL) visa; f. Distinguished Talent (Residence) (Class BX) visa; g. Business Skills (Provisional) (Class UR) visa. 4. The instrument also operates to specify the place for lodgement and the manner in which an application must be made to ensure a valid application is made for the relevant visa class. 5. The purpose of the instrument is to specify an additional approved form, place and manner for Distinguished Talent (Migrant) (Class AL) visa and Distinguished Talent (Residence) (Class BX) visa (Distinguished Talent visa) applicants. A Distinguished Talent visa applicant may make their application using Form 47DT (Internet) as an internet application. This is in addition to the ability of Distinguished Talent visa applicants to make their application using Form 47SV by post, courier or using the Global Talent contact form available at the following address Distinguished Talent visa applicants will therefore have more options in which to lodge an application for a visa, providing an additional benefit to these applicants. So if you or anyone you know is thinking of applying for a Business visa or any Australian visa or has had a visa refused or cancelled make an appointment with a Master Migration Lawyer. Book a Consultation Call 03 9614 0218 or email [email protected] to make an initial 30 Minute consultation at our Melbourne office (conditions apply). For more go to: www.arlaw.com.au

02.01.2022 If you're in a relationship with an Australian citizen or permanent resident, it's reasonable that you might want to stay in Australia and build a life with them here. Fortunately, genuine relationships are recognised by the Australian government and you should be able to get an Australian partner visa or prospective marriage visa. Both partner visas and prospective marriage visas have certain requirements and restrictions that can be quite complicated for those applying. If ...you are looking to stay in Australia with a partner visa, please contact us https://www.arlaw.com.au//partner-visas-big-win-for-fairn/

02.01.2022 Anonymous Threat to Keep my Mouth Shut! The insidious tentacles of the MIA: A Sydney based migration agent lobby group, is attempting to influence certain Committee members of the Law Institute of Victoria. UPDATE: Last week I spoke at the Law Institute of Victoria (LIV) Migration Committee in which I raised the issue of my concern that some members of the committee may be laboring under a conflict of interests due to receiving a direct or indirect financial benefit from a h...ostel lobby group: that is the MIA. Subsequently I have received a formal letter from the CEO of the LIV warning me that an anonymous complaint had been leveled at me due to my ventilating of my concerns that the MIA is attempting to - and apparently succeeding in - influencing some committee members of the LIV. For more https://www.linkedin.com//conflict-interest-soft-power-how

01.01.2022 Not by man but by law. Court Holds to protect rights of a Refugee in Protection Visa Case The Federal Court recently ruled that the Minister is not above the law, and must seek review, rather than acting unilaterally, if the AAT makes a decision that the Minister considers incorrect In a recent refugee case run by Sergio Zanotti Stagliorio and as noted by Michael Arch (Both these reports are available at significant discount prices for members of VISA. Victorian Immigration S...olicitors Alliance https://www.facebook.com//VISA-Victorian-Immigration-Soli/ ) the court held that the Department had conduct itself in a more egregious, unfair, undemocratic and one might go so far as to say, cruel way. The visa applicant in this case, a citizen of Afghanistan of Hazara ethnicity (after initially arriving in Australia in 2012), had applied for a Protection visa, specifically, a Safe Haven Enterprise Visa. https://www.arlaw.com.au//not-by-man-but-by-law-court-hol/

01.01.2022 Join the Victorian Immigration Solicitors' Alliance: VISA and Save! The Wait is over! It has been a bit bumpy with the virus and all (and there are some changes) but the days has finally arrived. VISA - the Victorian Immigration Solicitors' Alliance - is open for membership applications.... As many will know VISA's annual subscription is only $200 (plus gst) Which by any stretch, that is a fine deal! However always wanting to go the extra for our members, if you join VISA by Midnight tonight (17.11.2020) we will extend a 30% discount price to tomorrow's Legalwise seminar Migration Law: The Latest Issues and Challenges (that is about $150 savings - so VISA membership works out to be about 50 bucks) So roll up and save! https://visaimmigrationlawyer.com.au/

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