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24.01.2022 Received a fine in the mail. Think before acting one way or another. Seek legal advice. Depending upon a clients driving record we may be eligible to apply for a waiver of the offence. This maybe based on a previously good driving record. Do not elect to go to court to have the matter heard by a magistrate before getting appropriate legal advice. There are some unrealised effects on the average person.... Electing to have the matter heard in court will automatically take the offence from a driving offence to a criminal one. If convicted by the magistrate then it will appear as a criminal record. It will need to be declared it for job interviews and potentially when travelling overseas etc. If the matter is court elected the person is found guilty then the fine will be increased by the application of court costs as well as the victims compensation levy. If a decision is made to defend the matter with a not guilty plea. Then the matter will be heard at the court in the area where the fine was incurred. This will add travel and possibly accommodation costs to the cost of the offence. If the person is a non citizen then there are other issues to consider. Any application for a subsequent visa will need to declare the offence. It may either delay the grant of the visa or result in it being refused. If applying for citizenship it could likewise result in delays or refusal of the application. Contact us for advice before proceeding if a fine is issued.

24.01.2022 Genuine Temporary Entrant This practise has been approached by several people recently who have been refused visas either tourist or student. The reason was that they were not deemed to be Genuine Temporary Entrants. The Department was not convinced that the applicant was intending to return home at the end of the visa. ... To satisfy the Department you need to be able to prove that you have strong reasons to return home. These might be a job, family or you own property. That these provide a solid reason to return. If you have previously travelled to Australia or other countries and returned home also strengthens your argument that you are a genuine temporary entrant. Always seek assistance from a professional to help prepare your application.

22.01.2022 Partner Visa Changes The recent Federal Budget announced changes to the partner visas (subclasses 309/100 and 820/801). These have in some ways been mooted for some time but now we have a time frame. The changes are due to be implemented from late 2021. The changes are: - New partner visa applicants and permanent resident sponsors must have functional level English,... Sponsors will need to be preapproved Sponsors will be subject to enforceable sponsorship obligations English Both the applicant and sponsor (PR only) are to have functional levels (or 4.5 IELTS) of or are to be able to demonstrate reasonable efforts to learn, English. This has been an emotive issue in the community. Many feel that this is to prevent partners coming to Australia. This does not appear to be the case as the English requirement is to be demonstrated at the time of the grant of the permanent visa. People will be able to receive 500 hours of free English language classes through Adult Migrant Education Program. The person will have been in the community for approximately two years. There is considerable concern as to how the English language requirement will be demonstrated. The details of these measures will be announced closer to the implementation of the requirements. Preapproved Sponsor The sponsor will now be required to be approved as a sponsor prior to the lodging of the partner visa application. The budget sets out that there will be a fee of $420 in addition to the partner visa application charge of $7715. There is however no indication of how long the process will take. This new process may impact on people who currently come to Australia on a tourist visa with the intention to lodge a partner application. This way they are on a bridging visa while the application is processed. The Sponsor will need to provide mandatory character checks and the sharing of personal information. This is not significant as the sponsor needs to provide police checks as part of the current partner visa process. The Minister must refuse to approve a sponsorship if the sponsor has been charged or convicted of a ‘registrable offence’ unless none of the applicants is under 18 at the time of the decision on the application or any charge has been disposed of without conviction or the conviction quashed or otherwise set aside. Enforceable sponsorship obligations. The other change is that the sponsor will subject to mandatory requirements to support the visa applicant. Currently the sponsor agrees to do this however there is no actual requirement that they do so. Which Visa applicants do these changes relate to? It appears that these changes will relate to ‘new partner visa applicants and permanent resident sponsors’ however this will be only be confirmed closer to the date of implementation. Should you need any further information please feel free to contact us directly.

19.01.2022 Morning Star Legal & Migration Services congratulates our Principal Solicitor Michael Doyle on being an accepted as an accredited mediator by the Australian Disputes Centre. Michael completed the mediation training course with the Australian Disputes Centre in May/June 2020. As such we can now provide mediation services should you require them.

14.01.2022 Corona Virus Shut Down we will be open for all your legal needs for the duration of the enforced closure. As we will be working from our home office there will be no problems. Our contact number is 0478173474.

13.01.2022 COVID 19 and Immigration to Australia As you are aware there are travel bans currently in place for Australia. You can only enter Australia if you are in essence a permanent resident or a citizen. If you are the spouse of a or minor dependent of a permanent resident or citizen and hold a temporary visa you may be able to enter Australia. If you are off shore and have been issued a permanent residence visa and have not yet entered Australia you will be allowed to enter despite... the travel ban. There are issues to be sorted out relating to SC 457 and 482 visas there may be some leniency in regard to visa condition 8107 that prevents the visa holder from changing employers or ceasing work. We will need to wait and see. There has been some speculation that people on Temporary Visas who are currently off shore might be able to return if they already have an established presence here in Australia. You would be best, if you are in that situation, to sort it out before you travel. If your visa is about to expire you should leave before the expiry date or apply for an alternative visa. If you cannot travel home i.e. no flights or your country is not accepting even citizens returning home then you need to apply for an alternative visa. You should discuss this with a qualified person do not rely on social media. A person on shore without a current visa is an unlawful resident and subject to detention if found. If your visa has expired on shore then you will need to apply for a bridging visa E. These generally do not include work rights but you can make an application depending upon your circumstances. If your visa has expired and you are unlawful you may be able to apply for another visa if no more than 28 days have passed since your visa expired. It is best to consult us if any of the above situations apply to you.

11.01.2022 Success in the Administrative Appeals Tribunal The Department of Immigration has considerable power to cancel a visa under many circumstances. The most well known is through Section 501 of the Migration Act 1958. We have recently represented a client in the Administrative Appeals Tribunal who had his visa cancelled under Section 501. He was deemed to be of bad character for having a substantial criminal record. A substantial criminal record means that you have been sentenced... to 12 months or more in gaol. This can be cumulative. In 2013 our client had assaulted his former partner and her new partner. He was sentenced to 8 months in gaol for each offence. The sentences were served concurrently, and he spent less than 12 months in gaol. However, the offences totalled more than 12 months which caused him to fail the character test. He had not reoffended since 2013, other than a charge of drive while disqualified. Nearly 7 years after the assault offence the Department cancelled his visa on the grounds that he was a risk to the Australian society in 2020. Yes, seven years, a new relationship and two Australian children later, the Department cancelled his visa. He spent nearly three months in Villawood Immigration Detention Centre before we appeared before the Administrative Appeals Tribunal. We were posed the question, ‘Why after nearly 7 years since the offence did the Department suddenly determine that he was a threat to the Australian Society and warranted being removed from Australia?’ We submitted that he had rehabilitated himself. He had reconciled with is former partner, was involved in coaching junior rugby league, had a full-time job and was contributing in a positive way to Australia. He had little or no contact with his extended family overseas. He had come to Australia as a child and had not returned to his home country since arriving. There is a legal view that where someone was at one time of bad character, they could reinstate their reputation over time. They could once again be held to be of good character. The Tribunal agreed with our argument that he was in fact of good character now and his visa was reinstated. Our client was released from detention that afternoon. Should you need any assistance in an Administrative Appeal do not hesitate to contact us.

11.01.2022 The Downing Centre Local Court. Our client was facing a charge of high range drink drive. This a serious charge. Our client was facing fine of up to $3,300. A possible 18 months gaol as well as an unlimited disqualification from driving. In addition he would have an interlock device as well costing over $2000 per year. We obtained his driving history from his home country as well as references from people who knew him well. He successfully completed a traffic offenders course.... We argued that as an over seas student with limited resources and affected by the CVID 19 pandemic he was not financially able to pay a fine and the interlock program. His driving record overseas was unblemished. He expressed his remorse for his actions to the court. Any conviction would also potentially cause him difficulty with his future visa applications. The Magistrate took all this into account before imposing sentence which was a 12 month disqualification from driving. The Court commenting that this was his only offence in over 15 years driving However that due to it being high range the court would not deal with this by way of Section 10. The court imposed a disqualification for a period of 12 months but no fine nor interlock order was imposed. It was a good outcome for our client.

08.01.2022 Success in the Administrative Appeals Tribunal The Department of Immigration has considerable power to cancel a visa under many circumstances. The most well known is through Section 501 of the Migration Act 1958. We have recently represented a client in the Administrative Appeals Tribunal who had his visa cancelled under Section 501. He was deemed to be of bad character for having a substantial criminal record. A substantial criminal record means that you have been sentenced... to 12 months or more in gaol. This can be cumulative. In 2013 our client had assaulted his former partner and her new partner. He was sentenced to 8 months in gaol for each offence. The sentences were served concurrently, and he spent less than 12 months in gaol. However, the offences totalled more than 12 months which caused him to fail the character test. He had not reoffended since 2013, other than a charge of drive while disqualified. Nearly 7 years after the assault offence the Department cancelled his visa on the grounds that he was a risk to the Australian society in 2020. Yes, seven years, a new relationship and two Australian children later, the Department cancelled his visa. He spent nearly three months in Villawood Immigration Detention Centre before we appeared before the Administrative Appeals Tribunal. We were posed the question, ‘Why after nearly 7 years since the offence did the Department suddenly determine that he was a threat to the Australian Society and warranted being removed from Australia?’ We submitted that he had rehabilitated himself. He had reconciled with is former partner, was involved in coaching junior rugby league, had a full-time job and was contributing in a positive way to Australia. He had little or no contact with his extended family overseas. He had come to Australia as a child and had not returned to his home country since arriving. There is a legal view that where someone was at one time of bad character, they could reinstate their reputation over time. They could once again be held to be of good character. The Tribunal agreed with our argument that he was in fact of good character now and his visa was reinstated. Our client was released from detention that afternoon. Should you need any assistance in an Administrative Appeal do not hesitate to contact us.

07.01.2022 Corona Virus The current lockdown restrictions that are in place across Australia are backed up by a $1000 fine. It should be remembered that the police have had little training or direction as to what is a breach of the lockdown. For example a police officer ordered a breast feeding mother to move on from the seat that she was sitting on while nursing the baby. So what are your options if you are fined and you believe that you had a valid reason for your activities?... First you can write to Revenue NSW setting out the reasons why you should not have been fined. They will advise you of their decision in due course. If they decide the penalty is to stand you can enter a payment arrangement so that you do not have to pay the full amount at once. Second if State Revenue reject your request you can elect to have the matter heard in court. This does attract additional costs such as court fees and victims compensation. If you choose the second option then you should consult a solicitor in the first instance. Please contact us directly.

06.01.2022 We are pleased to announce that on Thursday 12 November 2020 in the High Court of Australia, the High Court delivered a verdict in a long running case for our client. We would like to acknowledge the hard work of the legal team that was assembled to assist our client. In particular our undying appreciation to the two Barristers who headed our case. They were Mr Awais Ahmad of Maurice Byers Chambers and Dr Jason Donnelly of Latham Chambers. The work they put into our client’...s case was an inspiration. They and their staff (Megan and Tom) have worked brilliantly as a team to ensure the best outcome for our client. The High Court reached a unanimous verdict that the Minister for Home Affairs appeal, from the decision of the Full Court of the Federal Court of Australia (Four judges to one in our client’s favour) be dismissed. The appeal was in regard to the decision of the FCFCA that the Minister could not under Section 501 of the Migration Act, cancel our client’s permanent residence visa.

05.01.2022 A good result for our client at the Parramatta Local Court. The charge of drive while suspended was dismissed by the Court under Section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999. The court took into account the situation of the international student including the affect of COVID 19 on him being able to obtain work. It also took into consideration his largely splendid driving record both here and overseas as well as the clients remorse for his actions.

05.01.2022 Partner Visas Theses visas are based on you either being in a marriage or in a de facto relationship. For the marriage it has to be a legal marriage and your sponsor has to be an Australian citizen or permanent resident. If you are in a de facto relationship your sponsor must be an Australian citizen or permanent resident and the relationship has to have existed for 12 months or more. You must be over 18 years old and not be closely related. You need to prove that the relatio...nship is mutually exclusive. It is genuine and continuing. That you live together. In addition there are restrictions on the sponsor. In the 5 years preceding the date of application the sponsor must not have previously sponsored a fiancé spouse or partner for migration to Australia. They can only sponsor no more than two fiancé partner or spouses in their life time. The sponsor cannot themselves have been sponsored on a partner visa for a period of 5 years before the application. The department requires that the sponsor complete police checks to determine if there are any convictions for relevant offences. As the visa application charge is nearly $8,000 you should seek the help of a professional to ensure that no mistakes are made in the application.

03.01.2022 Should you know some one who is a temporary visa holder and who is experiencing financial hardship they can approach the Red Cross for assistance. Here is an extract from the Red Cross home page:- Help for migrants in transition Important message for people on temporary visas... Emergency relief and casework support 11 April 2020 You may have heard that Red Cross is receiving funding from the Australian Government for the next six months to deliver emergency relief and casework support. Here is some important information about this funding: These funds are for people on temporary visas who have no way to support themselves and who have urgent needs. This includes food, medicine and crisis accommodation costs. We have not yet received these funds but hope to increase our existing Emergency Relief and Safety Net program in the coming weeks. Because of COVID-19, we will not distribute funds from our offices, but we will provide assistance by phone and email during business hours. We will work as quickly as possible with the Department of Social Services to finalise the details of the funding and expand assistance to people who are experiencing significant vulnerability. Who is eligible? You may be eligible for Red Cross Safety Net support if you: are in Australia on a temporary visa are in urgent financial hardship cannot access Centrelink, Medicare or similar services have no income, savings or other financial support (including from family overseas). Please know that we provide assistance based on need. We have to prioritise people with urgent needs, such as families with young children, people with a disability, people who are experiencing harm, people who are vulnerable to COVID-19, and people with physical or mental health issues. How to apply We will advise when we have the funds and arrangements in place. In the meantime, you can email us and we will get back to you. Once you have requested help, we will speak to you and see if we can assist with emergency payments, food deliveries, crisis accommodation costs or other support. To protect everyone’s safety during COVID-19, please do not come to our Red Cross offices at this time. You can email us or call 1800 733 276 during business hours. If you need help now If you are currently in a situation where your health or safety is threatened, please call 000. If you are eligible for mainstream community support services, try AskIzzy or the Department of Social Services. Information on COVID-19 in several languages

02.01.2022 Driving on an overseas licence. Visitors to Australia and those on a temporary visa may under certain circumstances drive using their overseas licence. However if your driving privilege is revoked then you need to obtain a licence issued by an Australian state or territory where you are currently residing. You should be careful when driving on an overseas licence. Some times friends will ask you '...to take the points for me..' you should never do this. If you do you are falsely admitting to having driven a vehicle at the time an offence was committed. Doing so opens you to being charged and imprisoned. If you have any concerns about driving on an overseas licence contact Services NSW or speak with a solicitor.

02.01.2022 Humour always helps. God was walking through heaven and decided that he would have to expand heaven. He thought about it and decided he needed a civil engineer to manage the project. His best option was an engineer standing on the tee of the 13th hole 240 metre par 3. God watched as he hit the ball sweetly and it carried straight in to the hole. He dropped to his knees hands a loft saying "I could die now a happy man."... He found himself standing before the pearly gates looking at St Peter. St Peter looked at the list of incoming people and said you are not on the list, "Sorry you have to go to hell." He went to the gates of hell the Devil opened the door and checked his list of incoming names no luck there. The Engineer looked over the shoulder of the devil and started to talk '...the sulphur smell can be removed with a ventilation system, we could install air conditioning to cool the place down and the boiling mud over there can...' Come in said the devil. A while later God went to St Peter asked about the Civil Engineer. "No had not seen him" said St Peter. God described him so high so wide dressed in garish golf attire had just hit a hole in one. Sty Peter said "He was not on the list so I sent him to see the devil." God shrugged his shoulders and went to see the devil. He stood at the gates of hell readied himself for the blast of searing heat and sulphur smell and knocked loudly. The gates opened and the devil stood there wearing a smoking jacket holding a martini. There was no heat, no sulphur smell at all. God looked at the Devil the devil said "Come in it is happy hour." God was impressed with the changes and asked about who did it? The devil said some civil engineer you did not want came here, was not on my list but I took him in any way. God said that there had been a SNAFU at the pearly gates and he wanted him back. The Devil looked concerned and said no, he has plans to expand the place also to put in a 36 hole golf course with the most diabolical holes ever imagined designed by a team of lawyers, not happening no way. God looked at the Devil and said this breaches the Heaven Hell Contract I will sue you for this! The Devil stood back gently closing the door said "Pray tell where do you think you will find a lawyer!"