Samuta McComber Lawyers in Greenslopes, Queensland | Immigration lawyer

Samuta McComber Lawyers

Locality: Greenslopes, Queensland

Phone: +61 7 3394 8489

Address: 433 Logan Road 4120 Greenslopes, QLD, Australia

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

Likes: 1019

Add/Update information

Reviews

Tags

• Immigration lawyer

25.01.2022 ANOTHER SECTION 501 WIN Ending the week with good news! Our client’s visa has been reinstated after being cancelled under s 501(3A) of the Migration Act 1958 and was released from immigration detention on Friday. We are so happy to know our client is now reunited with their partner, young children and extended family. After experiencing complex life challenges, our client can move forward with their life in Australia. We wish them the best in making a bright future for t...hemselves and their family in Australia. If you or a loved one require assistance with a visa cancellation matter, contact our office today. On top of that, there is no need to come into our office - we can provide an initial assessment by phone, email or video call. (07) 3394 8489 [email protected] www.samutamccomber.com.au

25.01.2022 IMPORTANT MESSAGE FOR PERSONS IN AUSTRALIAN IMMIGRATION DETENTION AWAITING REMOVAL TO NEW ZEALAND The Australian Border Force has suspended removal operations to New Zealand effective as of midnight 16 March 2020, unfortunately clients' removal arrangements have been affected. These measures take into account the rapidly evolving situation surrounding COVID-19, as well as the requests of the New Zealand government and the operational requirements of this agency, including risks to its staff and contractors, which include the security escorts. We are told that the Australian Border Force will liaise with clients once they receive further advice that voluntary and escorted removals to New Zealand are able to re-commence.

24.01.2022 s116 AAT WIN What a way to finish two weeks of hearings: an oral decision handed down at the end of today’s hearing resulting in our client’s visa being reinstated and released from Christmas Island immigration detention. This matter highlighted the importance of engaging migration lawyers experienced in visa cancellations, as the Member commenced the hearing by saying that on the basis of the written submissions and evidence prepared by our firm, that his preliminar...y view was that our client’s visa should be reinstated. However, the ultimate decision would depend on the client’s oral evidence to clarify several key concerns. Two and a half hours later, the Member handed down an oral decision that our client’s visa, which was previously cancelled under s116(1)(e) of the Migration Act 1958, should be reinstated. After 19 months apart, he’s on his way home to his fiancée and children! It’s days like these, that we could not be prouder of the work we do and the way we do it, and have that recognised by decision makers including Tribunal Members.

24.01.2022 A fantastic turn out last night at the Visa Cancellation Information Session held by Pacific Connect & Support Inc. and Hope Centre Logan South. Our Director Jennifer Samuta, had the pleasure to attend as a guest speaker, raising awareness about: 1. New Zealanders and their visa status; 2. visa cancellations; and 3. the need for New Zealanders and Pacific Islanders to be proactive in securing their futures in Australia by obtaining Australian citizenship. ... Special thanks to those who spoke on the panel. We have no doubt your truth and vulnerability gives encouragement to the family and loved ones who are walking this difficult path. And a massive thanks to those who braved the weather to get to the session!! Stay tuned for more details about future Community Information Sessions. If you would like to run an Information Session in the community, please contact Pacific Connect & Support on (07)3394 8303. #Community #LoveInAction #Connect #Support #VisaCancellation #DeportationMatters #s501 #s116 #MigrationLaw #BeInformed

22.01.2022 ANOTHER SECTION 501 WIN Ending the week with good news! Our clients visa has been reinstated after being cancelled under s 501(3A) of the Migration Act 1958 and was released from immigration detention on Friday. We are so happy to know our client is now reunited with their partner, young children and extended family. After experiencing complex life challenges, our client can move forward with their life in Australia. We wish them the best in making a bright future for t...hemselves and their family in Australia. If you or a loved one require assistance with a visa cancellation matter, contact our office today. On top of that, there is no need to come into our office - we can provide an initial assessment by phone, email or video call. (07) 3394 8489 [email protected] www.samutamccomber.com.au

22.01.2022 Heres to strong women. May we know them. May we be them. May we raise them. Unknown On International Womens Day we are proud that females represent 75% of our staff, as our founding director, Jennifer Samuta, makes a marked effort to share her knowledge and experience with the next generation of female lawyers. #internationalwomensday #iwd

21.01.2022 With all the bad news flooding mainstream media lately, this article is a welcome read. We wish the Luai family all the very best, and hope for many more happy endings for families affected by Australia’s harsh visa cancellation and deportation laws.

20.01.2022 A SECTION 501 WIN on Valentines Day was made all the sweeter when we called our clients wife (an Australian citizen) to tell her the good news that she and her husband would be reunited soon and he is no longer at risk of deportation back to England! After our client had his visa mandatorily cancelled under s501(3A) of the Migration Act 1958 our firm made representations on behalf of our client that led the decision-maker to revoke the original decision of the Minister o...f Immigration to cancel his visa. While processing times can vary significantly from client to client depending on their circumstances, this clients visa was cancelled in December 2019 and he is currently still incarcerated serving his term of imprisonment. In this particular case, we were instructed to request the visa cancellation so that matters could be dealt with well ahead of time as well as to minimise time spent in immigration detention, if any. It doesnt happen for every client, but in the case of this client it did and he will now go home to his lovely wife upon the completion of his sentence. If you or a loved one have had your visa cancelled and are threatened with deportation, contact our office to discuss how we might be able to assist. https://samutamccomber.com.au/contact-us (07) 3394 8489 [email protected]

20.01.2022 As a result of Coronavirus the Australian Government will be implementing new (temporary) immigration measures. The Australian Government has announced that as of 1 February 2020, all travellers arriving from any part of mainland China, regardless of nationality, will be subject to enhanced border control measures to ensure the health, safety and well-being of the Australian community. Australia will deny entry to anyone who has left or transited mainland China from 1 Febru...ary, with the exception of: * Australian citizens *permanent residents *immediate family members of Australian citizens and permanent residents including spouses, minor dependents and legal guardians Limited exemptions also exist for airline and maritime crew, where they have taken appropriate precautionary measures. These enhanced public safety measures will apply to those seeking to enter Australia as well as those seeking to transit through Australia en route to another country. To understand more about these new immigration measures, refer to the Australian Governments advice to travellers (click on link below). https://www.abf.gov.au/news-media/archive/article?itemId=354

20.01.2022 We are stoked to welcome Semisi Kailahi to our team! Semisi is a Consultant at our firm who was admitted as a lawyer to the Supreme Court of New South Wales in 2014. He is passionate about doing what he can to promote fairness and equity for all and particularly those who come from marginalized groups. He previously worked with WEstjustice, a community legal centre, as a generalist lawyer with a focus on youth (high school to 25 years old) and Pasifika communities (Maori and... Pacific Islander). He quickly grew frustrated when hearing stories about how people in the immigration space were treated without fairness and equity. He is outspoken and in 2019 co-authored the Pasifika Talanoa Snapshot Report. Links to his media commentary and report are available for download on our website (follow the link below). https://samutamccomber.com.au/who-we-are

19.01.2022 After ten months in immigration detention, our client is finally able to go home to his wife and young children! Although our clients initial request for revocation was unsuccessful, Samuta McComber Lawyers successfully appealed to the Administrative Appeals Tribunal to overturn this decision and get our clients visa back. Our client was lucky enough to have a great support network that worked with us to ensure we could put their best case forward. During the cour...se of our representation we engaged with the family, support workers and psychologists to best understand our clients situation so that we could make representations about their past and prospects in the community that were legally sound, cogent yet compassionate. We believe that every client has their story to tell, and often on paper that story is lost amongst adverse information. We also recognise that clients and their families are lost in the emotion of their circumstances (understandable!), and are unable to translate their situation, especially in an area of law and procedure that often leaves many lawyers dumbfounded. If you would like a down-to-earth, plain-speaking and relatable lawyer, contact Samuta McComber Lawyers today. (07) 3394 8489 [email protected] www.samutamccomber.com.au/contact

18.01.2022 DID YOU KNOW that even if you successfully challenge a section 501(3A) visa cancellation at the AAT, and get your visa back, the Minister for Home Affairs can in the future consider cancelling your visa under a different section (s501A(2))? Did you know that the Minister for Home Affairs can still consider cancelling your visa under section 501A(2) even when he has NO POWER to?! Yes, READ THAT AGAIN.... Earlier last month our client disputed the Minister’s attempts to cancel his visa under s501A(2), submitting that the Minister in fact had no power under the Migration Act 1958 to cancel our clients visa in the way he purported to. We had actually represented our client successfully at the AAT in 2019 after his visa was cancelled under s501, so knew extremely well what this would mean to him and his young family. Thankfully, our submissions were accepted. Here is a copy of the letter withdrawing their intention to cancel our client’s visa. The real question is, had our client not had a lawyer who understood the complexities of the Migration Act, would the Minister have gone ahead and cancelled our client’s visa even where a decision to do so would have been unlawful? If you have received a s501A(2) notice of intention to cancel letter, it is important to contact us to discuss your options as soon as possible. We would also like to hear from people who have received a letter but never disputed the grounds, and subsequently had their visas cancelled. Feel free to contact us today. (07) 3394 8489 [email protected] www.samutamccomber.com.au

18.01.2022 What a way to start the week with the grant of a Partner visa (Subclass 801) to one of our very happy clients. As a permanent resident, he can now reside indefinitely in Australia with his partner and daughter; and once he satisfies the residency requirements apply for Australian citizenship. The foundation of Samuta McComber Lawyers is built on the importance of family. We are proud that we are in the business of reuniting families and helping families stay togeth...er in Australia. If you or your loved one require assistance with an Australian visa or citizenship, contact us today. https://samutamccomber.com.au/contact-us (07) 3394 8489 [email protected]

17.01.2022 The New Zealand Government want to better understand the New Zealand community in Australia - especially how Kiwis feel about their visa status in Oz. If you're able to assist, please take a look at their survey. https://www.surveymonkey.com/r/NZersinAus

17.01.2022 The sole issue for determination in these proceedings is whether the Tribunal can be satisfied that there is another reason why the cancellation under s501(3A) of the Migration Act 1958 should be revoked, such that the discretion conferred by s501CA(4) should be exercised in our client’s favour.

17.01.2022 "MY VISA HAS BEEN CANCELLED. IF I RETURN TO NEW ZEALAND, WHAT SUPPORT IS AVAILABLE TO ME?" We often get asked about support that is available in New Zealand for returning citizens following the cancellation of their visa (even if to await the outcome of their request for revocation). There are actually a number of support services available on arrival. See our REFERRAL FORMS section on our RESOURCES page on our website for information provided by New Zealand authorities by f...ollowing the link below. https://samutamccomber.com.au/resources Photo by Larm Rmah on Unsplash

17.01.2022 Feeling the love today on Valentines Day.....and not because our office has been inundated with deliveries of red roses or chocolates, but something much better: hugs from clients and mothers of clients who by their own reports finally feel HEARD, UNDERSTOOD and SUPPORTED. Now THAT is our point of difference...and something not limited to one day a year! #feelingthelove #valentinesday #support #understanding #pointofdifference

17.01.2022 New blog: WHAT IS MINISTERIAL DIRECTION 79? "Good question! And if you are living in Australia and have been sentenced to a term of imprisonment of 12 months or more, you really need to cast your eyes over or get your hands on a copy of the Ministerial Direction 79. Interestingly, if you do a general sweep of the internet (ahhh, Google!), you will have difficulty finding a copy of the Direction. This is bizarre given that the effects of the Ministerial Direction 79 are signi...ficant and widespread (check out the table of relevant stats below!). See the stats and download a copy of Direction 79 by following the link below. https://samutamccomber.com.au//what-is-ministerial-directi

16.01.2022 RAILS provides free legal assistance and education to refugees, immigrants, people seeking asylum and their families. We are based in Brisbane and assist people all throughout Queensland.

15.01.2022 We need to stop pulling people out of the river. We need to go upstream and find out why theyre falling in. - Desmond Tutu The heart-breaking tragedy of Hannah Clarke and her precious children has highlighted the issue of domestic violence in the most horrific way. Whilst there have been many calls for criminalisation of different aspects of domestic violence related behaviour, and a very loud call-for-action from the government of the day, we must not forget the importanc...e of the individual and our community...action at a grass-roots level and in our homes. We can not limit the solution to a response to domestic violence. Rather, we must also respond to the psychology and culture that feeds into the behaviour that leads to a domestic violence situation. The issue is complex, and in our view requires a multi-level approach (action and input) from grass-roots community groups to political parties and legislators. Circuit Breaker is a course for the early prevention of domestic violence, created by Matt Boulton. In his current role as Community Development Coordinator for Hope Centre Logan, he continues to build the capacity of churches and community groups to positively engage with DFV perpetrators in their communities.

14.01.2022 First-generation students can face unique challenges on their pursuit of a higher education. Some often feel a lower sense of belonging and might be reluctant to approach the lecturer. On the flip side they're often very resilient and they've overcome many obstacles to get there. https://www.abc.net.au//being-the-first-in-your-f/11924802

14.01.2022 AAT WIN Another client released from immigration detention on Christmas Island! We are over the moon knowing that he will be on a flight home to Queensland tonight to be reunited with his three young children after many long months apart. If you or a loved one have had a visa cancelled, contact us today. ... (07) 3394 8489 [email protected] https://samutamccomber.com.au/contact-us

13.01.2022 ANOTHER SECTION 501 WIN! And what a way to finish this week, knowing we played a part in helping a New Zealand citizen client remain in Australia with his partner and three children - another outcome of which was handed down whilst our client is in prison, rather than in immigration detention. We are so grateful for this positive outcome, knowing that any period of separation between our client and his family was minimised and not exacerbated by the immigration ...law process which more often than not prolongs the separation of families. If you or a loved one have been sentenced to a term of imprisonment of 12 months or more, contact us today to discuss how your visa and/or permanent residency might be impacted. (07) 3394 8489 [email protected] www.samutamccomber.com.au

11.01.2022 Are you a Non-Citizen of Australia who resides here, wants to return to your home country, but can not afford travel documents and flights etc? This program may be for you! There are many reasons for wanting to return home. Perhaps the circumstances in your home country have changed, or you want to return to your family and friends.... ASSISTANCE TO RETURN HOME You might be able to get assistance to return home if you: 1 Are living in Australia on a bridging visa or another type of temporary visa (including a NZ - TY444 Special Category Visa) 2 Are living in Australia without a visa, or your visa has expired 3 Arrived by boat or plane without a valid visa. There are advantages in returning home voluntarily. You get more choice about how and when you depart. You can return to your home with dignity and benefit from assistance at every stage of your homeward journey. No unnecessary time spent in an Immigration Detention facility CONTACT: Homeward Return Program Phone: 1300 094 663 Email: [email protected] Website: www.assistedreturns.com.au

09.01.2022 Often lawyers have a way of overcomplicating things - experts are the most guilty of doing this, using fancy lingo that sounds like a foreign language for most. However, as experts in the field of visa cancellations, we've created a 3-part blog series that will hopefully break things down in simple and helpful terms. Well even throw in a pic or two to make things clearer. This is the first instalment of our 3-part BACK TO BASICS blog series.... Subscribe to our blog to keep updated!

09.01.2022 SECTION 501 WIN! Good news out of Yongah Hill Immigration Detention Centre today as one of our New Zealand citizen clients has had his visa reinstated and is being released from immigration detention. We worked hard with this client to understand his complex clinical diagnoses, past trauma and their interaction with subsequent addictions and related offending which ultimately led to the cancellation of his visa. We believe that it is imperative to understand the ante...cedents to our clients offending in order to advise and represent them effectively. If you or a loved one are facing possible visa cancellation and deportation, contact us today for understanding, frank and honest advice. (07) 3394 8489 [email protected]

09.01.2022 It is important to tell the Department of Home Affairs if your situation or contact details have changed. Keeping the Department up to date means they can assess you correctly (if making an application) or contact you appropriately about matters concerning your visa (e.g cancellation). If you do not keep the Department updated of your correct address or email, you risk being sent important correspondence to an old address and where responses might be required within a strict... timeframe, this may be of critical consequence to your ability to stay in Australia in the future. Your passport details have changed You had a baby Change in your relationship Your study situation has changed You have moved address or your contact details (email) have changed You can notify of changes to your address or passport details at https://online.immi.gov.au

08.01.2022 Representing an asylum seeker who is fleeing their country of origin for fear of being persecuted based on their gender and the payback culture in that country. #protectionvisa #refugee #genderbasedviolence #hope

07.01.2022 ANOTHER SECTION 501 WIN We received this revocation decision today! Our clients Class TY Subclass 444 Special Category (Temporary) visa was reinstated after it was cancelled under s 501(3A) of the Migration Act 1958. Our client can now look forward to rebuilding their life with their family after overcoming significant adversity.... If you or a loved one require assistance with a visa cancellation matter, contact our office today. And there is no need to come into our office - we can provide an initial assessment by phone, email or video call. (07) 3394 8489 [email protected] https://samutamccomber.com.au/contact-us

07.01.2022 Appearing before the AAT (Sydney) today, representing a client whose visa has been cancelled under s501(3A) of the Migration Act 1958.

05.01.2022 As part of our desire to make our services more accessible to those who need them, we look to actively partner with community organisations that share our values. By engaging with the community our aim is to raise awareness around complex migration issues, such as visa cancellations, with a particular focus on reaching the most vulnerable in our communities including people from non-English speaking backgrounds and low-socio economic backgrounds; as well as people held in de...tention facilities. Pacific Connect & Support Inc. are a wonderful community organisation who operate on a 100% volunteer and not-for-profit basis. Their volunteers visit prisons and immigration detention centres across South East Queensland on an almost daily basis which puts them at the coalface of visa cancellations (and many other issues affecting our migrant communities). To say their experience and knowledge is priceless, is an understatement! In an effort to raise awareness about visa cancellations under sections 501 and 116 of the Migration Act, our director Jennifer Samuta will be speaking at their community event on 12 February 2020 in Logan, South Brisbane. See below flyer for further details. You can also see more about what we do and who we support here: https://samutamccomber.com.au/groups-we-support

04.01.2022 ANOTHER SECTION 501 WIN We received another revocation decision yesterday! Our clients visa has been reinstated after being cancelled under s 501(3A) of the Migration Act 1958. After facing an extremely tough few years, our client can now look forward to reuniting with their partner and children. We wish them the best in moving forward into a bright future.... If you or a loved one require assistance with a visa cancellation matter, contact our office today. On top of that, there is no need to come into our office - we can provide an initial assessment by phone, email or video call. (07) 3394 8489 [email protected] www.samutamccomber.com.au

04.01.2022 SECTION 501 WIN With all the alarming world news circulating at the moment, we are celebrating our client wins more than ever before. We received positive news of this revocation decision last Friday, as one of our clients received his Subclass 444 Special Category (Temporary) visa back after it was cancelled under s501(3A) of the Migration Act 1958. Upon release from immigration detention he is reunited with his 4 children, and avoids deportation to New Zealand after liv...ing in Australia for more than 12 years! To all those who remain waiting decisions in immigration detention or overseas, hang in there. There is hope! If you or a loved one require assistance with a visa cancellation matter, contact our office today. And there is no need to come into our office - we can provide an initial assessment by phone, email or video call. (07) 3394 8489 [email protected] https://samutamccomber.com.au/contact-us

04.01.2022 CITIZENSHIP GRANT Starting the week with good news! After bravely enduring very challenging life events for a number of years, our client can now look forward to a secure future in Australia with their family. We wish them the best for their future as an Australian citizen. This particular client engaged our firm after being invited by the Department of Home Affairs to comment on character-related adverse information. Less than a week after making our submissions on ...their behalf, our client was approved for Australian citizenship. If you or a loved one require assistance with a complex citizenship matter, contact our office today. Also, there is no need to come into our office - we can provide an initial assessment by phone, email or video call. (07) 3394 8489 [email protected] www.samutamccomber.com.au

04.01.2022 Samuta McComber Lawyers are passionate about raising awareness about visa cancellation issues and how it might affect long term residents living in Australia, but who are not citizens of Australia. To do this, our lawyers and support staff attend community events, meet with community leaders and stakeholders to share how non-Australian citizens are at risk of visa cancellation, even if they have been here since a young age and/or all their family resides here. Remarkably, we ...continue to meet Permanent Residents and New Zealand 444 visa holders who are not aware that their visas can be cancelled, most commonly on character grounds. Last week our Principal Solicitor, Jennifer Samuta (MARN 1386572) co-presented a RAILS - Refugee and Immigration Legal Service CPD webinar to 40+ lawyers and registered migration agents on the topic of character-related visa cancellations which in recent years has occurred in unprecedented numbers (see statistics in photos which are extracted from the presentation slides). In an area of law that is so complex and the powers of decision makers so wide and discretionary which often results in an imbalance of power between Government Departments and everyday person, it was important for Jennifer Samuta to: 1. highlight potential issues commonly experienced in migration law practice; 2. summarise the impact on clients and their families; 3. expound the process of responding to certain cancellation notices; and 4. discuss appeal avenues, eg. representing clients at the Administrative Appeals Tribunal, in the hopes that more solicitors and migration agents can effectively help clients who are facing visa cancellation. #communityawareness #continuingeducation #CPDtraining #mara #inthistogether #StrongerTogether https://samutamccomber.com.au/groups-we-support

04.01.2022 Ending the week with happy tears as we shared the good news with our client that he would be released from immigration detention and FREE to reunite with his partner, children, nephews, grandchild, parents and siblings after many months apart. Did you know, for most Pacific Island cultures (and of course, many others), the importance of FAMILY is paramount and to lose a brother or father to deportation more often than not sets the wheels of a very real and vicious cycle ...into motion: family breakdown/fatherless financial hardship (poverty, even!) mental health issues substance abuse homelessness addiction suicide criminal offending visa cancellation deportation! Visa cancellation and deportation is far from a standalone issue and has very real ramifications for the young people affected by these administrative decisions. We believe with all of our hearts that losing one family member to deportation tears at the fabric of family, community and our society. Currently the migration provisions (through Ministerial Direction 79) considers that a persons ties (eg. family) to Australia is relevant, but it is not a primary consideration. That is, it defers to the seriousness of their visa breach and the expectations of the Australian community. The way these considerations are made underscore the importance of putting your best case forward to the Department when being considered for visa cancellation. The considerations are always the same case by case, but how they will be applied differ based on the circumstances of each case. Its complex and finely balanced! If you or your loved one are facing visa cancellation and possible deportation, contact us today. https://samutamccomber.com.au/contact-us (07) 3394 8489 [email protected] #section501 #visacancellation #requestforrevocation #familyovereverything #migrationact1958 #bestinterestsofminorchildren

02.01.2022 FREE s501/AAT ADVICE If you have received a non-revocation outcome in relation to a visa cancellation under s501 or s501(3A) of the Migration Act (character related decisions), you need to make an application for review to the General Division of the AAT NOT the Migration & Review Division. This is a simple mistake that can easily be avoided!... An easy way to apply for a review is online. You can also apply in writing by: 1. filling in an application form (make sure it is the correct form!) 2. email (size limit 10MB) 3. letter. Strict time limits apply. Further details on this process can be found here: https://www.aat.gov.au//character-related-vis/how-to-apply

02.01.2022 A section 501 WIN at the AAT Our office was thrilled (and our Principal Solicitor Jennifer Samuta in happy tears) when this decision was handed down last Friday. A win is not simply a legal win for us. In most cases, it’s the difference between a family that stays together or a family that will remain broken, and the long term effects of that on our clients and their families are almost always detrimental, even more concerningly where clients have lived in Australia ...since a young age and/or where children are involved. Nothing has motivated us more this Monday knowing that our client has been released from immigration detention and is reunited with his partner and six young children. https://samutamccomber.com.au/contact-us

01.01.2022 On the 8th day of Christmas...our client was successful at the Administrative Appeals Tribunal (AAT), and the cancellation of their visa set aside! After years of being apart, our client will be reunited with their Australian citizen partner and daughter just in time for Christmas. We represented this particular client in their initial request for revocation after their visa had been cancelled under s501(3A) of the Migration Act 1958, and then on review at the AAT in Pert...h. If you or a loved one have had your visa cancelled or are appealing a decision to the AAT, know that it is possible to succeed on review, but of course it’s assessed on the merits of your case and every case is different. We would encourage you to obtain legal advice or assistance, especially in complex matters such as character related visa cancellations or refusals. (07) 3394 8489 [email protected] www.samutamccomber.com.au/contact-us