Immigration Lawyers

World Visa & Work Permit News

 


Australia: Officials Offering Visa Help & Advise To Rural Areas - IMMIGRATION officials are visiting rural parts of Australia to provide information to people who have overstayed their visas.  A Department of Immigration and Citizenship (DIAC) spokesman said that its Community Status Resolution Service outreach programme allows those living outside capital cities who do not have a valid visa or …  Australia Forum – October 18, 2012

 


EU: Calls To End The Visa-Free Regime - THE European Union is ratcheting up pressure on Serbia and Macedonia to stop a rise in migrants from those countries arriving in the EU and making unfounded asylum claims.  The increase in migration appears to follow the ending three years ago of a requirement that visitors from the western Balkans have visas to visit the Schengen zone … European Voice – October 18, 2012

 


EU: Reintroduce Balkan Visa EU states - Reintroduce Balkan visas: EU states Germany and five other EU states want the European Commission to allow the reintroduction of visas for people coming from the Balkans so as to curb soaring asylum requests, the European Commission said Monday.  Austria, Belgium, France, Germany, Luxembourg and the Netherlands wrote to the Commission after a sharp increase in those asking for asylum, clogging up the system in what is … IOL News - October 18, 2012

 


UK: Visa issues keep Robert Latimer From Appearing at UK Dying Debate - THE organizers of a debate on assisted suicide and mercy killings say visa issues have kept Robert Latimer from attending their event in Britain.  The Oxford Union, a student debating society that boasts an impressive list of past speakers on its website, had hoped to have the Saskatchewan farmer participate in its assisted dying debate on Thursday … Bradon Sun – October 17, 2012

 


Canada: Gov’s Expansion To Work Permit Allowances Makes Moving North Easier - AS Irish people know only too well, it’s enormously difficult and in some cases impossible to secure legal immigration status in the U.S.  Our northern neighbors in Canada, though, have taken major steps to make the path to temporary legalization much easier for Irish people aged between 18 and 35 … Irish Central – October 13. 20012

 


Canada: Diplomats Play Down Denial Of Visas To Polygamists - A CANADIAN diplomat in Riyadh has played down the possibility of a diplomatic crisis after Canada refused to issue visas to Saudi men who were married to more than one wife and wanted to bring all their spouses into the country.  The source told Al-Hayat newspaper that men are not allowed to enter Canada accompanied by more than one wife … Saudi Gazette – October 18, 2012

 


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US: New Work Permits Opening Doors For Young Immigrants - … THE federal government has accepted nearly 180,000 applications for the program through Oct. 10, and has approved 4,590 of those, according to U.S. Citizenship and Immigration Services data … Chron – October 18. 2012

 


US: Start-Up Visa – Let’s Welcome Immigrants Entrepreneurs – DESPITE the difficulty in obtaining visas, green cards, work permits, and even citizenship in the United States, America remains the first-choice destination for the overwhelming majority of tech entrepreneurs and highly-skilled science and technology … Inc. October 15, 2012

 


US: Legal Path To US From Cuba Still Complicated – CUBA’S surprise decision to make it easier for citizens to leave the country doesn’t mean Cubans can book tickets on commercial planes and head for Miami.  Would-be immigrants and tourists still need permission from the U.S. government to enter America legally. With a multiyear wait for a visa, the average … Long Island Press – October 17. 2012

 


US:  Builders Probably Began Work On Most US Homes In Four Years - NEW-HOME construction in the U.S. probably rose in September to the highest level in four years, a sign the industry is in the initial stages of a recovery, economists said before a report today.  Builders broke ground on 770,000 houses at an annual rate, up from 750,000 starts in August and the most since October 2008, according to the median estimate … Bloomberg News – October 17, 2012

 


Russia: German NGOs Need Work Permits - GERMAN nongovernmental organizations operating in Russia are facing bureaucratic troubles because their foreign staff is now required to obtain work permits.  In 2006, Germany reached an agreement with Russia to allow the heads of NGOs to perform their duties in the country without a work permit … The Moscow Times – October 11, 2012

 


Russia: Canadian Consulate Slow To Grant Russians Visas - RUSSIANS wanting to visit Canada have been repeatedly inconvenienced in recent months, as the Canadian Consulate in Moscow has been slow to grant Russian tourists visas, a tour operators' association said Thursday.  The Russian Tour Operators Association said that Canadian authorities had held up roughly 150 Russian tourists' passports in the Moscow consulate over the past three months and that Russian applicants had … The Moscow Times – October 11, 2012

 


Cuba: Gov Eases Travel Abroad For Many Citizens - FIFTY years after the Cuban missile crisis, there are signs even Cuban government is beginning to relax.  The Cuban government announced Tuesday that it will ease its highly restrictive travel laws in January, allowing many Cubans to go abroad without first … The Independent – October 17, 2012

 


Israel: Gov Increases Number Of Work Permits For Palestinians – IN response to an economic crisis gripping the West Bank, Israel has suddenly increased the number of permits for Palestinians to work inside Israel.  At a time of double-digit unemployment, many Palestinian workers have few other options.  Israeli authorities have granted an additional 10,000 permits this year to … CBC News – October 13, 2012

 


UAE: Gang Selling Bogus Visas Busted in Luchnow, Three Arrested - Police on Wednesday busted a bogus visa racket with the arrest of three persons from outside a hotel in Aminabad area of the city. The gang was involved in duping gullible unemployed youths handing them "work visa" for Gulf countries in exchange of heavy sums of money. The arrested accused turned out to be professional frauds who had so far duped about 500 jobless youths in … The Times of India – October 18, 2012

 


UAE: Workers face fines and deportation without right visa – IT is illegal for anyone to work on a visit visa in the UAE. This includes free zones and is regardless of the length of time a person is in the country. This is according to the UAE Labour Law, which applies to most non-governmental companies and employees. It is the responsibility of the employer to provide the correct visas and work permits … The National – October 13, 2012

 


UAE:  Hint Of Resolution On Pakistani Visa “Ban” - THE Prime Minister of Pakistan Raja Pervez Ashraf said HH the Amir Sheikh Sabah Al-Ahmad Al-Sabah had given him the impression that the ban on issuance of visas to Pakistani nationals will be resolved very soon.  The premier was talking in an exclusive interview to the Arab Times Wednesday on the last day of his visit to Kuwait to take part in … Arab Times – October 18, 2012

 


UAE: “Surrogacy Visa” For Foreigners Visiting India – FOREIGNERS visiting India for surrogacy purposes can only travel on medical visas, the Indian Consulate has said.  “We have so far not received any applications in this category,” a spokesperson told XPRESS, but added that foreign nationals living in the UAE can apply for surrogacy visas to India, provided they fulfill other conditions.  Surrogacy is a form of assisted … Gulf News – October 17, 2012

 


UAE: Free Work Permits For Shopping Malls – SAQR Ghobash, Minister of Labour, has issued a decision to allow the issuance of temporary work permit free of charge to the shopping malls in the Emirate of Dubai to enable them (to) recruit additional workers for one month.  The move comes in line with the directives by His Highness … on holding of the entertainment sessions and family recreation during Eid in Dubai, where the shopping malls will be .. Khaleej Times – October 17, 2012

 


Kurdistan: French Ambassador Announces Visa Service in Erbil - WELCOMING the French Ambassador to the Kurdistan Region on Sunday, Prime Minister Nechirvan Barzani discussed the Region?s growing ties with France as well as ongoing events in the broader region.  On his first official visit to Kurdistan since the arrival of the new French Consul General… new visa section in France’s Erbil Consulate General by the end … Kurdish Globe – October 15, 2012

 


Azerbaijan: Next Year The Year Of France Will Be Held In Ganja - French Ambassador to Azerbaijan Pascal Mounier says the relations between Azerbaijan and France develop year-by-year and these ties will be even more enhanced in future: ‘During next year, Ganja will host a variety of activities’…  Note that, the French Embassy intends to reduce the period for issuing visas to citizens of Azerbaijan. Soon the citizens of Azerbaijan can get a visa at the Embassy of France for 10 or ... News AZ – October 17, 2012

 


Pakistan: Saudi Embassy Denies Problems In Issuing Visas – SAUDI Embassy in Islamabad Wednesday categorically denied reports that it was not cooperating with the people seeking visas and stated that it was going out of the way to help Pakistani pilgrims to get visas and other all possible facilities.  Talking to INP the head of the Saudi Visa Section said that the Ambassador … Pakistan Observer – October 18, 2012

 


 

 

 

Do Not Get Migration & Visa Application Info from Phone Apps

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If you're thinking about coming to Australia on a working vacation or you’d like to migrate to the land down under, a word of warning from Australia’s Department of Immigration and Citizenship (DIAC), “do not get your information on migration and visa applications from phone apps”.  Under Australian law only registered immigration lawyers and registered migration agents are permitted to provide advice on these matters.

DIAC is reminding mobile application users to report and ignore providers offering bogus advice and fraudulent guarantees of migration outcomes.

They says, “Tablet PC and smartphone apps are another avenue that scammers and unscrupulous operators have explored to take advantage of vulnerable people, in a similar manner to unsolicited phone calls and hoax emails,” a DIAC spokesman said today.

“We are aware of a number of mobile applications that offer guides to the unwary about applying for a visa where the applicant might not have sufficient evidence; or tips about how to speed up visa applications,” the spokesman said.

“Not only would the information provided be potentially false or misleading, but may also jeopardize a genuine application."

“The unlawful provision of immigration assistance by unregistered people can adversely affect the lives of our clients and challenges the very integrity of Australia’s migration and visa programs.”

“The department warns that the risks are high for those who seek to defraud the system.”

To find registered immigration lawyers and registered immigration law practices like Immigration Solutions Lawyers go to Office of the Migration Agents Registration Authority (MARA) on: www.mara.gov.au or call them direct: 1300 226 272.

If you are interested in migrating to Australia or you’d like to organize a working visa, you can contact principal lawyer, Anne O’Donoghue at Immigration Solutions Lawyers on:  +61 2 9264 6432. We have been delivering high quality legal and migration services since 1993.  We are also registered with the Office of the MARA - a requirement of Australian immigration law.

Note: Should an unregistered person offer migration advice, you can report them to DIAC’s dob-in line on; 1800 009 623 or online at: www.immi.gov.au/contacts/forms/services/services-form.htm

 

 

 

 

 

The 6th CPD Immigration Law Conference

“Current Challenges - Future Trends” - that’s this year’s theme for the ILAA 2012 conference.  The Immigration Lawyers Association of Australasia Focus Group (ILAA) hosts the annual CPD Immigration Law Conference at the: Royal Automobile Club of Australia, 89 Macquarie Street, Sydney, NSW.

On site registration for the 2-day event begins: Friday 9 March, 8.15am sharp and closes at 9.00am.

To download the program click here:

To register online at any time click here:

NB: Up to 6-CPD points are available for all registered migration agents

Guest Speakers, Conference Topics, Gala Dinner and Entertainment 

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Keynote speaker The Hon. Chris Bowen MP, Minister for Immigration and Citizenship, follows the opening address delivered by Catherine Gale President of the Law Council of Australia and Maria Jockel Chair of Immigration Lawyers Association of Australasia.

Canadian barrister Jacqueline Bart author and expert in corporate Immigration Law, is also guest speaking at the conference, along with Laura Devine, Principal Lawyer of London and New York based law firms specializing in UK and US Immigration law.  Devine is also a fellow of the Center for International Legal Studies and a member of the American Immigration Lawyers Association.

Other speakers include:

  • Denis O’Brien, Principal Member/Refugee Review Tribunal
  • Federal Magistrate Matthew Smith
  • Professor Mary Crock, Associate Dean, Sydney Law School
  • Prof. Jane McAdam, University of New South Wales Faculty of Law
  • Christine Sykes, CEO, OMARA

According to accredited specialist Immigration lawyer David Bitel, immediate past President of the: Refugee Council of Australia, this will be the first time an ILAA conference takes a studied look at international developments in significant commonwealth countries. 

“There have been some very important legal developments in our area of law and it will be the subject of intensive discussion.” 

“In particular, administrative law developments and the new complimentary protection regime which has massive implications for Australia and its domestic application of international human rights law; and the new skills select scheme which revolutionizes the general skilled migrations program.”

Other topics: 

  • The clash of law and policy-Immigration law VS administrative law
  • Complimentary Protection changes – The New Paradigm
  • Australia’s Migration Program in a global context
  • Expressions of Interest and Skill Select
  • The growth of 457 visa program and compliance regimes
  • Ethics for lawyer agents and the challenges of dual regulations

Specialist corporate Immigration lawyer Katie Malyon says, "in an exciting first, the conference will hear about the interface between the role of the Fair Work Ombudsman and the Department of Immigration in monitoring compliance with both workplace and employment related immigration law".

"It's also been a great opportunity to foster and promote young immigration lawyers through the: Young Laywers Session", a recent initiative of ILAA says Sydney ogranizing committee member and Immigration lawyer Anne O'Donoghue.

Friday night's gala dinner is being held at the historic State Parliament Building in the Strangers' Dining Room with breathtaking views of Hyde Park's Domain.  Guests begin seating at 6.30pm.  (The gala dinner is open to members of the public)

Anh Do.picture.jpgComedian Anh Do, best selling author of: The Happiest Refugee headlines the evening and an address on: The World Report on Disabilities is delivered by distinguish guest Professor Ron McCallun AO, Chair of the UN Comittee on Rights of Person's with Disabilities.  Panic author, David Marr, Walkley Award recipient and one of Australia’s most acclaimed journalists is MC.

Organizing committee member David Bitel says “it’s very exciting because this is the first time the conference has been held in Sydney and it’s been great putting it all together.   I am proud to be part of the organizing committee”.

Anne O’Donoghue, Immigration lawyer, ILAA co-founder and executive member of the IBA Immigration and Nationality committee agrees. “It was a real highlight working with such dedicated colleagues and I am delighted with the international response.  It’s a great and unique opportunity to liaise with overseas colleagues in Australia on global immigration issues affecting Commonwealth nations."

The conference, months in the planning is dependent on enthusiastic Sydney members working tirelessly organizing local and international guest speakers, programming, entertainment, catering, accommodation and logistics.

Acknowledgements: Special thanks go to David Bitel, David Prince, Katie Malyon, Erskine Rhodan and Anne O’Donoghue, members of the Sydney organizing committee for their dedicated work and ongoing efforts to make the ILAA Sydney Conference a success; a special mention to the ILAA chair Maria Jockel and Joe Forbes, Administrator Law Council of Australia.

Background: Established in 2003, ILAA was jointly founded by Glenn Ferguson former President of LCA, now MD of Ferguson Cannon Lawyers and former executive member of the International Law Section of the LCA and Anne O’Donoghue, now MD of Immigration Solutions Lawyers.  Two years later ILAA joined forces with the LCA and is now part of the International Law Section of the LCA.


Seven Solid Reasons For Using A "Registered Immigration Attorney"

There are dozens of reason for wanting to move to Australia.  One is predominantly our relaxed lifestyle.  Wikipeida claims Australia has one of the highest standards of living in the developed world, driven by a thriving economy and a GDP that rose from US$994.25 billion in 2009, to a whopping US$1.219 trillion. According to Economy Watch, that's a staggering 22.68-percent increase.

Over all Australia's per-capita GDP is higher than the UK, Germany or France in terms of purchasing power.

The average, middle-aged Australian has a yearly worth of about $350,000 and Australians per capita are some of the wealthiest in the world.  In fact Australia has the highest ratio of assets to population than any country and the government debt to GDP is the lowest among OECD countries.

According to the CIA’s Word Factbook, the Australian government could return to surpluses as early as 2015.  Over the next 5 years Economy Watch predicts a steady growth at 4.81 to 5.09 percent annually.

Australia is also ranked third in the 2011 Economic Freedom Index behind Honk Kong and Singapore and continues to provide an ideal environment for business opportunities.

Now this great land of opportunity has become one of the most popular destinations in the world for students, job hunters and migrants eager to be part of the Australian dream.  So how do we get the ball rolling?

The first thing to do is contact your local Australian Department of Immigration of Citizenship office; get as much information as you can so that you may begin the process of gathering all the required documents and information needed when applying for a visa. 

If you’re thinking of migrating to Australia and you want to hire an attorney or agent, the Department of Immigration and Citizenship (DIAC) recommends using a registered migration agent or a registered law firm like Immigration Solutions to handle specific application needs.

It is important to note that you do not need to retain an immigration attorney or a migration agent when lodging a visa application, but it may be prudent when negotiating a maze of red tape.   Sometimes the complexities of lodging the correct visa with pertinent information, may signal your application would more easily handled by an immigration attorney. 

To find out if your immigration attorney or migration agent is registered, log onto Office of the Migration Agents Registration Authority’s (Office of the MARA), website at: http://www.mara.gov.au.  This is where all immigration attorneys and migration agents must be registered.  Here you can check their current status, credentials and relevant information. 

You can also work out their years of experience by looking at their registration number on the MARA website.  If the first two digits of their registration number (which must also be displayed on their website) begin with “92” you know their experience dates back to 1992, when registration first began.  Those registered in 2011 will bear the number “11”.

In many instances it is best to use a MARA registered immigration attorney.  Some cases can be complicated with serious implications and impediments for desired entry into Australia. 

Head of Immigration Solutions Anne O’Donoghue says, “Immigration law is a massive and horrendously complicated area of the legal system”.

“Immigration lawyers benefit their clients and the public interest by helping to reunite families, delivering economic benefits through skilled and business migration and protecting those in danger through humanitarian programs.” 

Here are seven solid reasons for using a registered immigration attorney:

  • Each year registered immigration attorneys are required to undergo continuing education to maintain their license.
  • In complicated matters getting the appropriate visa can mean the difference between deportation and continuing/starting a new life in Australia
  • Appealing a rejection will potentially cost way more than going with a lawyer first up and getting the application right from the beginning
  • A registered immigration attorney with specialist accreditation from his/her State Law Society has a greater understanding of complicated immigration matters and is more able to assist with legal complexities
  • All Immigration lawyers are bound by the Immigration Lawyer’s Association of Australasia (ILAA) Code of Conduct plus the Office of the MARA Code Of Conduct – breaches of any kind can result in suspension or disbarment
  • Applicants using registered immigration attorneys enjoy “attorney - client privilege”.  This assures confidentiality and encourages, “full and frank” disclosure without fear of repercussions.  Honest discussion can expedite a case. The clients of non-lawyer migration agents have no such protection 
  • Immigration law is becoming so complex it now requires lawyers to specialize in certain areas of immigration law.   This makes them better able to handle complicated issues when they arise

Please note: Registered immigration attorneys and registered migration agents cannot accept bribes; nor can they bribe an immigration official on your behalf.   This is against Australian Law.  All registered attorneys and agents must also carry indemnity insurance for the protection of applicants.

Below is an ImmiTV vdieo to help you get started.  In the video segment the word "agent" is used to enompasses both immigration attorneys and migration agents. MARA makes no distinction between the two and all rules and regulation apply to both.

Courtesy: ImmiTV

Offshore immigration attorneys and migration agents are not regulated by Australian law and do not need a license to operate.  That means there is no accountability to Australian authorities and little recourse if anything goes wrong.  Using overseas agents that are not registered with MARA can be tricky and some may not have appropriate knowledge of Australian immigration requirements or meet DIAC standards.

According to the Office of the MARA there are approximately 170 "licensed" offshore migration agents on their website.  If you can’t find a registered offshore agent in your country, contact a MARA immigration attorney or migration agent in Australia.  Many can be reached by email, landline and/or Skype.

If you prefer “face to face” contact, nowadays visa application interviews can be conducted via webcam or Skype with ample opportunity to discuss your requirement in a "one on one" interview process.

Before you engage an immigration attorney or migration agent go to the Office of the MARA website and take a look at their detailed fee schedule.  This will give you an idea of what you can expect.  Fees are quoted in Australian dollars with GST (Goods and Services Tax) included.  Fees can and do vary widely depending on whether you engage an immigration attorney or a migration agent.

During your first meeting, remember to ask about: years of experience working with DIAC and the amount of Australian migration cases he or she has successfully handled.  Where possible ask to speak with satisfied applicants.

If you retain an immigration attorney or registered agent, do get a statement of services and a written quote up front.  Also be clear on what services are included in those fees.

Let DIAC know that you’re using a registered attorney or registered migration agent.  You can do this in a formal letter or have your attorney or agent fill out and mail Form 956.

Keep all your emails plus original documents and confirm all your instructions and discussions in writing.  You need to stay involved in the process and make notes of what transpires during phone calls and meetings.  Keep a log of minutes and hours spent with your agent, this all translates into money.

If you have no access to a computer and there are no MARA registered immigration attorneys or migration agents in your country, get someone local who is accredited in local immigration law and policies.  A personal recommendation from a friend or someone who has used the lawyer or agent’s services would be helpful.

Finally, if your application is refused, engage an immigration attorney to fight for you.  DIAC will let you know if you have a right of review to a tribunal - the Migration Review Tribunal Refugee Review Tribunal.  Tribunals can review decisions made by DIAC.  For more information on tribunal reviews go to: http://www.mrt-rrt.gov.au

 

 

5th Biennial Global Immigration Conference

We are proud to announce that our principal lawyer, Mrs Anne O'Donoghue, will be joining the panel of speakers for the "Entrepreneurs and Investors" session at International Bar Association's 5th Biennial Global Immigration Conference.

The Conference will be held in London from the 21st to the 23rd of September 2011. 

A dialogue and discussion of this topic at an International forum is important and highly relevant at the wake of the share market's drop in early August. 

Prominent commentators around the world, especially in the United States, highlighted the importance of assisting immigrant entrepreneurs to reside in their country in order to boost their economy. 

We wish all the panel speakers luck and have the most lively discussion!

Shortage of Lawyers in the RRR areas and Unemployment in Ireland

Our principal lawyer, Mrs Anne O'Donoghue was interviewed last night on 2UE's Legal Matters with Tim Shaw. Click here to listen to the interview

Mrs O'Donoghue was interviewed following the publication of the article "Plea goes out for lawyers, to be sure" by Natalie O'Brien in the Sun Herald. 

She addressed the issue of Australia's shortage of lawyers in the Rural area and how Ireland's high unemployment rate is affecting the legal industry.

The Law and Justice Foundation Paper on "Recruitment and Retention of Lawyers in Rural, Regionial and Remote New South Wales: Summary Report" indicated that the more remote the area, the higher the likelihood of recruitment and retention problems arising.

According to the report, in the Far West region of NSW, there are currently only 10 private and public solicitors in the region (which means one resident solicitor for every 2,000 persons). Furthermore, in the North Western and Murrumbidgee regions of NSW, there are currently only one resident solicitors for every 1,000 persons. 

On a different matter, the number of unemployment in Ireland rose from 443,900 in May to 446,800 in June. That is approximately 14.2% out of their population of 4,450,446.

Furthermore, according to Law Society of Ireland's director general Ken Murphy, there are currently 1,000 to 1,300 unemployed solicitors in Ireland. 

With the over-supply of lawyers in Ireland, Mrs O'Donoghue illustrated how that can be the solution of Australia's current shortage of lawyers in the Rural, Regional and Remote areas. 

However, Australia's immigration policy and rules of legal admission for foreign lawyers to be admitted in Australia is making the process more complex and difficult. 

For example, Irish lawyers who have been admitted in Ireland (regardless of how long they have practiced in Ireland) need to still undertake Ethics and Trust Accounting subjects before they can be admitted in Australia.  

Irish lawyers who have not been admitted in Ireland need to complete an equivalent of Practical Legal Training in Ireland before they complete the unexempted aspects of Australia's Practical Legal Training requirement leading up to their admission in Australia. 

For some visas (General Skilled Migration and 856 Employer nomination schemes), admission in Australia is a requirement for them to practice as a solicitor, as it is considered their skills assessment. 

Furthermore, the Solicitor's Regulation Authority in England and Wales has reportedly entered into negotiations with the Law Society of Ireland to set up a training module for Irish solicitors as it was recorded that more and more Irish solicitors are applying to practice in the UK as recession takes toll. 

Mrs O'Donoghue is suggesting that Australian lawschools could start a conversation with Irish lawschools to see whether or not a more streamlined process of education can be implemented. Currently, Ireland's universities are listed in the Top 200 World Universities Rankings of 2010.

Anne O'Donoghue in the International Who's Who of Corporate Immigration Lawyers 2011

Congratulations to our principal lawyer, Mrs Anne O'Donoghue who has been included in The International Who's Who of Corporate Immigration Lawyers 2011.

We also want to congratulate the other Australian lawyers included in the list:

Mr Matthew Amoils from ASG Immigration
Ms Rita Chowdury from Baker & McKenzie
Mr Arnold Conyer from Diamond Conway
Mr Nigel Dobbie from Dobbie and Devine Immigration Lawyers
Mr Robert Walsh from Fragomen Del Rey Bernsen & Loewy LLP
Ms Katie Malyon from Katie Malyon and Associates
Mr David Bitel from Parish Patience Immigration Lawyers
Mr Michael Snell from Stirling Henry Global Migration

Congratulations everyone, we wish you all the best in the future. 

Sick Bangladeshi girl to be kicked out of Australia.

Nearing the end of 2010, our office decided to take on a pro bono matter of a little Bangladeshi girl who was born with most of her internal organs on the outside of her body (exomphalos).

Despite our best and genuine effort in trying to help the little girl and her family, we find that it is hard to win an unfair match. 

We lodge a second Ministerial Intervention request which according to the guideline:

In limited circumstances, a repeat request may be referred to me where the department is satisfied there has been a significant change in circumstances which raise new, substantive issues not previously provided or considered in a previous request...

In the first Ministerial request lodged by another lawyer, no medical evidence were provided, therefore we lodge a second Ministerial request raising the medical issue supported by comprehensive medical evidence.

Our second Ministerial were not referred to the Minister and was refused as they claim that there has been no significant change in circumstances. 

Upon further investigations, we found out that during the first request, the Department referred the case to the Chief Medical Officer of the Commonwealth (CMOC) who assess the health issue. The matter was then referred back to the CMOC during the second request who did not change his opinion, therefore ruling out the existence of a 'significant change of circumstances'. 

It is important to note that when we ask DIAC to provide us with all documents relating to the applicants under the Freedom of Information Act, there were no CMOC opinion provided to us. Therefore, we never knew that the matter was referred to the CMOC during the first Ministerial request. 

We have lodged a third request to the Minister. 

It is inhumane to return a child suffering from such severe condition to a country where the medical facilities are poor and underdeveloped. 

To read the coverage of the story in the media, please click here and here.

 

 

Our International Network!

Immigration is very much a global issue. That's why our law firm kept close links to the best Immigration Lawyers in the world. To get referred to the best Immigration Lawyers in Canada, New Zealand, United States and United Kingdom, send us an e-mail!