Reading Program. Copyright Agape-Henry Co 3/20/18 Intensive Reading Program

Transcription

1 Reading Program Copyright Agape-Henry Co 3/20/18 Intensive Reading Program

2 Table of Contents Week Week Principles of Administrative Law... 2 General Requirements... 2 Temporary Entrant... 2 Business Migration... 2 Week Public Interest Criteria... 3 Schedule 3 Criteria... 3 Skilled Migrants... 3 Member of Family Unit... 4 Week Migrant Entry... 4 Compliance and Client Contact... 4 Week Change of Status... 4 Week Family visas... 5 Week Refugee and Humanitarian Entry... 6 Week Return Resident Visas... 6 Detention, Cancellation & Compliance... 6 Week Review of Migration Decisions... 7 Week Citizenship... 8 Week Regulations of Migration Agents... 9 Week Responsibility of Lawyers... 9 Week Other Issues... 9 Week P age

3 Week 1 1. Constitutional Basis for Migration Law 2. Fundamental Principles including the legislative framework 3. Understanding the use of LegendCom 4. Understanding changes in law and transitional arrangements 5. Definitions contained in the Migration Act and Regulations 6. Understanding other relevant laws and international conventions in relation to Migration Law Week 2 Principles of Administrative Law 1. Rules of Natural Justice and Procedural Fairness 2. Concept of Jurisdictional Error 3. Concept of Ultra Vires General Requirements 1. Schedules 1 to Visa Conditions 3. Criteria for a valid application; application fee, base charge, subsequent temporary application charges, credit card surcharges etc. 4. Classes and Subclasses for Visas 5. Difference between time of application and time of decision criteria 6. Method and place of lodgement of applications 7. Second VAC Temporary Entrant 1. Visitor Visas different streams 2. Student Visa 3. Genuine Temporary Entrant Requirement 4. Streamlined visa processing 5. Temporary Residents such as Subclass 407, 482 etc. 6. Sponsorship obligations 7. Employer Sanctions 8. Specialist Temporary Entry / Skilled Temporary Visas 9. New Zealand Citizens 10. Relevant Merits and Judicial Review Decisions 11. Miscellaneous Temporary Entrant Categories Medical Treatment, Dependent child etc. 12. Labour Agreements 13. Occupation list 14. English Requirement Business Migration 15. Business Innovations Visas 2 P age

4 16. Investor Retirements Visas 17. Business Skills Points Test 18. Processing Directions 19. Occupation list 20. Skill Select EOI 21. English Requirement Week 3 Public Interest Criteria 1. Health criteria a. Applicability of Waiver b. Role of the Medical Officer of the Commonwealth c. Scope of the review authority of the MOC s opinion 2. Character Requirement 3. Debts due to the Commonwealth a. Migration related debts removal/detention b. Other debts c. Applicability of Waiving Debts 4. Other Risk Factors 5. National Interest considerations 6. Exclusion periods and waiver requirements 7. Australian Values Statement 8. PIC 4020 Schedule 3 Criteria 9. Schedule 3 Skilled Migrants 1. Skilled Graduate Visa, Skilled Recognised Graduate Visa, Independent Skilled, Family Sponsored, State/Territory Nominated 2. Skilled Migration Visa 3. Employer Nomination Scheme (ENS) 4. Regional Sponsored Migration Scheme (RSMS) 5. Nomination requirements for ENS/RSMS r Distinguished Talent Visa 7. Points Test including role of relevant assessing authorities 8. Publications, guidelines of relevant assessing authorities 9. ANZSCO definitions 10. Occupation list 11. Skill Select EOI 12. Australian Study Requirement 13. English Requirement 14. Relevant Merits and Judicial Review Decisions 3 P age

5 Member of Family Unit 1. Definition of Carer 2. Definition of Member of Family Unit 3. Partner 4. Spouse 5. Child 6. Definition of Dependent Week 4 1. Registration of Migration Agents 2. Codes of procedure dealing with visa applications including time limits 3. Period of validity of visas Migrant Entry 4. New Zealand Citizens 5. Special Categories including former citizen, former resident 6. Quotas, capping and priorities 7. Relevant Merits and Judicial Review Decisions Compliance and Client Contact 8. Code of Conduct for Migration Agents 9. Professional conduct and practice rules 10. Assisting in completing applications 11. Solicitor s responsibilities for bona fides of applications 12. Issues of privilege 13. Solicitors lien on documents 14. Use of solicitor s trust account 15. Relevant merits and judicial review decisions Week 5 1. Exclusion periods 2. Limitations on Sponsorship or nomination a. Family Related b. Guardian of a child c. Business Sponsorship d. State or Territory nomination 3. No further stay conditions and provision for waiver Change of Status 4. Development of Options and Strategies 5. Validity 6. General Issues 4 P age

6 a. Limitations on applications Schedule 3, 4, 5 and 8, ss 41, 46A, 48, 48A, 48B b. Substantive Visa Requirements c. Assurances of Support d. old legislation/regulations/policy e. Substantial compliance issues 7. Occupational and business grounds 8. Offshore Refugee and Humanitarian visas 9. Onshore Protection Visas 10. Statutory Visas a. Absorbed person b. Special Purpose c. Criminal Justice d. Ex-citizen Visa e. Enforcement Visas 11. Employer Nomination 12. Business Skills/Business Innovation 13. Temporary Visas a. Temporary Resident b. Student c. Visitor d. Medical Treatment 14. Applications by unlawful non-citizens and holders of bridging visas Schedule 3 criteria 15. Processing of Applications a. Bridging Visas b. Change of Conditions c. Evidence required d. Effect of certain visa conditions on subsequent applications 16. Relevant Merits and Judicial Review Decisions Week 6 Family visas 1. Assurance of support and bond 2. Capping and queuing 3. Settlement criteria 4. Partner Visa a. Family violence, death of partner, parenting arrangements and other exemption provisions b. R 2.12 c. Effect of section 48 d. Consequential policy amendment in relation to Sch 3 criteria and waiver 5. Child Visa 6. Parent Visa 7. Contributory Parent Visa 8. Orphan Relative Visa 9. Aged Dependent Relative Visa 10. Remaining Relative visa 5 P age

7 11. Adoption Visa 12. Carer Visa Week 7 Refugee and Humanitarian Entry 1. General a. Refugee Convention and Protocol b. Convention against Torture c. ICCPR d. Convention on the Rights of the Child e. Definition of Refugee f. Stateless Persons 2. Offshore a. Unauthorised maritime arrivals and transitory persons b. Refugee Subclass 200 c. Special humanitarian programs subclasses d. Approved proposing organisations e. Temporary safe haven visas 3. Onshore a. Protection visas b. Temporary protection visas c. Safe haven enterprise visas d. Temporary humanitarian e. Complementary protection Week 8 Return Resident Visas 1. Authority to Return 2. Return Endorsements Detention, Cancellation & Compliance 3. Powers of Entry, Search and Examination 4. Mandatory detention of unlawful non-citizens a. Release from detention, bridging visas, wrongful detention b. Questioning detention 5. Mandatory removal of unlawful non-citizens a. Personal identifiers b. Costs of detention, removal and deportation, recovery 6. Offences under the Migration Act a. People trafficking 6 P age

8 b. Contrived relationships c. Offences relating to work, including civil penalty provisions 7. Powers and Procedures for Cancellation Div 3, Subdivisions C-H of Migration Act a. S 109 Incorrect Information b. S 116 and 128 General c. S 134 Business Visas d. S 134B Emergency Cancellation on Security Grounds e. S 116 Student Visas f. S 137Q and 137T Consequential Cancellation of Regional Sponsorship Employment Visas g. Temporary Safe Haven Visas s 500A 8. Character s 501, 501A, 501B, 501F and s 502 a. Refusals including those by the Minister personally b. Cancellations including those by the Minister personally c. Review by the AAT 9. Criminal deportation 10. Relevant Merits and Judicial Review Decisions Week 9 Review of Migration Decisions 1. Choice of Remedy avenues of appeal and review 2. Merits Review a. Definition of reviewable decision b. Review powers and jurisdiction of the AAT c. Time limits d. Detainees e. Non detainees f. Ministerial discretion g. Requests to the Minister seeking his personal intervention Ministerial override of character decision by delegate or AAT under ss. 501A, 501B and 501C h. Relevant merits and judicial review decisions 3. Judicial Review a. Definition of judicially reviewable decision b. The privative clause c. Grounds for judicial review d. Time limits e. Powers of the Federal Court and Federal Circuit Court f. Role of High Court 7 P age

9 Week 10 Citizenship 1. Australian Declaratory Visa (ADV) 2. Australian citizenship 3. Status at birth 4. Automatic acquisition of Australian citizenship a. Persons born in Australia b. Citizenship by adoption c. Citizenship for abandoned children d. Citizenship by incorporation of Territory 5. Citizenship by Descent 6. Children born under offshore commercial and onshore non-commercial surrogacy arrangements 7. Citizenship by Adoption under the Hague Convention on Inter country Adoption 8. Citizenship by conferral a. Normal requirements b. Exemptions from the normal requirements c. Residence requirements and exemptions for conferral d. English language requirements and Australian values e. Citizenship test f. Personal identifiers 9. Persons of national security or character concern 10. Cancellation or deferral of approval 11. Cessation of citizenship a. Renunciation b. Revocation c. Service in enemy armed forces d. Children of parents who lose their Australian citizenship 12. Resumption of citizenship 13. Dual citizenship 14. Review of decisions 15. Transitional arrangements 16. Relevant merits and judicial review decisions 8 P age

10 Week 11 Regulations of Migration Agents OMARA s powers Appeal rights Migration agent regulations - Code of Conduct Consumer guide Criteria for registration CPD and English for migration agents Professional indemnity insurance Average fees charged Client contract Week 12 Responsibility of Lawyers 1. Legal Profession Legislation 2. Trust Accounting 3. Insurance 4. Ethics 5. Costs/Charging 6. Potential deregulation Week 13 Other Issues 1. Freedom of Information 2. Legal Aid and Pro Bono Scheme 3. Alternative avenues of redress a. HREOC b. Ombudsman c. MPs d. UNHCR 4. Privacy Commissioner 5. Relevant Merits and Judicial Review Decisions Lawyers Practising Overseas Week 14 Test Preparation 9 P age