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Migration practice essentials: character & beyond primary decisions - on-demand

Course ID ID21005_BUS1

  • Online
  • 6.5
  • Foundation
  • 6 CPD POINTS

This on-demand material was recorded on 18 March 2021

Are you an Australian lawyer interested in practising immigration law?

Now that the Migration Amendment (Regulation of Migration Agents) Act 2020 has been fully implemented, since 22 March 2021 all Australian legal practitioners are able to provide immigration advice to clients without having to be registered as a migration agent. 

The College of Law and leading Immigration Law Accredited Specialist, Peter Papadopoulos have teamed up to provide you with ‘Migration Practice Essentials’, a course program targeted towards migration lawyers and other legal practitioners seeking to diversify their practice. The course program comprises three parts/courses which can be purchased on a stand-alone basis or in any multiple combination:

  • Part 1 - Practice Skills and Ethics – on-demand (4 hours). To find out more about this course, click here
  • Part 2 - Visa Fundamentals – on-demand (6 hours) To find out more about this course, click here
  • Part 3 - Character and beyond primary decisions – on-demand (6 hours).  

At the end of the third part of the course program covering Character matters, Merits review, Judicial review and Ministerial intervention, you will: 

  • Understand visa refusals and cancellations on character grounds 
  • Handle merits review of migration decisions in the Administrative Appeals Tribunal
  • Understand the migration jurisdiction in the Federal Circuit Court, Federal Court and High Court
  • Be able to identify common grounds of judicial review in migration matters
  • Effectively prepare for a judicial review application for a migration matter
  • Understand recent and pending case law developments and apply these to your migration law practice
  • Be able to improve your merits and judicial review advocacy skills
  • Understand how and when to lodge a persuasive Ministerial intervention request 

Feedback from past attendees: 

  • “Content from Peter, Bridget and Cathrine was excellent. I am yet to appear at the AAT although have picked up many tips on how to approach these matters in the future.”
  • “A well-presented seminar with a good practical focus.”
  • “Reuben’s presentation was excellent. Peter’s very good too.”
  • “The expertise was highly commendable, quality information; they were all good but Katherine and Reuben stood out for me.” 

At the end of this on-demand course, you may claim 6 CPD points. Please consult the CPD rules for your State/Territory to ascertain how many CPD points you can claim for private study of audio/visual material during the CPD year.  

Due to new reporting requirements introduced by the Legal Practice Board of Western Australia on 1 April 2021, practitioners holding WA practising certificates are not currently eligible to claim CPD points for attending this course.

Price

Full Price $594.00

Alumni/Member Price $534.60

Dates

Start date:

01 April 2021

End date:

30 June 2022

Presenter biography

Peter Papadopoulos Peter Papadopoulos Accredited Specialist, Immigration Law

After graduating with Honours in Law and Commerce at The University of Melbourne and completing his articles of clerkship at Arnold Bloch Leibler, Peter was admitted to practice in 1996. He has worked at Mallesons Stephen Jaques (now King Wood Mallesons) and Gadens Lawyers. He has also worked as a Director of Global Immigration at Ernst & Young. Currently, Peter runs his own specialist migration law practice in both Sydney and Melbourne. He is the General Editor of the LexisNexis online and looseleaf Australian Immigration Law publication. Prior to the end of the dual regulation of migration lawyers which took effect in March 2021, Peter had been registered as a migration agent since 1997.

Peter is recognised by the Law Society of New South Wales as an Accredited Specialist in Immigration Law. Since 2011, Peter has been voted by his peers as one of Australia's best immigration and civil rights lawyers and has been included on the annual Best Lawyers International list for Australia. He is a member of the Law Council of Australia’s Federal Litigation and Dispute Resolution Section Executive and an active member of the Migration Law Committees of the Law Council of Australia and the Law Institute of Victoria. He is also a member of the Migration Advice Industry Advisory Group established by the Assistant Minister for Customs, Community Safety and Multicultural Affairs, the Hon Jason Wood MP.

Since 1999, Peter has been actively involved in continuing legal education through his preparation and presentation of CPD programs for the Council of Australasian Tribunals, Law Council of Australia, Australian Institute of Administrative Law, The College of Law, Law Institute of Victoria, Law Society of Western Australia, Migration Practice Essentials and Lexis Nexis.

 

Alice Graziotti  Alice Graziotti Senior Immigration Adviser and Lawyer, Estrin Saul Migration Specialists

Alice is a senior immigration adviser, immigration lawyer and registered migration agent at Estrin Saul Lawyers, Western Australia’s largest specialist immigration law firm. She regularly provides advice and assistance with a variety of complex migration issues both at the Departmental and review stages, with a particular focus on section 501 (character) matters, good character (citizenship) issues, family violence claims and visa cancellation matters. She has appeared for clients at the Department stage and in the Administrative Appeals Tribunal, as well as in the Federal Court of Australia as instructing solicitor to Senior Counsel. She is one of the leading lawyers in Western Australia working in the section 501/character migration space.

She has presented numerous workshops and presentations relating to the character provisions or family violence provisions for the Migration Institute of Australia, the Law Council and the Law Society of WA and frequently provides pro bono advice to Law Access WA in relation to character cancellation matters. She also is a member of the Visa Cancellations Working Group.

 

Dr Bridget Cullen Dr Bridget Cullen Member, AAT Migration and Refugee Division, General Division

Member Bridget Cullen was appointed to the Administrative Appeals Tribunal on 1 July 2017, and is cross-assigned to the Migration and Refugee, General, and Veterans’ Appeals Divisions. Dr Cullen predominantly sits in the Migration and Refugee Division, and is the Chair of the Migration and Refugee Division’s Practice Directions Working Group, and oversights the MRD’s referrals to industry regulators, including OMARA.

Prior to her appointment to AAT, Dr Cullen spent 7 ½ years as a Legal Member of the Queensland Civil and Administrative Tribunal. Dr Cullen is a Nationally Accredited Mediator, and a registered Family Dispute Resolution Practitioner. She has law degrees from the State University of New York at Buffalo and from the Queensland University of Technology (QUT), and was admitted as a Barrister in Queensland in 2000. Dr Cullen is an Adjunct Professor of Law at Griffith Law School, where she teaches evidence law. She was the recipient of the 2019 Women Lawyers’ Association of Queensland Leneen Forde AC Woman Lawyer of the Year award.

 

Cathrine Burnett-Wake Cathrine Burnett-Wake Member, AAT Migration and Refugee Division, General Division

Cathrine was appointed as a full-time member to the Administrative Appeals Tribunal in December 2017. Prior to her appointment she worked in private practice as Registered Migration Agent for 15 years in Australia and the UK and was director of a law firm specialising in immigration law.

Additionally, Cathrine was a long-serving volunteer of 12 years at Casey Cardina Legal Service, providing migration advice with a focus on assisting CALD women on temporary visas experiencing family violence. Cathrine is a graduate of the ANU, completing a LLM (Migration) and was awarded the Fragomen Prize for attaining the highest academic results in her graduating year. She is a published author on migration matters and over the years has been a regular contributor to government led migration issues, providing written submissions and verbal evidence.

Cathrine is also a film producer with her most recent released short-film, 'The last time I saw you,' a story about a young Hazara refugee and her difficulties fitting in socially, currently on the international film circuit which has taken out numerous awards internationally and at home in Australia, including being runner up at Tropfest.

 

Reuben Saul Reuben Saul Partner, Estrin Saul Migration Specialists

Reuben Saul is a lawyer with significant experience across a wide range of Australian immigration and citizenship matters. He has managed teams of refugee lawyers under the Australian government’s Immigration Advice and Application Assistance Scheme (IAAAS), obtained working visas for businesses and assisted individuals with family reunion and General Skilled Migration. Reuben regularly represents clients before the Immigration Assessment Authority (IAA), the Administrative Appeals Tribunal (AAT), and the Federal Circuit Court and the Federal Court of Australia. Reuben often delivers continuing professional development training sessions on complex migration matters to other migration lawyers and agents.

 

Katherine Hooper Katherine Hooper Barrister, Nine Wentworth Chambers

Katherine was admitted to practice in 2006 and called to the Bar in 2019. She accepts briefs in all areas of public and commercial law. Katherine’s principal area of expertise is in public/administrative law. She regularly appears both led and unled in all Federal and State courts and tribunals. Prior to being called to the Bar, Katherine retained the carriage of a variety of significant and complex matters for the (now) Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, including:

  • Appeals by the Minister raising issues concerning the construction of the procedural code governing the Immigration Assessment Authority, and the application of legal unreasonableness to the Authority's discretionary powers: Minister for Immigration & Border Protection v CRY16 (2017) 253 FCR 475; Minister for Immigration & Border Protection v DZU16 (2018) 253 FCR 526.
  • Proceedings challenging the legality of a Practice Direction of the Immigration Assessment Authority, in which Katherine appeared as solicitor advocate: DGZ16 v Minister for Immigration & Anor [2017] FCCA 623; appeal dismissed DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551.
  • Instructing the Solicitor General of Australia in proceedings before the High Court of Australia, including a successful appeal by the Minister in a matter involving whole of Commonwealth implications: Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164.
  • Instructing Senior Counsel (Stephen Gageler SC, now a Justice of the High Court of Australia) on behalf of the Minister: SZFDV v Minister for Immigration and Multicultural and Indigenous Affairs (2007) 233 CLR 51.

In 2016, 2017, 2018, 2019 and 2020 Katherine was named as one of the AFR's best lawyers in Australia in the categories of Government Practice and Immigration Law.

 

Claiming CPD units

If you intend to claim CPD units for this educational activity, please note that CPD activities are not accredited by the Law Society of NSW or any other equivalent local authority. If this educational activity extends your knowledge and skills in areas that are relevant to your practice needs or professional development, then you should claim one (1) "unit” for each hour of attendance, refreshment breaks not included. The annual requirement is ten (10) CPD units each year from 1 April to 31 March. Some practitioners, such as accredited specialists are required to complete more than ten (10) units each CPD year.