Updated processing times for Contributory Parent Visas

Blog & Articles, Migration Law

On 2 September 2022, the Australian Government announced that the planning level of Parent visas (both contributory and non-contributory) in the 2022-2023 Migration Program will increase from 4500 to 8500.

 

However, there is no certainty in processing times for Contributory Parent visa applications (onshore and offshore) as these visa applications are subject to capping and queueing. The Department of Home Affairs estimates that new Contributory Parent visa applications lodged that meet the criteria to be queued are likely to take at least 12 years to be released for final processing.

Please contact us if you would like any further information on Parent visa options.

 

Parent visas queue release dates (homeaffairs.gov.au)

Why should asylum seekers seek expert legal advice?

Blog & Articles

How important is it for asylum seekers to seek expert legal advice and representation?

 

According to an article published in The Conversation*, asylum seekers with legal representation are seven times more likely to succeed before the government tribunal tasked with reviewing refugee cases than those who represent themselves.

 

The Administrative Appeals Tribunal (“AAT”) considers applications for review of decisions by the Department of Home Affairs to refuse Protection visas. This is a second chance, where applicants have the opportunity to put further documents and information before the AAT member. This is often the last chance that asylum seekers have to ensure their claims for protection are adequately articulated before the AAT. These are cases of life and death.

 

While correlation is not causation, these are certainly interesting statistics.

 

As such, we strongly encourage asylum seekers to seek professional legal advice, to ensure the best possible case is put forward. The lawyers at Tang Law have substantial experience with Protection visa applications. Please do not hesitate to give us a call today on (08) 9328 7525 if you would like to know more.

 

*How refugees succeed in visa reviews: new research reveals the factors that matter (theconversation.com)

Superannuation Splitting for Western Australian De Facto Couples

Blog & Articles

Where Superannuation increasingly forms a significant portion of a couple’s nest egg, Tang Law is pleased to hear Western Australia has come in line with the rest of Australia and de facto couples in Western Australia will be able to split their superannuation as part of their property settlement.

 

The ‘Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020′ (the Act) provides de facto couples with the ability to transfer a portion of their superannuation to the other party as part of their property proceedings.  This will provide De Facto partners with more options and greater flexibility in how they wish to divide their property after separation.

 

Property Proceedings and Superannuation

Property proceedings in the Family Law context refer to the division of assets after a couple has separated.

In Family Law property proceedings, Superannuation is treated as a special type of property as it is held in a Superannuation fund.

 

Super Split

Previously, only married couples have the option of providing a portion of their superannuation to the other spouse as part of their property proceedings. This is often called a ‘Super Split’.

The ‘Family Court Amendment Bill 2022’ (‘the Bill’) was introduced into the Western Australia Parliament on 6 April 2022. The bill, if passed, would give de facto couples the same ability as married couples to conduct a super split.

This long-anticipated reform would allow de facto couples in Western Australia to split their superannuation and achieve a fair division of assists in the event their relationship breaks down.

 

Updates in September 2022

On 28 September 2022, the ‘Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020’ (the Act) was passed into law and is now in effect.

The Act allows De Facto couples to now split their superannuation as part of property settlement if the Court determines it to be just and equitable to do so.

In order to be eligible for a split, the Da Facto couple must meet at least one of the following conditions:

     (1) There has been a de facto relationship for at least 2 years;

     (2) There is a child in the relationship and failure to make the order for a superannuation split would result in a serious injustice to the partner responsible for the care of the child;

     (3) One party made substantial contributions to the relationship and failure to make an order for a superannuation split would result in serious injustice to that party.

 

Further Assistance

Separating from your partner can be a very difficult time for many and the law surrounding what happens after separation can be daunting.

If you, or anyone you know, have separated from a de facto partner or spouse and would like advice in relation to children, property, or just what happens next – we endeavour to help you come to a resolution for your situation.

Please do not hesitate to give us a call today on (08) 9328 7525 to book in a consultation with one of our experienced Family Lawyers.

Tang Law as Finalist for 2022 Attorney General’s Community Service Law Awards

Blog & Articles

This year, the Awards were announced by the Hon John Quigley MLA on 30 September at Crown Towers Perth, and hosted by the Law Society of Western Australia.

 

The Attorney General’s Community Service Law Awards recognise the outstanding pro bono work of an individual, legal firm, non-profit organisation and Legal Aid private practitioner panel member, made to the Western Australian community.

 

Our team are humbled to be recognised for our contribution and be named among other reputable firms! We further strive to excel in our services whilst giving back to the local and broader community.

Extraordinary Driver’s Licence

Blog & Articles, Criminal Law

Losing your driver’s licence can be a frustrating and disruptive experience. It creates difficulties with your mobility that can impact your employment and place a burden on family and friends. In many instances you are left with no choice but to use public transport that can be time consuming, impracticable, and inconvenient.

If you have had your licence suspended or cancelled by a court, you may be eligible to apply for an Extraordinary Driver’s Licence.

 

What is an Extraordinary Driver’s Licence?

In Western Australia, an extraordinary drivers’ licence, also known as an ‘EL’, ‘EDL’ or ‘e-licence’, is a licence granted by a court allowing someone who has been disqualified from holding or obtaining a driver’s licence to drive under specific circumstances.

 

Am I eligible to apply?

You can apply for an extraordinary licence if your licence has been suspended or cancelled by a Court for offences such as:

    • drink driving
    • driving under the influence of drugs or alcohol
    • driving while disqualified
    • reckless driving
    • disqualification for an alcohol interlock offence

Unfortunately, not everyone who has had their drivers licence disqualified or suspended may apply for an extraordinary licence. Below are instances where a person will not be eligible to apply:

    • If you have received a roadside disqualification notice from the police.
    • If your licence has been suspended due to excessive demerit points (including double or nothing).
    • If your licence has been suspended due to non-payment of fines or infringements.
    • If your licence was disqualified or suspended in another State.
    • If an application for an EDL has been refused by the court within six (6) months.

 

When can I make an application?

Applications can only be made after the waiting period from the date of your disqualification. Waiting periods begin from 21 days but can be as long as 4 months depending on the type of the disqualification you have received.

For demerit point suspensions and immediate roadside disqualification, you must wait until the end of the period stated in the notice before you are eligible to make an application.

 

Granting an Extraordinary Licence

The court will consider a number of issues in deciding your application. However, a court can only grant an extraordinary licence if without your licence:

    1. You cannot do your job; or
    2. You will lose your job; or
    3. You are unable to access urgent medical treatment for an existing illness suffered by yourself or an existing family member.

Other matters the court will take into consideration in your application:

    • The safety of the public: The court will look at your driving history and nature of the offence to determine how your conduct may affect other road users.
    • Your character: The court will want to see evidence of your good character. Having a responsible person present (eg. your employer) to support your application will help establish good character. Written character references are helpful but may or may not be considered by the court.
    • The nature of the offence that led to your disqualification: You will need to be able to explain the circumstances that led to you losing your licence.
    • Your conduct since disqualification: The court will want to know if during your disqualification period if your employment situation has changed and if you have had any further convictions or charges laid against you.
  • If you were disqualified for drink driving, evidence that you have changed your drinking habits or attended any relevant alcohol or drug counselling will be relevant.

 

    • The degree of hardship on you or your family if the court does not grant you an EDL.
      • If the court refuses to grant you an EDL will this:
        • Deprive you of obtaining an income?
        • Stop you from travelling to your job or a family member from travelling to their job?
        • Stop you or a family member from accessing urgent medical treatment for an illness?

 

What evidence will I need to show the Court?

You will need to attend court on your allocated hearing date. At the hearing you need to provide relevant information, documentation, and evidence in support of your application to assist the court to understand how you are being affected by the loss of your driver’s licence.

Examples of relevant documents are:

    • Bank statements
    • Medical reports
    • Letter from employer
    • Proof of financial position
    • Mortgage or rental payments

You will be asked to give sworn evidence to the court. This can be a stressful and daunting task; however our lawyers can represent you in court and guide you through the process.

 

Conditions of EDL

If the court grants you an extraordinary licence, this does not mean you can drive as you would normally do when holding your normal driver’s licence. In many cases, the court will attach restrictions. Some common restrictions are:

    • The days on which you are allowed to drive
    • The hours during which you can drive
    • The places you can drive to and from
    • The purposes for which you can drive (work or medical reasons)
    • Meeting the requirements of the Alcohol Interlock System (If you are under suspension for an alcohol interlock offence)

 

How to apply

For the best possible outcome in your EDL application, contact our friendly team of Traffic and Criminal lawyers at Tang Law. Our lawyers are experienced in guiding you through what can be a complicated process, and put forward the best case to get you back on the road. Get in touch with us today via phone (08) 9328 7525.

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