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Strive-for-Excellence

Promotion of Mr Lee Allen

We are pleased to announce the promotion of our Lawyer, Mr Lee Allen, to Associate with effective on 1 November 2021.

We are truly honoured to have Lee in our team and we look forward to his continued success at our company.

Should you have any queries in regards to the content above, please do not hesitate to contact our office.

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Exciting New Changes at Australia’s Border

TANG LAW is pleased to hear of a selection of new, long-awaited updates to border policies in Australia.

International Borders Re-opening

On 1 October 2021, the Australian Government announced its intention to begin the gradual process of opening its international borders conditional on the success of the nationwide vaccination plan for States and Territories reaching 80% full vaccination rates.

NSW will kick off this process from the start of November, with fully vaccinated Australian citizens and permanent residents permitted to leave and re-enter the State still having to quarantine for 14 days and get a negative COVID-19 test within 72 hours upon arrival. These restrictions will be removed upon the state reaching 90% full vaccination levels. Those under 12 years old and exempt from getting the vaccinations will be receiving a ‘recognised vaccination’ permitting them to travel.

However, the implementation and quarantine arrangements of this policy will vary nationwide with many jurisdictions not due to reach the full vaccinate rates until December 2021 and some may enforce home quarantine programs on re-entering Australia. WA Premier Mark McGowan has stated to not expect the State will open its borders until 2022.

Temporary Visa Holders

Under these rules from November, those holding a temporary visa will generally be permitted to leave the country, but still subject to restrictions in re-entering Australia. The Australian Government has yet to make a decision on the following groups of visa holders:

  • Skilled visas;
  • Student visas; or
  • International visitors travelling under an ETA or international visa arrangement.

Therefore, travel to Australia will generally not be open to temporary residents during the initial stages of this border re-opening policy and such changes not expected to be introduced until next year.

Travel Exemptions Update

On 15 October 2021, Prime Minister Scott Morrison announced that parents of Australian citizens and permanent citizens will be classified as immediate family for purposes of travel exemptions to enter Australia.

This is great news for many families who have been seeking options for their mothers and/or fathers to join them in Australia since the start of pandemic restrictions from March 2020. These updates also come as hopeful news for many in time for Christmas celebrations!

The Migration team at TANG LAW has significant experience in preparing and lodging a variety of visa applications. If you would like to seek advice on your immigration options, give us a call today and we can help you find the best pathway for your migration journey to Australia.

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More Visa Options for Tourism and Hospitality Workers

Due to Australia’s current international border closure hospitality and tourism businesses, who usually rely heavily on temporary workers such as working holiday makers, have struggled to find workers to fill positions.

The Australian Government will now provide more support for Australia’s tourism and hospitality sectors by providing more visa flexibility to temporary migrants in Australia.

International students working in the tourism and hospitality sector will be given unlimited work rights. A 40-hour fortnightly limit previously applied during study periods.

Furthermore, temporary visa holders working in, or with job offers in, tourism and hospitality will be able to apply for the Subclass 408 COVID-19 visa, and will be able to remain in Australia for up to an additional 12 months.

Please contact the migration team at Tang Law if you would like to know more.


About Writer

Sophie Manera is a Partner and Registered Migration Agent at Tang Law. She practices exclusively in immigration law. She is also the Vice-President of the Migration Institute of Australia’s Western Australia State Committee.

Sophie represents visa applicants, sponsors and businesses in lodging applications, attending to complex migration matters, making submissions to the Department of Home Affairs, and representing applicants in the tribunals and courts.

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Deportation

What Should You Do If Your Australian Visa Is Cancelled?

Criminal Deportation/Visa Cancellation

Cancellation of visa (and deportation) is mandatory for people who are in prison and who failed the character testsection 501(3A) of Migration Act 1958.  A person who has been sentenced to imprisonment of 12 months or more (even if it is at any time in the past) will fail the character test.
This means deportations and cancellations of visas are now automatic, as it is mandatory, and moreover without notice.What should I do if I received advice from Department of Immigration that my visa is cancelled?

If your visa was cancelled as a result of your criminal conviction, you will have an opportunity to request for revocation of the cancellation decision.  However, you must do so within 28 days.   If you failed to apply within this timeframe, you will lose your opportunity.  Consequences are that you will be held in the detention centre until you are deported.
The decision of cancellation itself cannot be appealed, rather, you must apply within the timeframe to revoke the cancellation decision.  If you are successful, the cancellation decision will be revoked.  The effect of revocation is that the cancellation decision will be reversed and your visa reinstated.
In making the request for revocation of the cancellation decision, you should also make proper submissions and provide the Department with supporting materials regarding your personal circumstances and persuade the Department to revoke the cancellation decision.  

What submissions to make in requesting for revocation of visa cancellation?

Whilst the decision-maker has the discretion to decide whether to revoke a mandatory visa cancellation, the decision-maker must take into account primary considerations:
  1. Protection of the Australian community from criminal or other serious conduct.  This involves giving consideration to the nature and seriousness of your conduct to date and risk to the Australia community should you further engage in other serious conduct.
  2. The best interest of minor children in Australia.  This consideration is only relevant if there is a child under 18 years old at the time the decision whether to revoke the mandatory cancellation is expected to be made.
  3. Expectations of the Australian community.  This consideration involves determining whether there is an unacceptable risk that you will re-offend or engage in serious conduct again.
The decision maker also has to take into account other relevant considerations such as the strength, nature and duration of ties you (and your family) have to Australia, impact on Australian business interests if your visa is cancelled, the extent of any impediments that you may face if you are removed from Australia to your home country in light of your age, heath, language or cultural barrier, etc.

What materials should I provide in support of my request for revocation?

This depends on your circumstances and which considerations are most relevant to your situation.  In a very general nutshell, you may need to provide independent support documents such as character references, expert reports, pre-sentencing and re-release reports, etc.
Remember, you have to persuade the decision-maker, and the decision-maker in coming to a decision, has to follow a set of guidelines.  You should make truthful submissions that can satisfy the guidelines followed by the decision-maker and provide credible documents or evidence in support of each of your submissions made.

Can I appeal if the visa cancellation decision is not revoked?

There are two (2) possibilities here:
  1. Where the decision not to revoke is made a department delegate, you may apply to the AAT for review.
  2. Where the decision is made by the Minister, you may appeal to the Federal Court for judicial review. The AAT is not able to review the Minister’s personal decisions. 

I am still feeling vulnerable, unsure of what my rights are and what I can do?

Cancellation of visa is a very serious matter with serious consequences.  If you are not sure what to do, immediately consult an immigration lawyer.  Contact us for advice.

You need to act promptly as there is a strict time limit for you to exercise or protect your rights.

About The Writer 

Kelvin Tang has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing migration advice to clients, advising on “Eligible Businesses” within the definition of the Migration Regulations, assisting migrants (investor of the business) with satisfying migration requirements, making visa applications and appealing cancelled or refused visas in the Federal Court of Australia, Administrative Appeals Tribunal and Migration Review Tribunal. Kelvin also has extensive experience in civil litigation, commercial and corporate law matters.