Last Lunge Applications
TABLE OF CONTENTS
Introduction
Check List Using The Regulations As A Template eg - Spouse Visa
Get Enough Sleep
Visa Application And Associated Costs
Preserving Records
Record Keeping And Management - How Long Do Documents Have To Be Kept?
Initial Requirements Regarding Accepting A Retainer
Failure Of Proper File Management Can Lead To Suspension As A Migration Agent
Interpreters
Confidentiality & Notifying The Client Of Complaint Procedure
Give Your Client A Copy Of Everything
Give Your Client The Bad News Immediately
Take Care While On Holidays
Clients & English
Check Special Requirements For Offshore Visas With The Embassy's Or Consulate's Website
Don't Accept Immigration's Assertion That Decisions Have Been Made Properly
Have No Fear Of Appeals
Never Advise Your Client To Make Life Changing Decisions Prior To The Grant Of A Visa & Trust Your Instincts
Before You Set The Fee With Your Client And Before You File A Visa Application
Oral Instructions
What Can Go Wrong If You Don't Record Your Mail Properly
Prepare Your Client For The Oath
Ideas For Chronologies For Client Files
Immigration Goes Into Hibernation On 30 June Each Year
Australia Closes Down Between Christmas & New Year
Have An Industrial Strength Office Set Up At The Office And At Home
What Is A Permanent Residence Visa?
Practice Together Or Practice In Groups
A Proper Email Account And Email Management
Undercharging And Undercutting On Fees
Positioning And Pathways And Fees (Putting All One's Eggs In One Basket)
Email & Fax Communication & Errors With Credit Cards Emerge As Troubling Issues
Preparing A Client For Merit Review Hearings Or Interviews With DIBP
Accountants And Migration Law
Passport
Berenguel - Sometimes Time Of Application Criteria Can Be Met At Time Of Decision
Bare Faced Liars & The Fraudsters
Everyone's Doing It
Bridging Visas
Visas Remain Current Until Midnight
Immigration Closes At 4pm
Looking After Secondary Visa Holders In A Visa Cancellation Process
Applying As A Secondary Visa Applicant Onshore When The Primary Visa Applicant Is Offshore
Being Illegal
Essential Prerequisites For A Ministerial Discretion Application
Last Lunge Applications
State And Territory Sponsorship
Addresses
Believing The Client
Follow Up
Make Peace With The Tax Office
No Obligation On Immigration To Chase Up Information Or Documents From Migration Agents Or Lawyers Representing A Client
Errors In Visa Applications
Spouse Visas - Unexplained Large Deposits of Money
Managing No. 8503 On Tourist Visas
Medical Consent
Statutory Declarations
Merit Review
Tax Deductibility of Migration Advice
LEGENDcom
Dates On Documents And Names On Documents
Breaking Up Is Hard To Do
Take A Statement
Case Management Software
Work Rights
Student
Check All Past Visa Applications
Revealing Convictions
Visa Holders Being On Their Best Behaviour
Email Communication With Immigration - Delete All Strings
No Without Prejudice Conversations With Immigration
Accounts Managements
What Is A Secondary Visa?
Identify Australian Citizens Who Support An Applicant
Communications
Schedule 1 Criteria
Second Thing To Do On Starting A File - Download The Relevant Part Of The Law
First Thing To Do When Starting Any File - Identify Any 'Rights Destroying' Deadlines
Lodging Paper Applications
Social Media & Smart Phones
References
Disputes About Parentage And Children
Helping People Pass The English Tests
Managing Emails
What Is The Pomodoro Technique?
Immigration Telephones Client
When Is A Visa Application Made In Australia
Apply For A Visa In Australia
No Visa Application Is An Island
The Hammock Principle
Take care with lodging what the writer calls ‘last lunge’ applications. Ministerial discretion applications have to be taken very very seriously. A hastily prepared ministerial discretion application can stymy a better application later. The PAM says this about repeat requests:
18 Repeat requests
If a request for me to exercise my public interest powers in respect of a person is received and I or another Minister has previously considered the exercise of the public interest powers (whether in a schedule or as a submission) in respect of that person (whether in respect of the person’s present or any previous visa application), all subsequent requests in respect of that person are considered to be “repeat” requests.
I generally do not wish to consider a repeat request. Where I or a previous Minister has declined to intervene in a case, I generally expect that person to depart Australia.
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, and which, in the opinion of the department, falls within the ambit of section 10 Public interest, section 11 Referral by a review tribunal and section 12 Unique or exceptional circumstances. For other cases, the department should reply on my behalf that I do not wish to consider exercising my power.
All ministerial intervention applications therefore have to be carefully prepared and backed up with a poultice of letters of support. A half baked application will get nowhere. The adage is that your client will generally only get one shot at a ministerial discretion application, make sure it is the client’s best shot taken at the appropriate time.
The same can be said of refugee applications. These should never be lodged frivolously. A refugee application which is not genuine will only give a file or a client an unnecessary air of fraud.
Equally the same can be said of spouse visa applications. Non-genuine spouse visa applications will cause grief.