1.5 CPD Units in Professional Skills
Presenter: Chris Johnston - Work Visa Lawyers
Chair: Jennifer Stefanac - Jennifer Stefanac, Barrister and Solicitor
Could your client be subject to a visa cancellation?
Many long term residents of Australia have not taken that next step to become Australian citizens, which puts them at risk of a visa cancellation should they ever be charged with a criminal offence or fail the character test.
This session is important for any criminal lawyer with non-citizen clients:
facing charges leading to 12 months or more imprisonment
charged with committing drug related, violent or sexual offences.
This session aims to cover the following:
The Department of Home Affairs powers to cancel a visa on character grounds
The Visa cancellation process
This sessions will also cover:
- Practical tips when charges are laid
- Practical tips for sentencing submissions
- Process of Removal and Deportation
- Character for Australian Citizenship applications
- Update on Sentencing (Suspended and Community based custodial sentences) Amendment Act 2019 (SA), which was introduced on 23 May 2019 this year, impacts non-citizen clients who could be facing visa cancellations.
- 11 Minute Decision of Minister Peter Dutton overturned – Chetcuti v Minister for Immigration and Border Protection  FCAFC 112 92 (2 July 2019)