Anyone recommend a good immigration lawyer?

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  • 2 Post By louiseb

Anyone recommend a good immigration lawyer?


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Old 04-05-2013, 01:08 PM
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Anyone recommend a good immigration lawyer?

Hi, our cousins, who were permanent residents living and working in Australia from 1996 to september 2001 on south african passports and then left Australia for America on job contracts. Came back in 2004 for a month and then went back to America. Had 2 children in America and took out american citizenship when south african passports expired. Just had their permanent residency revoked as they had been out of the country more than 5 years. I wanted to know if we can appeal the decision as family members? Has anyone had this experience before? They are both highly skilled and well educated, he is a specialist diesel mechanic and she is a registered nurse with 15 years experience, 12 of which was specialising in critical care nursing. What are the chances of an appeal vs applying for a skilled independent visa?
Thanks


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Old 04-05-2013, 01:16 PM
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Hi Zimchick -

I'm not a lawyer but I am a Registered Migration Agent (the same license lawyers have to get if the want to provide immigration advice in Australia). It sounds like they allowed their PR visa to expire and never applied for Resident Return Visas which allow a permanent resident of Australia to re-enter Australia after the initial 5 year phase of their PR visa. It's not a revocation, more like an expiration.

You said they "just had their permanent residency revoked" but their PR visa would have expired some time ago..? If you can get me more information about the validity dates of their PR visa and any other visas they've had since, I may be able to help at least provide some options.

Best,

Mark Northam

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Old 04-06-2013, 12:00 AM
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Hi, thanks for responding,
They applied for an application for return residence visa class BB and had it refused on the grounds that they did not have a compelling enough reason for their continued absence from Australia. They made the decision to choose an American passport for their children, who were born in America, this neccessitated them being continuously present in the united states for 5 years. They were also under quite a solid work contract that breach of which could have resulted in serious financial hardship.

Kind regards


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Old 04-06-2013, 12:17 AM
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arrived in perth sponsored in nov 1996, first visa granted 26 sept 1996 class UC sub class 457. (on husband as primary)
visa again granted 28 oct 1997
Wife as primary visa granted 21 oct 1999 clas wb bridging subclass 020
next visa granted 5 nov 1999 subclass 126
leave australia for usa sept 2001
re-enter australia 27 march 2004
leaving australia april 2004
return residence visa class BB refused 20 feb 2013
In the refusal was a letter to state that if they had a brother, sister , spouse or parent in Australia they could appeal this decision. What about cousin? These are my husbands last remaining relatives still alive.


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Old 04-06-2013, 12:40 AM
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Hi Zimchick -

Thanks for the info - can you clarify all relatives remaining in Australia, exact relationship, and the extent of the relationship (ie, how frequent is contact between them, any shared interests in Australia, etc)?

Best,

Mark Northam

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Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz video show: http://coming2oz.com.au

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Old 04-06-2013, 04:18 AM
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Hi,
My husbands father and his cousins mother were brother and sister, so they are first cousins. We are now Australian citizens, and we skype and stay in touch with facebook and email, we have always been in touch with them, they would visit us in Zimbabwe, and they were the reason we chose Australia as our home when we left Zimbabwe. The most recent physical contact was nearly 6 months ago, we flew out to see them in America. The cousins are very close - more like brothers. They grew up together. Both my husbands parents and his cousins parents have passed away, so they are all that is left of my husbands side of the family. Our children are all similar ages, and are friends, we all want them to have that sense of family which we had growing up.
They have an active bank acccount here in Western Australia, and have superannuation investments and life insurance policies, that are still being paid into and are still active. They also still own a vehicle in Western Australia. They always intended Australia to be their forever home, and hadnt anticipated their stay in America to be so long.


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Old 04-06-2013, 04:25 AM
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Zimchick
I believe if you contact Mark privately ( above ) he is the best one to advise you and he could take on the case for you, I personally along with many others on the forum have found his advice to be accurate and up to date, another point you may find also is he,s actually allot cheaper than most lol which is always a good thing.
Good luck

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i wish to see the smiles of loved ones reunited after months of waiting, god bless you all


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Old 04-06-2013, 04:42 AM
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Hi Zimchick -

What's needed here is a detailed submission to DIAC that makes the case via statements and evidence for the "substantial ties to Australia" provisions of the law - this can get them a 1 year resident return visa, after which they will have to do the same type of submission to get another year - this will go on until they've been in Australia a total of 2 years, after which they can get the 5-year resident return visa.

As to the chances of success, it's impossible for me to tell as I don't know all the facts - the requirement is that they prove "substantial business, personal, cultural or employment ties to Australia" and in this case I expect it will be a combination of all of the above. Whether or not DIAC will consider these ties to be "substantial" is the big question - it's not a black & white question - it will depend on the quality and detail of the submission - it could go either way, honestly. The submission needs to be closely aligned with DIAC's substantial ties policy for the RRV.

If you'd like to get details on our firm preparing this application package for you, please email me at [email protected]

Best,

Mark Northam


Quote:
Originally Posted by Zimchick View Post
Hi,
My husbands father and his cousins mother were brother and sister, so they are first cousins. We are now Australian citizens, and we skype and stay in touch with facebook and email, we have always been in touch with them, they would visit us in Zimbabwe, and they were the reason we chose Australia as our home when we left Zimbabwe. The most recent physical contact was nearly 6 months ago, we flew out to see them in America. The cousins are very close - more like brothers. They grew up together. Both my husbands parents and his cousins parents have passed away, so they are all that is left of my husbands side of the family. Our children are all similar ages, and are friends, we all want them to have that sense of family which we had growing up.
They have an active bank acccount here in Western Australia, and have superannuation investments and life insurance policies, that are still being paid into and are still active. They also still own a vehicle in Western Australia. They always intended Australia to be their forever home, and hadnt anticipated their stay in America to be so long.

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz video show: http://coming2oz.com.au

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