- Location: Primus Hotel, 339 Pitt Street, Sydney NSW 2000
- Date: Friday 17 June 2016
- Time: 8.30am – 5.00pm
- Cost: $550.00 (including GST)
- CPD points: 10 MARA CPD points (including a mandatory activity) / lawyers can also claim points to meet their mandatory continuing legal education requirements
After the sell-out success of their recent CPD Express in Sydney in March, the Nomos Education team is delighted to announce its next 10 points advanced workshop series for migration lawyers and agents on Friday 17 June 2016 in Sydney.
The programme will be led and facilitated by Peter Papadopoulos and Kathryn Viegas. Peter and Kathryn have extensive experience conducting advanced CPD for migration lawyers and agents through their previous contributions to CPD run by Migration Practice Essentials (MPE), the Migration Institute of Australia (MIA), the Law Institute of Victoria (LIV) and the Immigration and Advice Rights Centre (IARC). Peter and Kathryn are excited about sharing the latest developments in migration law and policy along with practical tips to get those more complex cases over the line.
Announcing special guest speaker Katherine Hooper!
In February 2016, Katherine was named as one of Australia’s best lawyers in the categories of Government Practice and Immigration Law.
Formerly Special Counsel at DLA Piper, Katherine is now Special Counsel at HWL Ebsworth, where she provides specialised legal advice in administrative law, immigration and refugee law, civil litigation, privacy and data protection, commissions of inquiry, and freedom of information. She has regular conduct of litigation in the range of Commonwealth Courts including the High Court and Full Federal Court. She also regularly appears in the Federal Court, Federal Circuit Court and AAT as a solicitor advocate.
Katherine has retained the carriage of a variety of complicated matters for DIBP, including: merits review of migration agent regulatory decisions; matters concerning Article 33(2) of the Refugees Convention; and matters raising complex and significant issues of statutory construction. She has instructed the Solicitor General of Australia in proceedings before the High Court of Australia, including a successful appeal by the Minister for Immigration and Border Protection in a matter involving whole of Commonwealth implications.
Contents of the CPD Express course programme
We have been closely watching the immigration portfolio, the AAT and the courts over the past few months and will continue to monitor immigration developments in the lead up to the Federal election on 2 July. Given the immigration department’s unprecedented shift towards automated decision-making and its stronger focus on integrity and compliance, practitioners will need to increase their understanding of the scope of procedural fairness and how best to advocate for clients when challenging unfavourable decisions or ostensibly unfair or unreasonable decision-making processes. Among other things, our presenters Peter Papadopoulos and Kathryn Viegas will cover the following topical issues faced by practitioners and their clients during our advanced and skills-focussed CPD Express programme:
Part 1 – Morning Session (6 MARA CPD points)
Module 1: The Advanced Refresher (9am to 10.30am) – This module will give you a practical update on recent and forthcoming developments affecting the migration programme including:
- Summary of key immigration measures in the 2016 Budget
- Dismantling dual regulation for migration lawyers – update and potential impact on the industry and clients
- Partner visas – Schedule 3 waivers and the impact of the Full Federal Court’s decision in Waensila; Family violence issues including the Migration Amendment (Family Violence and Other Measures) Bill 2016; offshore processing of the onshore partner visa caseload; integrity issues at second-stage processing leading to visa refusal and cancellation
- Student visas – a summary of the 1 July changes
- Temporary worker exploitation – Senate Report on Temporary Work visa holders; Lessons from the 7-Eleven scandal and the proposed inter-departmental Review into 417 and 462 Visa Labour
- Sponsorship monitoring and compliance – key issues and the role of the Fair Work Ombudsman
- TSMIT review update
- Forthcoming PR and citizenship pathway for New Zealanders
- Current trends in AAT decision-making
- Case law round-up and review practice update – a review of recent significant court decisions that affect everyday migration practice as well as tips on handling merits and judicial review applications. Our guest speaker Katherine Hooper will present on this aspect of Module 1.
Module 2: Interactive Case Study Workshops (10.45am to 12.45pm) – Our workshop scenarios are based on real-life situations confronted in everyday practice including:
- Handling “genuine position” requests from DIBP – a summary of the law and policy as well as useful practice tips for dealing with unreasonable DIBP requests for information and drafting persuasive submissions
- Self-sponsorship in 457 and ENS cases
- Strategies for dealing with poor decision-making – lodging “complete” applications; vacating decisions where procedural fairness has been denied, especially where a decision has been made by a machine or a delegate who has not properly exercised their power; taking action under the Scheme for Compensation for Detriment caused by Defective Administration
- A step-by-step guide to understanding how the MOC reaches their cost estimate and avenues for challenging an unfavourable MOC opinion
Part 2 – Afternoon Session (4 MARA CPD points – mandatory activity)
Module 1: Interactive Case Study Workshops (1.45pm to 3.45 pm) – These workshop scenarios will focus on the practical realities of working in the migration profession and guide you through real-life case scenarios and show you constructive ways in:
- Dealing with anonymous decision-makers – we will look at the problem of the uncontactable case officer and the emerging trend within DIBP for decisions to be made collectively and in some cases by computers. This case study will outline the pitfalls to avoid and help practitioners understand how they can use the law and other skills to achieve the best outcome for their clients
- Dealing with difficult decision-makers – we will look at scenarios involving how to handle being given unreasonable deadlines, seek extensions of time and request the intervention of a senior manager within DBP when processing goes “off the rails”
- Dealing with difficult clients – the ones who don’t pay, the ones who never stop ringing, the ones who constantly change instructions, the ones who see you as a friend when it suits them and the indecisive ones
- Avoiding and dealing with complaints to professional bodies – ethical, commercial and practical challenges raised by the MARA’s recently introduced Practice Guides as well as an update on cyber security liability
- Advising clients who are prepared to lie or omit the truth – practical tips in dealing with notifications of changes of circumstances and potential PIC 4020 and visa cancellation matters
- Handling ethical dilemmas – terminating a relationship with a client who has lied to you, you have grown to dislike or where the boundaries have become so blurred that you may no longer be able to act in their best interests
Module 2: Experiential Workshop (4pm to 5.30 pm) – The final module of the day is our brainstorming activity (“the NOMOS Q + A”!!) where Peter and Kathryn will field general questions from the group and pose some hypothetical scenarios and raise issues of concern in migration practice for group discussion. Participants will be encouraged to analyse and discuss the topics raised and share their own experiences. Discussion can range from “true confessions” where you have made mistakes to venting some steam about what irks you about working in the migration field. The module will be supported by stimulus workshop materials and the ensuing discussion will be moderated by Kathryn and Peter so that it remains solutions-focused and beneficial to all attendees.
Practising Lawyers and Accountants
Given the MARA’s CPD exemptions for agents who are either accountants or practising lawyers with a current legal practising certificate issued by any State or Territory law society, such agents will be able to meet their annual MARA CPD obligation in one morning if they complete the morning session of our CPD Express program. For lawyers, the afternoon session can also be counted towards their MCLE requirements. For further information about this CPD exemption and mandatory CPD requirements, see the MARA website.
- Arrival tea/coffee/fruit
- Morning tea
- Hot/cold buffet lunch
- Afternoon tea
- Course Materials prepared by the presenters for use as reference tools in your everyday practice
Less Chaos, More Nomos
Places are limited so please register now to book your spot!
Cancellation and Refund policies
If you have booked a place and are then unable to attend, we would welcome a substitute if we receive written notification from you of your substitute’s name and contact details at least 24 hours prior to the course. Written cancellations received at least 14 calendar days prior to the course commencement date will be eligible for a 50% refund.