Find Lawyers in Melbourne, Australia for Immigration Law
Carina is the Managing Partner of a large immigration law practice in Footscray, Melbourne, Victoria. She is an Accredited Immigration Law Specialist, New Zealand Licenced Immigration Adviser and was the winner of the Law Institute of Victoria (LIV) Paul Baker Award in 2017. She was nominated Best Lawyers in Immigration 2022. She is a regular presenter of CPD topics in immigration law for a range of bodies and writes for the Immigration Law service for Lexis Nexis. Carina has an extensive rev...
Rick joined Carina Ford Lawyers in 2005 having previously worked as a commercial litigation lawyer at Middletons Lawyers, Melbourne (now K&L Gates). He is a practicing lawyer, and also an LIV Accredited Immigration Law Specialist. Rick has extensive experience with all areas of migration law, including skilled migration, business migration (in particular TSS, ENS and RSMS applications), complex appeals and family migration.He is a regular presenter of migration law Continuing Professional...
Maria is the leader of the firm’s National Immigration Law Group. She is an accredited Immigration Law Specialist and a registered Migration Agent. Acknowledged as one of Australia’s leading Immigration Law Specialists, Maria brings a unique depth and breadth of immigration law experience from her years in private and government service. Regarded as an authority on immigration law, Maria is listed in “The International Who’s Who of Corporate Immigration Lawyers” ...
Chris is a Partner of the Australian Practice of Fragomen and has responsibility for the Melbourne office, in addition to leading the firm’s Advisory, Compliance and Government Relations Group and the Professional Practices Group. He is also heavily involved in the management and development of operations across all Australian offices. Chris is currently the Chair of the Migration Law Committee of the Law Institute of Victoria in addition to being an Accredited Immigration Law Specialis...
Jackson is Manaing Partner at Roam Migration Law and has worked in immigration since 2008, primarily on employer sponsored visa matters. His experience ranges from Fortune 500 and ASX companies to start-ups and boutique SMEs. His current practice is focused on employer sponsored visa matters, corporate compliance, the Global Talent program and advocating for policy reform. Jackson is particularly interested in the confluence of immigration and employment law and how government policy shapes t...
Immigration Law Definition
Australian immigration law is a dynamic area of practice. The immigration landscape frequently shifts based on the political, economic, and social conditions in Australia, as well as in key migrant source countries. As the Migration Act provides a legal framework for changes in law and policy to be more rapidly made by regulations and legislative instruments, there can be a high level of legislative and policy change. As a result, practitioners typically focus on immigration law as a singular and specialized practice area, including merits and judicial review of migration decisions.
The Minister for Immigration and Border Protection, and Minister for Immigration, Citizenship and Multicultural Affairs are responsible for the immigration, citizenship, and customs border portfolios in Australia, which are administered through the Department of Home Affairs (the Department). The Minister for Immigration and Border Protection (or another Minister appointed to administer the Migration Act) has a broad number of personal and ‘non-compellable’ powers under the Act.
Australia’s permanent migration program is tightly controlled by the government, with strict visa planning levels set each financial year. Conversely, the temporary visa program is largely demand driven and fluctuates based on Australia’s economic conditions and immigration policies as well as conditions in source countries.
In general, the permanent migration program is comprised of the:
- Skilled migration program
- Family migration program
- Special eligibility program
- Humanitarian program for asylum seekers and refugees
- Most temporary residents in Australia are either:
- Visitors for tourism or business purposes
- New Zealand citizens, who can freely travel to and remain temporarily in Australia under a long-standing reciprocal Trans-Tasman travel arrangement
- Working holiday makers
- Sponsored Temporary Work (subclass 457) visa holders, or more recently, Temporary Skill Shortage (subclass 482) visa holders
Australian immigration law has a strong compliance focus. All non-Australian citizens require an appropriate visa to enter and remain in Australia, and are subject to detention and removal from Australia should they overstay or have their visa cancelled. Specific immigration bars also may be imposed in these circumstances, including a permanent ban for visas cancelled on ‘character’ grounds.
Australian employers are subject to strict civil and in some cases, criminal, penalties if found to employ a non-citizen without a visa or in breach of visa conditions. Employers sponsoring foreign workers under temporary work programs are also subject to additional sponsorship obligations which, if breached, can lead to significant financial penalties for both individuals and the sponsoring business.
Information sharing is common between the Department and other government agencies such as the Fair Work Ombudsman, the Australian Tax Office, the Australian Securities and Investments Commissions, and the Australian Federal Police. This requires visa holders and sponsoring employers to have robust processes in place to ensure that they remain compliant with Australia’s immigration laws.
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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