If you are an Australian citizen or permanent resident, you can sponsor your child or children who live overseas to migrate permanently to Australia under a child visa.

The circumstances which may result in parents and their children being separated generally involve complex personal, socio-economic or political factors. Importantly, an application for a child visa can also prepared and lodged while a child is in Australia visiting a parent.  We have helped many parents reunite with their child...

We often assist individuals who are living in the community without a visa. The Department of Home Affairs refer to such people as an unlawful non-citizen. We recently acted for a client (‘James’) who was held in migration detention as an unlawful non-citizen, pending his removal from Australia by the Department of Home Affairs (the Department). Previous to being remanded in migration detention, the Department had refused to grant James a new visa. James decided to appeal this decision by lodgi...

In 2016, the Federal government had announced certain changes to the Partner Visa Program. As of October 2018, some of these changes have not yet been implemented due to the fact that the Migration Amendment (Family Violence and Other Measures) Bill 2016, which amends the Migration Act of 1958, is still before the Senate.

Importantly, some of the proposed changes include the introduction of a ‘sponsorship framework’ for the Sponsored Family Visa program. For instance, changes we will see coming...

How will the AAT approach my case?

The AAT was established to review decisions made by government departments including decisions by the Department of Home Affairs in relation to visa applications. The Tribunal’s jurisdictional ‘style’ is unique and differs from law Courts. In fact, the Tribunal has been largely established to allow for streamlining cases in a cost-effective manner, which means parties can also self-represent if necessary.

If you are planning to self-represent in the Tribunal in...

In Australia, applying for divorce is an administrative process requiring an application to the Federal Circuit Court. Some people choose to seek the assistance of lawyers to manage this process while others are able to prepare their own application for divorce.

The application process is fairly straight forward. The Federal Circuit Court has excellent resources to assist those wishing to DIY a divorce application. Importantly, an application for divorce does not require to demonstrate that one...

An application for Property Orders (property settlement) is subject to time limits. Section 44(3) of the Family Law Act 1975 (the Act) provides that parties have 12 months after the date of a divorce to file an Application for Property Orders, while de facto partners have 24 months from the date of separation to file an application under section 44(5) of the Act.

If these times have lapsed, then a party must seek leave from the Court and satisfy the Court that if leave is not granted under...

If your visa has been refused or you have received a notice of intent to cancel your visa, then you should seek legal help immediately. The right to appeal these type of decisions is subject to strict timeframes so do not waste any time in getting help.

How do I challenge a refusal or cancellation?

An application for review can be filed with the Administrative Appeals Tribunal (AAT) and depending onf the type of matter the application for review will be heard either at the Migration Rei...

What is a de facto relationship?

If you are with someone and you are not married to each other but living as a couple on a genuine domestic basis then, under the law, you are in a de facto relationship. The law also recognises that a de facto relationship can exist in same-sex relationships or when one of the parties is legally married to someone else or is in another de facto relationship.

Separating from a de facto partner

According to the Family...

Given the fact that much of our public and private life is regulated by the law, it is not unusual to be confronted by situations where this question pops up.

Most people understand that the law gives us certain personal rights and obligations. The extent or enforcement of these rights and obligations, however, is not always clear cut.

Self-help or legal representation?

There are many types of disputes that can be resolved by yourself through negotiation without out the need for a lawyer. You can...

                                

Una de las áreas legales que tienden a ser ignoradas es la relacionada con herencias y testamentos. Esto no es sorprendente ya que hablar de nuestra muerte puede ser incómodo. Naturalmente, no somos inmortales y por lo tanto debemos abordar este tema con sobriedad y madurez.

Un testamento es una herramienta legal que te permite nominar personas específicas como herederos de tus bi...

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August 17, 2018

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CIFUENTES LAWYERS

Level 1, 130 Franklin Street

Adelaide SA 5000

    (08) 8311 1349  

info@cifuenteslaw.com.au

www.cifuenteslaw.com.au

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