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Partner SC309 & Permanent Partner SC100 After Claims

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Partner SC309 and permanent Partner SC100 simultaneously after claims for domestic violence

Congratulations to our client who was granted both her temporary Partner sc309 and permanent Partner sc100 simultaneously after her claims for domestic violence were accepted by the Department of Home Affairs.

Australian immigration laws allow offshore Partner sc309/100 visa applicants to access the domestic violence provisions. The effect of these laws is that, despite the relationship ceasing due to domestic violence, an applicant for a sc309 or sc100 is still eligible to be granted permanent residency.

Our client lodged her Partner visa after her marriage and soon after, she lodged a Visitor sc600 so that she could be with her husband during the processing of her Partner sc309 visa. On the grant of her Visitor visa, our client arrived in Australia.

Upon her arrival, our client experienced emotional and physical abuse from both her husband and his family members. She was fortunate enough to have relatives in Australia and in less than a fortnight, she left her husband’s home to live with her relatives. On the day of her departure, she reported the abuse to the local police station.

Our office assisted her in both her criminal and immigration matters. We applied for an AVO against her husband and successfully sought an extension of time to compile evidence of domestic violence as required under Australian migration laws. A strong application was lodged for claims of domestic violence with the Department and our client received her decision 3 months later. Within 5 months of arriving in Australia on her Visitor visa, our client was granted permanent residency

Applicant for a sc309/100

If you are an applicant for a sc309/100 and your relationship has ceased due to domestic violence, our office has the expertise to help you with both the criminal and immigration aspects of your case.

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Role Of Victim Impact Statements In Sentencing

  Summary Victim impact statements are important for the criminal process as they can influence the sentencing courts when considering penalties and punishment. Despite the fact they are essentially based on opinion, victim impact statements are written to describe the physical and emotional suffering crime has affected. A victim impact statement can be written by either the primary victim or the family, friends or other affected victims of the primary victim. A victim impact statement can be presented to the court whether the offender pleads guilty or not guilty as it is more relevant to sentencing than it is for proceedings. If you are unsure about anything to do with victim impact statements then you should seek legal advice as soon as possible. Jameson Law have a team of expert criminal lawyers ready and willing to assist you with anything you need. What Is A Victim Impact Statement? A victim impact statement allows the victim a voice within the criminal proceedings. It is a chance for the victim to explain their pain, suffering or mitigation of a crime committed against them. It is important for the court to understand the impact the criminal offending had on the victim so it can factor into two important issues; whether there is a continued risk to the community and whether there should be a harsher or lighter penalty considered. The court is able to use a victim impact statement to factor into sentencing matters for the defendant. At the sentencing hearing, the victim or prosecution will read the victim impact statement aloud to demonstrate the emotional suffering the victim has endured. If the defendant has plead not guilty but been found guilty of the offence, the victim impact statement can be a powerful tool. It can signify to the court the lack of remorse shown by the defendant towards the victim.   Case Study Kayla is the victim of a violent assault where she suffered a fractured skull, broken cheek bones and a broken arm. She was in significant distress at the time the police arrived at the scene. Kayla has spoken to the prosecution about wanting to provide a victim impact statement to the court. Kayla has been having nightmares, flashbacks and anxiety attacks since the assault due to the harm suffered. On top of the physical harm, there is deep emotional harm which she may never recover from. The court process so far has taken its toll on Kayla and she requires the support of both family members and a support person during the court case. The court finds her victim impact statement to have influence in relation to the defendants sentence, The court can see that Kayla has suffered harm at the hands of the defendants and that it has irreversibly changed her life. Is A Victim Impact Statement Required? There is no requirement for a victim to provide a statement about what they have suffered and how it is effecting them. In many instances, it can be too painful for the victim to even contemplate writing a statement or they simply elect not to do so. It can be confronting for a a statement to be read aloud which broadcasts the emotions and suffering of an already vulnerable individual. There are some who do not want their offender to become aware of how much pain, harm or suffering they have caused to their life, particularly if it is someone known to them. Ultimately, the facts, circumstances and harm suffered are presented to the court by the prosecution during the trial, if required, and those factors are taken into account when the determination is made. Who Can Write A Victim Impact Statement? Usually, the term “Victim Impact Statement” leads people to believe that the physical victim of the offence is the only one who can present to the court how the offending has affected them. Yet this is not the case. Criminal offending can have a far reaching effect depending on the circumstances and there may be other victims who feel its impact. The most powerful and life altering example which springs to mind is that of murder. In this instance, the victim of that offence is not able to express how the offending has impacted their lives but their family remains to share their pain and grief. The injury in this case is emotional, not physical.   Case Study Kyle has been found guilty of murder after he hit his best friend, Alex, with a car intentionally. This is a very serious crime. Kyle was upset with Alex over a debt that he owed him and they got into a heated argument when they met at the local pub. Alex went home and got changed so that he could go for a run to clear his head. Alex stayed at the bar and had a few more drinks. He got more and more upset about the argument and pulled out his phone to search for Alex’s location on social media. Kyle saw that he was running a few blocks away. Kyle got into his car and drove a few blocks away to try and find Alex. He saw him running up ahead of him. He put his foot on the accelerator and sped up the road to just behind Alex. He mounted the curb and accelerated into the back of Alex sending him flying over the back of the car where he hit the ground. Unfortunately, Alex died on impact. Alex’s family, specifically his pregnant fiance, submitted powerful victim impact statements to the court. Alex’s fiance lost not only her partner but the father of her unborn child and all the emotional, physical and financial support. It ultimately persuades the judge to attribute a harsher sentence. FAQS What Is Criminal Law? Criminal lawrefers to the punishment for criminal acts committed against individuals within the community. Each criminal court case is subject to either a Judge or Magistrate determining guilt based on evidence brought by the prosecutor and rebutted

Court Procedures in Sydney

Understanding court procedures can be confusing, but being prepared is key. Dressing professionally, bringing the necessary documents, and behaving respectfully In Sydney, court proceedings follow a structured process, from initial appearance to hearings. This article will break down all these areas of a court appearance in more depth. Trust Jameson Law for expert legal representation—they’re dedicated to fighting for your rights and will help you navigate through all the processes of your next appearance in court. Remember, we’re in it to win it! What should I wear while attending court? When attending court in Australia, it’s essential to dress respectfully and professionally. Opt for neat, conservative attire such as business attire or smart casual clothing. Men can wear a suit or dress pants with a collared shirt, while women can choose a pantsuit, dress, or skirt with a blouse. Avoid wearing clothing that is too casual, revealing, or flashy, as it may not be appropriate for the solemn atmosphere of the courtroom. Closed-toe shoes are preferable, and accessories should be kept minimal. Additionally, as the Federal Circuit and Family Court of Australia points out, you should make sure to take off your sunglasses, hats or caps before you enter the courtroom. Being on time to court is extremely important. If you are late to your hearing or committal proceedings, If the Judge decides, you could be penalised. The maximum penalty that you face could be severe.   In a nutshell… Remember, your appearance reflects your respect for the court, so dressing appropriately shows that you take the proceedings seriously. Procedures to follow Addressing the Judge or Judicial Registrar: In Sydney courts, it’s important to address the Judge as “Your Honour” when speaking to them. For Judicial Registrars, use “Registrar” unless told otherwise. For example, you might say “Yes, your Honour” when addressing a Judge and “Yes, Registrar” when speaking to a Judicial Registrar. Courtroom Etiquette: As the Federal Court of Australia writes about here, Upon entering or leaving a courtroom with a Judge or Judicial Registrar present, it’s customary to bow your head as a sign of respect. This is something you should do in all courts, whether it be a family court, federal court or any other court of New South Wales. Court Proceedings: When your case is called, approach the Bar Table at the front of the courtroom and state your name to the Judge or Judicial Registrar. They will inquire about your claim and may set a timetable for the next steps, such as submitting evidence and pleadings. It’s a good idea to discuss timelines with the other party beforehand. Rule 5.04 outlines the types of orders a Judge may issue. By following these procedures, you ensure smooth communication and respectful conduct in Sydney courts. Contact Jameson Law today for a consultation. Whether it be a question about a court procedure, Maximum Penalties or how to move a hearing date, Jameson Law is a one-stop shop for all your legal needs! What should I Bring to Court? When heading to court in Sydney, it’s crucial to be prepared. Here’s what you should bring: Legal Documents: Bring any relevant paperwork related to your case, including court orders, summons, or legal agreements. It is important to bring 3 sets of documents with you to the court, one set for you, one set for the other party and another set for the judge or registrar. This ensures that court events go as smoothly as possible! Identification: Carry a valid form of identification, such as a driver’s license or passport, to verify your identity if needed. Notes and Evidence: Take notes on key points you want to remember and bring any evidence or documents supporting your case. Contact Information: Have contact details for your lawyer, if you have one, and any witnesses or other parties involved in the case. Pen and Paper: Bring a pen and notebook to jot down important information during the proceedings. A good lawyer: A good lawyer can make all the difference in court. The expert lawyers at Jameson Law are perfect examples of this. Before you get to the courtroom, they will make you understand in depth what is going on. having your understanding of what would happen if you plead guilty, what the maximum penalties might be, or things like how to move a hearing date to make proceedings move as smoothly as possible. Patience and Respect: Lastly, bring patience and a respectful attitude. Court proceedings can be lengthy and sometimes stressful, so maintaining composure and showing respect for the court and others involved is essential for a smooth process. Importance of a good lawyer during court proceedings In court proceedings, a proficient lawyer is essential, and Jameson Law stands out as an expert law firm in Sydney. A skilled lawyer, like those at Jameson Law, provides invaluable guidance, strategic representation, and unwavering support. With their expertise, they navigate complex legal processes, protect your rights, and strive for favourable outcomes. Jameson Law offers personalized attention, ensuring you understand your case and make informed decisions. Their dedication to achieving the best results means you have a strong ally in the courtroom, advocating fiercely for your interests. Trusting Jameson Law ensures you have top-tier legal representation when you need it most. Court behaviour In Sydney courts, proper behaviour is essential. Remember to switch off your mobile phone and nod respectfully when entering or leaving the room. Stand when addressing the judge or when they speak to you, and speak clearly without interrupting others. Be polite to everyone, including the judge or registrar and other parties involved. Take notes to stay organized and track important points. By following these guidelines, you demonstrate respect for the court and ensure smooth proceedings during your time in Sydney courtrooms. Court Appearances in Local Courts In Sydney, court appearances follow a structured process. Initially, when your case is brought before a magistrate, the charge will be recorded, and the final decision may be postponed to another date. If you plead guilty, sentencing might occur immediately for minor charges, but for more serious offences, the magistrate may request a pre-sentence report. If granted bail, you’ll receive a bail notice detailing your court appearance. Upon arrival, check the court lists for your assigned courtroom and be present when your case is called to avoid repercussions, especially if you’re on bail. Between initial appearances and hearings, there may be several ‘callovers’ or ‘mentions’ to schedule the case within the court timetable. Pleas of guilty or not guilty can be lodged during these appearances. Guilty pleas may lead to immediate sentencing or a later date set for sentencing. Not guilty pleas result

Major Changes Ahead: Australian Government Updates Visa Conditions 8107, 8607, and 8608

Starting 1 July 2024, the Australian Government is implementing significant changes to visa conditions 8107, 8607, and 8608 as part of their Migration Strategy. These changes aim to support the labour market mobility of temporary migrants who have the following visas: Temporary Work (Skilled) visa (subclass 457) Temporary Skill Shortage visa (subclass 482) Skilled Employer Sponsored Regional (provisional) visa (subclass 494). Here’s what you need to know: 1.Extended Time for Job Transition: Visa holders who stop working with their sponsoring employer now have: Up to 180 days at a time, or A maximum of 365 days in total across the visa grant period to find a new sponsor, apply for a different visa, or arrange to depart Australia. 2. Work Flexibility: During this period, visa holders can work for other employers, including in occupations not listed in their most recent sponsorship nomination 3. Sponsor Notification: Sponsors must inform the Department within 28 days of any changes, including ceasing sponsorship or if a visa holder resigns. 4.Occupational Consistency: Visa holders must stay in their nominated occupation while working for their current sponsor and adhere to any required licenses or registrations. These changes apply to both existing visa holders and those granted visas on or after 1 July 2024.

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