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Updates on Subclass 500 Visa Regulations

Updates on Subclass 500 Visa Regulations

We are thrilled to share some exciting news regarding the Subclass 500 Visa Regulations in Australia. The Australian government has recently introduced some significant updates aimed at enhancing the experience for international students. Streamlined Process for International Students One of the most notable changes is the streamlining of the application process for international students. Previously, applicants were required to demonstrate their intention to stay in Australia temporarily. However, this requirement has now been removed, allowing students to focus solely on their studies and future career aspirations without the additional burden of proving temporary residency intentions. Aiming to Attract Genuine Students These updates reflect Australia’s commitment to attracting genuine students and bolstering the integrity of its international education system. By simplifying the pathway to potential permanent residency, especially for individuals who can address skill shortages, Australia is striving to create an environment conducive to academic and professional success for international students. Effective Date These updated regulations will come into effect on 23 March 2024. This demonstrates Australia’s dedication to supporting the educational and career endeavors of international students and ensuring they have access to world-class opportunities in Australia.   In a nutshell… We believe these updates represent a significant step forward in making Australia an even more attractive destination for international students. By removing unnecessary barriers and prioritising the needs of genuine students, Australia is reaffirming its commitment to diversity, education excellence, and global talent acquisition. Stay tuned for more updates on immigration policies and regulations as we continue to keep you informed about developments in this space. Source: Migration-Amendment-Sc500-visas-Regulations-2024.pdf and Migration-Amendment-Subclass-500-visas-Regulations-2024-Explanatory-Statement.pdf

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Sexual Assault Trial Ends in Not Guilty Verdict

Sexual Assault Trial Ends in Not Guilty Verdict.

In October 2023, we appeared in Campbelltown District Court on behalf of a 32-year-old man charged with two counts of sexual intercourse without consent. Our client’s matter had been running for almost two years and had been set down for 2-week jury trial. It was alleged that our client had sexual intercourse without the consent of the victim.  Counsel appearing in the matter was instructed by our Head of Department, Mr Hardy-Clements. During the trial, the Jury heard evidence from a number of Crown witnesses. After the Crown case had finished, it was decided that no evidence would be called by the defence. As the evidence had concluded, both the Crown Prosecutor and defence counsel made closing submissions, summarising their case. After a short period of deliberation, the Jury returned a verdict of not guilty on all charges. This was an outstanding result for the client, who had always maintained innocence, and a testament to the hard work of defence counsel and Mr Hardy-Clements. Our client was extremely happy with the result and with our representation of him over the past nearly two years. Jameson Law is extremely proud of this result. If you are in need of any expert legal advice or representation regarding sexual assault related matters, contact Jameson Law today.

Sexual Assault Trial Ends in Not Guilty Verdict. Read More »

drive whilst suspended charge ends in no disqualification

Drive Whilst Suspended Charge Ends in no Disqualification

Drive Whilst Suspended Charge Ends in no Disqualification Recently we appeared before Burwood Local Court in a Local Court Sentence acting on behalf of a client who had been charged with driving whilst suspended. Our client, a 48-year-old man, did not have an unblemished traffic history, one of which some 10 traffic infringements since obtaining his licence in 2014. We were instructed to enter a plea of guilty to the charge and proceeded straight to Sentence. Our client was at risk of being disqualified from driving for 6 months. At the sentence hearing, Mr Hardy-Clements tendered subjective material, such as character references and an apology letter, as well as making brief oral submissions on our client’s behalf. Outcome: Conditional Release Order (CRO) for 12 months After considering all the material before the Court and submissions from Mr Hardy-Clements, the Magistrate found our client guilty of the offence, however without proceeding to conviction and imposed a Conditional Release Order (CRO) for a period of 12 months. The CRO is subject to the standard conditions of good behaviour. Our client was extremely happy with the result and our representation of him. Jameson Law is committed to every client’s matter, no matter the circumstances. We are experienced in all criminal and traffic matters. If you are in need of any expert legal advice or representation regarding traffic related matters, contact Jameson Law today.

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TSS Visa 1

Changes to TSS & TRT Stream of the ENS Visas | Jameson Law

Changes to the Temporary Skill Shortage (TSS) (subclass 482) and Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) (subclass 186) visas From 25 November 2023* (subject to the approval of regulation changes), the Australian Government will be making changes to the Temporary Skill Shortage (TSS) (subclass 482) and Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) (subclass 186) visas to provide a simpler and clearer pathway to permanent residence for TSS visa holders. The changes will provide employers and holders of TSS visas with more certainty and ensure Australia attracts and retains the skilled workers it needs. Temporary Skill Shortage (subclass 482) From 25 November 2023* the Government plans to remove the limit on the number of Short-term stream TSS visa applications that visa holders can make in Australia. This change is intended to apply to new TSS visa applications made on or after 25 November 2023. Short term-stream TSS holders with visas expiring before 25 November 2023 will need to travel outside Australia to lodge a third short term-stream TSS application. Employer Nomination Scheme (subclass 186) Temporary Residence Transition Stream Changes planned for TRT stream nomination requirements include: allowing employers to nominate holders of all streams of TSS visas (including Short-term and Labour Agreement streams). removing the requirement for nominated occupations for the TRT stream to be assessed against a skilled migration occupation list. The nominated occupation will need to be listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) and the nominated worker will need to continue to work in the occupation nominated for their TSS visa(s). reducing the period of time a TSS visa holder must hold their visa and work in their nominated position or occupation to be eligible to be nominated by their employer for the TRT stream to two out of the three years before nomination. Changes to the TRT stream nomination requirements are intended to apply to new ENS and Regional Sponsored Migration Scheme nomination applications and applications that are yet to be finally determined as at 25 November 2023*. Changes planned for TRT stream visa application requirements include: updating age exemptions for regional medical practitioner applicants and high income earning applicants aged 45 years and over to allow for a two-year pathway. ending COVID-19 related age exemptions that will become redundant as a result of the two-year pathway. These changes are the first step in providing more equitable access to PR for all TSS visa holders whilst the government continues work on reforms to the skilled visa programs following the development of the Outline of the Government’s Migration Strategy and in response to the findings of the Review of the Migration System 2023.

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NSW drug law overhaul

A New Hope for Recreational Drug Users?

A New Hope for Recreational Drug Users? People caught with minor amounts of illicit substances might soon breathe a sigh of relief. A new legislative proposal in the NSW Parliament offers an alternative to criminal penalties for personal drug possession. The twist? Offenders could “work off” their fines by seeking help. ‘Two-Strike’ Policy – The two-strike scheme may allow thousands of recreational users of drugs like ice, cocaine, and MDMA to sidestep criminal repercussions. – This approach is designed to shift the police’s focus from users to dealers and ensure users get the help they need to steer clear of long-term drug habits. – If passed, adults found with small quantities of drugs might receive a criminal infringement notice: a $400 fine. But there’s a way out. By undertaking a “tailored drug and alcohol intervention,” they can have their fine annulled. No intervention? Revenue NSW will come knocking for the fine. – Health Minister Ryan Park emphasizes this as an “evidence-based” strategy, aligning drug use and dependency more as health concerns rather than criminal offences. – However, this leniency won’t extend to drug trafficking, manufacturing, or those with prior dealing convictions. For the police, it’s not just about handing out fines. Police Minister Yasmin Catley elaborates that the proposed system would result in “better outcomes for low-level drug offending without compromising safety.” The on-the-spot fine isn’t obligatory, and police can still opt for court proceedings if deemed necessary.   NSW Drug Law Overhaul While this overhaul brings NSW more in line with other Australian states, it doesn’t come without its share of debates. The law aims to address the broader issues surrounding drug usage and its societal impacts, but there are concerns about the government’s commitment to drug reforms. In an ever-evolving legal landscape, it’s crucial to understand how these changes might impact you or those you know. As always, if you have questions or concerns related to these legal changes, Jameson Law is here to guide you through it.

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tpv shev

Amendments to Resolution of Status Visa 2023 | Jameson Law

Amendments to Resolution of Status eligibility Migration Amendment (Resolution of Status Visa) Regulations 2023 – F2023L01393 This amendment provides further necessary amendments to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) and the Migration Regulations to ensure all eligible persons are included in these provisions and inserts a new identity measure. These current amendments make provisions for these groups: Persons who held a TPV or SHEV on the ‘TPV/SHEV transition day’ (14 February 2023), but who failed to apply for a RoS visa before their TPV or SHEV ceased, who were previously unable to apply for a RoS visa; Initial TPV or SHEV applicants (who do not have their own claims for protection, but are a family member of a person who does) who were previously unable to have their TPV or SHEV application converted to a RoS visa application if the family member is found to engage protection obligations; Persons who did not hold a TPV or SHEV on the TPV/SHEV transition day, but who had held a TPV or SHEV before that day, who were previously unable to have their TPV or SHEV application converted to a RoS visa application; and Persons who have previously made a valid application for a TPV or SHEV which was finalised, but who have never held a TPV or SHEV, and who were previously unable to have the current TPV or SHEV application converted to a RoS visa application. Schedule 2 – New integrity measures Cl 851.228 – the RoS visa application must be refused in cases where an invitation to give identity information is issued, and the applicant either does not provide the requested information, or provides a bogus document or false or misleading information (and does not have a reasonable explanation for doing so and does not take reasonable steps to provide the information); and Cl 851.229 – in cases where there are substantial concerns with previous identity findings (e.g. the applicant has falsely claimed to be from a particular country and this was accepted by a previous decision-maker) the applicant will only be eligible for the grant of the RoS visa if the applicant would be eligible for a protection visa, or if there are compassionate or compelling circumstances for granting the RoS visa, or if the applicant is a family member of a person who holds a RoS visa. It is accepted that, in many cases, asylum seekers have difficulty in providing appropriate evidence of identity and may have legitimate reasons, at least initially, for disguising their identity. While the benefit of the doubt must go to asylum seekers in this situation, ongoing identity fraud by a visa applicant is not acceptable. This additional criteria will only need to be considered if the Minister is satisfied that there are substantial identity-related concerns. This term is not defined. The intention is to limit the application of the additional visa criteria to serious or substantial cases, where an identity was contrived for the purpose of qualifying for a TPV or SHEV. A finding about this issue will depend on an evaluation of the facts of each case. This Instrument commences 19 October 2023.

Amendments to Resolution of Status Visa 2023 | Jameson Law Read More »

speed camera

How One Speed Camera Raked in $1.3M in Just 30 Days

Set against the urban sprawl of Sydney’s Inner West, there stands a sentinel. It’s not an imposing statue or an architectural marvel, but a lone speed camera. Its location? The Westconnex M4 East tunnel at Croydon. In the span of a mere month, this unassuming device caught the fleeting blur of over 2400 speeding drivers, translating to a staggering revenue of $1.3 million in fines. But is this figure a testament to vigilant law enforcement or a reflection of a broader problem? August was a particularly lucrative month for speed cameras in Sydney. Not to be outdone, the Northconnex Tunnel at Normanhurst also had its cash registers ringing, tallying over $398,000 in fines. Moving eastbound on Oxford Street in Darlinghurst, another camera added a significant sum to the coffers. Yet another contender, a camera on Ryde Road heading southbound at West Pymble, was hot on its heels. While these numbers might be music to the ears of city treasurers, for the everyday driver, they strike a more sombre note. Speed cameras, often equipped with red light detection devices, are a double-edged sword. On one hand, they serve as deterrents, promoting safer driving. On the other, they can be seen as pesky reminders of momentary lapses in judgment or attention. Received an infringement notice? A glimmer of hope remains. Many aren’t aware that it’s possible to appeal both speeding and red light camera offences. If you find yourself staring at a notice, remember you have a window of 21 days to lodge your appeal. You can start by reaching out to the State Debt Recovery Office (SDRO) before taking the matter to court. If curiosity gets the better of you and you wish to see the exact moment the camera caught you, you can obtain a copy of the photograph – for a fee, of course. At Jameson Law, we understand that sometimes, speed cameras can catch even the most law-abiding drivers off-guard. If you ever find yourself in a tangle with traffic infringements, remember we’re just a call away, ready to guide you through the maze of legalities. Because in a world where a single camera can generate over a million dollars in a month, it’s good to know you’re not navigating the road alone. Drive safe, Sydney!

How One Speed Camera Raked in $1.3M in Just 30 Days Read More »

pandemic visa closure

Closure of the Pandemic Event Visa

The Albanese Labor Government has announced the cessation of the Pandemic Event visa. Key Updates: From 2 September 2023, the Pandemic Event (sc408) visa will only be open to applications from existing Pandemic Event visa holders. Pandemic Event (sc408) visa holders will be able to apply for a subsequent visa after 2 September 2023 until the visa is fully closed by February 2024. From 2 September 2023, new Pandemic Event visa applications will have a Visa Application Charge of $405. From 2 September 2023, Pandemic Event (sc408) visas will only be valid for 6 months All other visa holders will be ineligible for the Pandemic Event (sc408) visa from 2 September 2023. People with an valid Pandemic Event (sc408) visa wanting a different visa type must meet the requirements of the new visa. If you hold a COVID sc408 visa (Pandemic Event visa) and need assistance transitioning to an alternative visa, we encourage you to reach out to us for guidance.

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tiktok tax fraud

TikTok Trend Takes Australia for a $1.2 Billion Ride

TikTok is known for its myriad dance challenges and lip-syncing teens, and the last thing one might expect is for it to be the platform responsible for one of the biggest tax scams in Australia’s history. In a shocking revelation, the Australian Tax Office (ATO) admitted to being duped out of a whopping $1.2 billion in fraudulent GST claims. All because a few “financial influencers” on TikTok thought they’d found a cheeky “loan” scheme from the government. It seems that at least 56,000 TikTok enthusiasts found the allure of making an extra dollar or twenty thousand too tempting to resist. With sly whispers and winks, a fraudulent GST scheme spread like wildfire across the platform. A quick tutorial here, a ad hack there, and voila! You had yourself a community-wide tax con. H&R Block’s Mark Chapman gave perhaps the most befuddled response of us all, “It’s incredibly straightforward and incredibly fraudulent.” One could almost imagine him shaking his head, adding, “Kids these days, right?” But it’s not just the youngsters at play. Organized crime groups, including biker gangs, were in on this dance challenge. However, instead of dance moves, they were moving large sums of fraudulent money. Of course, as in every heist movie, the law comes knocking. Operation Protego has been the ATO’s answer, stopping a further $2.7 billion from joining the fraud party and arresting over 100 suspects. ATO Deputy Commissioner and Chief of the Serious Financial Crime Taskforce Will Day gave a stern warning to those still in the shadows, saying, “Face the music now or face even tougher consequences later.” If there’s one thing we’ve learned, it’s that not everything you see on TikTok is a good idea. A new dance craze? Go for it. But tax fraud? Maybe not the best move. If you’re sitting there, nervously recalling that time you thought jumping on the TikTok tax bandwagon seemed like a good idea, or worse, your ID got caught up in this mess without your knowledge, it’s not the end of the road. Have you found yourself unintentionally tangled in this GST scam, possibly due to stolen identity information or other misguidance? Don’t face the music alone. Reach out to Jameson Law. We’re here to help you navigate the complexities and set things right. Remember, a viral dance trend lasts a week, but your financial records last a lifetime.

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influencers vs restaurant

Influencers vs. Restaurant: Lobster, Drama, and a Side of Defamation

Welcome to the world of influencers, where a lobster dinner can lead to a legal hullabaloo that rivals the drama of a reality TV show. Sydney’s Silver Pearl Restaurant finds itself at the epicentre of a heated legal battle involving three food bloggers who have claimed defamation. Jennifer Do, Julie Nguyen, and Belinda Nguyen are seeking reparation after being accused of a dubious dine-and-dash. The Main Course: The Charges On a fateful Christmas Day, these influencers bit off more than they could chew—literally. They enjoyed a lobster dinner but paused the culinary experience to voice their grievances: the lobster was allegedly frozen and not the fresh, high-calibre crustacean they expected. When the influencers left without paying the bill, the restaurant took to Instagram, attempting to slide into their DMs for a peaceful resolution. The influencers, perhaps following the age-old wisdom of “block and move on,” did just that. To thicken the plot soup, the trio was later spotted at another seafood joint, again diving into a lobster dish. The restaurant, in a spicy retort, shared an Instagram post with evidence of the influencers continuing to munch on their meal post-complaint. ‘Within 24 hours, they have ALL BLOCKED US,’ the post stated. ‘What makes this matter worse, is that after they left us, they went to another seafood restaurant across the road and ordered lobster and wine again! ‘How could anyone eat more of what made them “feel sick”? let alone order another meal.’ The management then publicly named the patrons in their post, indicating the message would stay up for two days as a caution to fellow establishments. ‘Belinda, Julie and Jennifer, we are disappointed with your dishonest and fraudulent behaviour,’ they said. ‘We have hosted many food bloggers before, and none have ever acted this entitled. ‘This is totally classless behaviour, and we hope your reputation was worth tarnishing for $364.’ The Side Dish: Repercussions Our influencers weren’t about to let this slide. With the restaurant’s claims seared into the public domain, they’re charging back with a juicy claim of defamation, insisting their reputations are now toast. Justice Robert Bromwich, probably more used to dry legal scripts than this flavoursome saga, hinted that the legal costs might rival the price of a small yacht, or at least a whole lot of lobsters: likely to be no less than $500,000, but could be closer to $1 million. Dessert: Broader Implications This case serves a full platter of lessons on the dynamics between businesses and influencers in today’s digital age. It’s a world where a tweet can tickle, a post can provoke, and an online spat can spiral into a courtroom drama. Digestif: Words from Jameson Law Defamation cases require a delicate balance of legal expertise and an understanding of the nuances of the digital world. Jameson Law, with its wealth of experience in such matters, believes in the importance of ensuring that reputations are defended robustly and judiciously. In an age where a single post can echo indefinitely, it’s crucial to have seasoned experts on your side, guiding you every step of the way. If you find yourself in a situation where your reputation is on the line, remember: the expertise of a seasoned law firm can be invaluable.

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