Ang Kalatas Volume III September 2013 Issue | Page 22
22 | Community
IMMIGRATION
THE MESSAGE. BRINGING INTO FOCUS FILIPINO PRESENCE IN AUSTRALIA. www.kalatas.com.au | Ang Kalatas Australia | Vol. 3 No. 12 | September 2013
Challenging the report of an independent expert on family violence claim
ATTY. JESSIE ICAO
ARE you a victim of family violence by your abusive Australian partner but chose to remain silent because of that fear of having the sponsorship withdrawn and being deported back to your country? Under the present legislation, the visa applicant can leave the abusive partner and notify the Department of Immigration and Citizenship of the abuse and request that the partner visa application be considered under the family violence provision without the continued sponsorship of the Australian partner. The dif?culty encountered by the victim in most cases is when she/he does not have any evidence of having sought the Court or the Police for an Apprehended Violence protection. This will not however, prevent the victim from pursuing the claim under the so called ‘non-judicially determined claim of family violence’ for as long as the victim has executed a statutory declaration in form 1410 and at least two documents are provided from the lists of evidence speci?ed by the legislative instrument. The Migration Act requires that if a visa applicant claims family violence, the Minister must consider whether the alleged victim has suffered family violence and will decide in the following: (a) If satis?ed that the victim suffered family violence, he must consider the application on that basis, or (b) If not satis?ed that the alleged victim has suffered relevant family violence, will seek the opinion of an independent expert whether the alleged victim has suffered family violence. Problem will arise on the part of the visa applicant if the independent expert will provide an opinion that the victim has not suffered the family violence as alleged, as the law says that the Minister must take an independent expert’s opinion to be correct. It will then follow that the application will be refused. In scenario like this, it is suggested that the applicant evaluate the case and challenge the independent expert’s report by: • Checking whether there was a denial of procedural fairness on the part of the independent expert. For example, if the independent expert has a report relevant in arriving at an adverse expert opinion, such information has to be provided to the applicant for him/her to comment. To withhold the information to the applicant would constitute denial of procedural fairness. In Kioa v West (1985) 159 CLR, Brennan J at 615, expressed that” a person whose interest are likely to be affected by an exercise of power must be given an opportunity to deal with relevant matter adverse to his interest…” • The visa applicant seeking a referral to another independent expert even if the matter is on appeal to the Migration Review Tribunal in accordance with the dictum in Minister for Immigration and Citizenship v Jimmy Maman & Anor [2012] FCAFC 13, where His Honour Justice Katzman said in 98 “if the opinion is reached in denial of procedural fairness or, for some other reason does not meet the statutory description, then the tribunal, standing in the shoes of the Minister, would be bound by the directions to seek the opinion of another independent expert”. • By requesting the Minister or the Tribunal to invite the independent expert to comment on untested assertions which the applicant commented after being invited to comment on the report. Al Momani v Minister for Immigration & Anor [2011] FMCA 453. Jessie Icao is a practicing solicitor in New South Wales and registered migration agent since 1993 [MARN 9367993]. He is admitted as a lawyer in the Philippines. The information provided is of general nature and cannot be relied in its entirety. It is suggested that the you refer to the relevant law or consult an immigration lawyer or a migration agent.
Bicolanos celebrate with pantominahan
Self managed super funds
Bicol Community League Inc chairperson Neria Soliman recently hosted an evening of fun for Bicolanos in an ambience of ?air, food and dance to honour birthday celebrants held at her dance studio in her Hassall Grove residence. Ray Moncay, friend of the Bicolanos led the Latin part of the dance in between the ‘Pantomina,’ the national courtship dance of Bicol Region. Ray is a DJ and composes dance menus for Dancesports enthusiasts. Immediate past chairperson Ross Iglesia drafted the programme for the evening while secretary Penny Perfecto outlined the objectives of the activity. Zena Samar, BI treasurer, handed out gifts to the birthday celebrants. Among the birthday celebrants were associate members Ofelia Kasilag and Ambee Mendiola Soliman, regular members Neria Soliman, Nilda Carpo, Flor Roxas and Emil Soliman and guest celebrant from ADOLP, Ms Norma Evans. Media people present included Dino Crescini of Sentinnel, Ramon and Nilda Carpo of Radio Dalisay. Other members of the Council present were David Isaac, Elsie Noakes and Aida Morden with husband Keith and Ernesto Soliman, public of?cer of BI. Special guest included Joe Maramara and friends of Penny Perfector from Manila. Coming activites of the Bicol Inc. are the BI Forum and Workshop on Empowerment, Adopt a School program fund donation in Camalig, Albay and the ‘Kaogmahan sa Park’ on December 1.
FINANCE
At A Glance
JERONE BALAGTAS
LIKE other superannuation funds, self-managed super funds (SMSFs) are primarily used to build wealth for retirement. SMSF are different from other superannuation funds as all members are also trustees. Members are responsible for running the fund including investing the fund’s assets, paying bene?ts and meeting the administrative and compliance requirements of the fund. The sole purpose of an SMSF must be to provide money for your retirement; therefore you ‘cannot’ use the asset or withdraw the funds in the fund until retirement. Setting up [?\????T??[?]?H] ?Y ?[?Y?\?[? H[??]?Y[?\?H H;? ?^X?[] H[??? ??]??\??H?T??]?\? [?H H? ? [?] H ??? ?? ?\?H[??? ?[??\? H ?\\?[??X][??[?\?? ??Y ????[?[?[ ?\\??[??Z[??X[?Y?Y?HH?[?X[?Y?\??[??\?[??[? ??\? H\?H??[[??T?[??\?Y[? ? ?]Y?K?] ??Y\?^ ??\?H ???X???[?[?\?[?X[?H [?H\?H[?H??? Y[? ?[??\?[? ?X[\?]H [???\[?H ?\?\???]?\?[??T??[??HH??? H? [? H??? ? ?] \[?XZ[?Z[??H?[??] ?ZY??[?{? ] ?HYZ[?\? ?]]?H[???\X[??H ?\]Z\?[Y[? ??[??H?\??[Z[???X? ?\]Z\?U ?YHXZ[? ?\ ? ? ?[?[X[?Y?Y?\\??[? ?8?(?8?(?8?(?\?X?\? H ?\?? ?\\?H[?[??\?Y[? ? ?Y?Y?N??[?H?[??X???[?[?\ H?? H?T??[?????\? ?X?\?^ \??\??X?\??]X[] B?P??? L?
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