Roder Lawyers

Roder Lawyers Roder Lawyers can help you to live, work, or study in Australia.

23/04/2025

44 years old - High School grad - Waiter by experience - Pursuing Commercial Cookery in Australia 🎉

A successful Administrative Review Tribunal (ART) hearing—Decision Remitted! - Student Visa (Subclass 500)

Our client, 44 years old, high school graduate in the Philippines, worked as a waiter for 20 years, faced challenges with his refused Student Visa (Subclass 500) application for a Commercial Cookery course. The Tribunal ruled in his favour, giving him another chance to pursue his studies in Australia!

At Roder Lawyers, we fight for our clients' dreams.

26- year - old with a 2- year education gap - Child visa (Subclass 101) (Offshore) - Granted!  I am thrilled to share th...
20/10/2024

26- year - old with a 2- year education gap - Child visa (Subclass 101) (Offshore) - Granted!

I am thrilled to share that a 26-year-old visa applicant who had a 2-year education gap was recently granted a visa. With many refusals based on education gaps, this case was no small feat.

Despite the challenge, we provided solid circumstantial evidence explaining the gap and demonstrated that the client met the critical dependency criteria under regulation 802.214 for applicants aged 18 or over.

It is crucial to provide evidence to explain an education gap, such as medical or psychological reports, financial hardship documentation, or other relevant circumstantial evidence.

17/10/2024

Two Siblings Facing Permanent Visa Cancellation – Outcome: Visas Not Cancelled

I am pleased to share a successful outcome in a complex case I handled. Two siblings were at risk of having their Employer Nomination Scheme (ENS) permanent visas cancelled under Section 109 of the Migration Act 1958.

The Delegate of the Minister considered that they had provided incorrect information (Section 101) and bogus documents (Section 103) in their visa applications.

The situation arose after the Delegate received information, two years after the siblings had been granted their ENS visas, alleging that they had falsified overseas qualifications and other school credentials. Under Section 107A of the Migration Act, non-compliance with Sections 101 and/or 103 may lead to visa cancellation.

However, I worked diligently to represent the siblings, presenting substantial and circumstantial evidence to persuade the Delegate of the Minister. While non-compliance was identified in the Notice of Intention to Consider Cancellation, the Delegate ultimately decided not to cancel their visas, concluding that the reasons to maintain their visas outweighed the non-compliance.

Providing false or misleading information can put your visa at serious risk.

This case highlights the importance of always being truthful in the information and declarations you provide to the Department of Home Affairs and any other government institutions.

If you are facing similar issues or need guidance on your immigration matters, Roder Lawyers is here to help.

05/08/2024

Health waiver - Family Violence = Partner Visa (SC 820/801) Granted!!!

I want to share a powerful story of a Partner Visa (Subclass 820) applicant who faced immense challenges during the visa application journey. This young individual failed the health examination requirement and suffered family violence while processing the visa. To make matters worse, the sponsoring partner withdrew the application amidst the turmoil.

Understandably, this applicant was on the verge of giving up, feeling defeated by the breakdown of the relationship and the overwhelming hurdles.

It has been an emotional rollercoaster, but I poured my heart and soul into maximizing the chances of success for this application.

Before the decision was made today, I received a surprising call from a delegate of the Minister, thanking me for looking after the case of this young fellow. It was unexpected, but it reaffirmed that even the Department of Home Affairs understands the difficult circumstances faced by the applicant.

To everyone facing similar battles, remember that you are not alone, and there is always a path forward.


06/07/2024

Pregnancy - Condition 8503 Waived & Partner visa Granted

Is pregnancy or being pregnant helpful for a partner visa application under Schedule 3 requirement and condition 8503 (No Further Stay Waiver)?

Unfortunately, pregnancy ALONE is not considered a waiver or a reason beyond control. However, if there are health complications related to the pregnancy, then yes, it can be used as a valid reason and a compassionate ground.

In this particular case, our client's request for a waiver of condition 8503 was lifted, and their partner visa application was granted, waiving Schedule 3 requirement due to health concerns.

Lawyers

06/07/2024

Chef - Catering business - 48 hours approval

You may be aware that sponsoring or being nominated as a chef/cook can have its challenges.

Our client's visa application was approved in less than 48 hours! Notably, this client operates solely in the catering business, not a restaurant.

This speedy approval highlights the possibilities and efficiencies in the process despite the caveats. 🌟

# Roder Lawyers
# Catering

16/05/2024

🌟 A Bittersweet Moment – Health Waiver - Child Visa (Adoption) Grant! 🌟

Tomorrow, I will say a final goodbye to my beloved 99-year-old mother-in-law. While her passing brings sorrow, I find a silver lining in this moment of grief.

A beautiful 2-year-old child from South Africa, who has been living with asymptomatic HIV infection and is on antiretroviral treatment, has found a loving home in Australia. This young Australian citizen couple adopted the child through court proceedings, bringing light into a life that began in the harshest circumstances—found as a newborn, eaten by ants in the garbage.

Despite failing a health exam due to HIV, we request for a health waiver and argued Australia’s obligations under the Convention on the Rights of the Child (CROC) and Robinson v MIMIA [2005] FCA 1626; [2005] 148 FCR 182.

In line with CROC Article 3, the best interests of the child were our paramount consideration. The adoptive parents are overjoyed that this young child now has the chance to grow up in a nurturing and supportive environment, where they can thrive and reach their full potential.

Making a difference, one life at a time. ❤️


Waiver
# NewBeginnings

12/05/2024

🌸✨ Mother's Day Special ✨🌸- The father withdrew his consent for his minor child to be included as a secondary visa applicant for a Skilled Nominated visa (Subclass 190)–

This Mother's Day, I want to share a heartwarming story that truly embodies the spirit of love, sacrifice, and resilience.

I had the privilege of taking over a case involving a mother applicant for a skilled migration visa (SC 190) with her precious 9-year-old child included in the application. Their journey was not without its challenges, especially when it came to navigating the complexities of family dynamics and legal hurdles.

Despite facing opposition from the paternal grandparents and family, who were insistent on preventing the child from migrating to Australia, this courageous mother never wavered in her determination to provide a better life for her child. With unwavering love and strength, she stood firm in her belief that her child deserved a brighter future, free from the constraints of the past.

I argued the case, emphasizing the child's preference and considering various factors such as parental capacity, relationship dynamics, and the overall family environment, one thing became abundantly clear: the love and care of a mother know no bounds. Cited UNCRC Article 3: Child's best interest principle.

Happy Mother's Day to all the incredible mothers out there! Your love and dedication make the world a brighter place. 💖Visa Granted!

I also have an inspiring story for "Fathers" – please standby!


06/05/2024

Attention all future visa applicants under the Employer Nomination Scheme (Subclass 186 Direct Entry) or Temporary Skill Shortage Visa (Subclass 482)! 📢

Recently, I had the privilege of assisting a 23-year-old motor mechanic who encountered a rather unexpected situation upon his arrival in Australia. 🛬

Despite being single, his visa application listed a woman purported to be his wife as a secondary visa holder. What's more shocking? The marriage certificate provided with his application turned out to be fake, complete with a forged signature. 😱

Upon further investigation, it was discovered that the so-called 'wife' was actually the niece of the agent handling his visa application back in the Philippines. 😤

Thankfully, we were able to rectify the situation with the Department of Home Affairs and ensure that justice prevailed. 🙌

This story serves as a crucial reminder to all single applicants: always, always double-check your family unit details before submitting your visa application. Don't let fraudulent agents or forged documents jeopardize your chances of starting a new life in Australia. 🇦🇺

If you're unsure about any aspect of your visa application, don't hesitate to reach out an immigration lawyer to help you navigate the process and ensure a smooth transition to your new life down under. ✈️

Stay informed, stay vigilant, and make sure your Australian dream becomes a reality! 💪



27/04/2024

🎉 No age limit in the eyes of the law! Love wins – Age doesn’t matter! 56 years gap! Partner visa (820/801) granted!🎉

I’m thrilled to share a very special story about one of our clients who approached us for assistance with their Partner visa (subclass 820/100) application. This case is extraordinary not only because of the genuine love and commitment shared between the couple but also due to their unique circumstances.

Despite an age difference of 56 years, their relationship is built on mutual respect, shared faith, and common values. They first met as churchmates, and their bond has only grown stronger with time. Their unwavering bond and the full backing of the sponsor's family made their case stand out. After marrying in Australia on a visitor visa, they swiftly moved forward with their partner visa application.

I understand that such cases often face skepticism, and indeed, prior to coming to us, several registered migration agents and lawyers had declined to take on their case. However, I believe in love and commitment in all forms, and after getting to know them and witnessing their genuine connection, I was eager to support them on their journey.

There's no age limit or barrier to love in the eyes of the law, and as an immigration lawyer I stand proudly by that principle. I am honoured to assist this couple in navigating the complexities of the visa process, reinforcing my commitment to inclusivity and support for all couples in their quest to build a life together in Australia.

Australian immigration law, particularly concerning partner visas (subclass 309/100 or 820/100), does not set an age limit for either the applicant or the sponsor. This means that couples with a significant age difference, such as 56 years, are legally allowed to apply for a partner visa, provided they meet other necessary criteria.

The primary focus of the partner visa assessment is on the genuineness and ongoing nature of the relationship. Couples must demonstrate that they are in a committed and genuine relationship, regardless of their age difference. They need to provide evidence of their mutual commitment, shared life, and the social, financial, and emotional aspects of their relationship.

After 9 years since knowing each other, they are living happily in Australia and continuing to live as one and demonstrating that love knows no boundaries. 💕




Lawyers

13/04/2024

🚊 Important Reminder for All Myki Card Users in Melbourne 🚊Innocent mistake -

Did you know? Myki cards in Melbourne make different sounds when tapped, depending on whether the card is registered for an adult or a child. It’s a simple cue that can make a big difference!

👶🔊 A child’s myki card emits two beeps when tapped.
🧑🔊 An adult’s myki card emits one beep when tapped.

This distinct sound system is designed to help both passengers and transport officers ensure that the correct fare is being paid. However, mistakes can happen, especially in the hustle and bustle of daily commuting.

I recently represented a client who, while juggling the responsibilities of parenthood, accidentally used his child's myki card instead of his own. When he tapped the card, the double beep intended for child passengers didn’t match his adult status. An observant officer heard the discrepancy and issued an infringement notice.

Our client was simply carrying both his and his child’s myki cards and tapped the wrong one by mistake. I argued his case, emphasizing the unintentional nature of the error. It's easy to make such a slip-up, particularly for busy parents!

Importantly, a review of the client’s travel history by VicRoads showed no previous records of misusing a child’s myki card, reinforcing that this was a one-time oversight.

📢 Here’s a Tip: Always take a moment to listen to the beep when you tap your myki. This small step can help prevent similar misunderstandings and ensure a smooth journey on Melbourne's public transport.

Remember, if you ever find yourself in a situation where you’ve received an infringement notice due to a genuine oversight, legal assistance is available to help ensure that your side of the story is heard.

🚆 Safe travels, and always double-check which myki you're tapping!




Lawyers

12/04/2024

🌟Shoplifting – Australian Citizenship Application

The challenge arose when the applicant for Australian Citizenship was invited by the Department of Home Affairs to comment on a past incident involving a shoplifting case at a local Woolworths. Such incidents can complicate citizenship applications, as they raise questions about character requirements—a key consideration for the approval process.

Understanding the stakes, I embarked on a meticulous review of the circumstances surrounding the incident. My argument was clear and based on a principle we hold dear: that a single, minor mistake should not define a person's character or their future.

I presented a robust case to the Department, arguing that the shoplifting incident, while regrettable, constituted a minor criminal offence and should not overshadow our client's otherwise exemplary conduct and contributions to the community. I highlighted their remorse, the steps taken to make amends, and their positive contributions to Australian society.

Efforts paid off. The Department of Home Affairs recognized the isolated nature of the incident and the character our client has demonstrated before and since. I am thrilled to share that our client's application for Australian citizenship was approved, marking the start of a new chapter in their life.

This case underscores a critical message: everyone deserves a second chance, and a minor lapse in judgment should not deter one's aspirations for a better future.

With the positive outcome of this case, I want to make it unequivocally clear: we do not condone shoplifting or any form of theft. Legal infractions, no matter their size, carry consequences and can significantly impact one's life and the lives of others.

However, this case serves as a poignant reminder that people are more than their mistakes. Especially in situations where the offence is minor, involves necessities like food, and is a first-time transgression, there is room for understanding and compassion within the legal framework.

The law often recognizes the difference between a lapse in judgment and a pattern of criminal behaviour, offering a pathway to redemption and a second chance for those who show genuine remorse and a commitment to change.

Our role as legal advocates is to ensure that every individual's story is heard and considered in its full context. We stand ready to guide those who find themselves in difficult situations, helping them navigate the legal system while advocating for fairness and justice.

not steal
Lawyers

Address

Level 3, 257 Collins Street
Melbourne, VIC
3000

Opening Hours

Monday 9am - 5:30pm
Tuesday 9am - 5:30pm
Wednesday 9am - 5:30pm
Thursday 9am - 5:30pm
Friday 9am - 5:30pm

Telephone

+61423965368

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