David Stephens
- Principal Lawyer
- Bachelor of Laws (NE)
- Master of Laws (ANU)
- Bachelor of Engineering (Mon)
- Admitted to High Court of Australia as Solicitor and Barrister
- Admitted to Supreme Court NSW
- Notary Public
- Member Law Council of Australia
- Member of Law Society of NSW
- Member of Society of Notaries NSW
- Member Migration Institute of Australia
- Member Migration Alliance
- Member Institution of Engineers 1999-2018
- Working in the field of Migration Law since 1995
In addition to being an expert in Migration Law, David Stephens is also a Notary Public. A Notary Public is a practising Lawyer who holds a unique public office of trust and fidelity and who, among other things, has the internationally recognised power and authority to prepare certificates of Australian law and deeds and other authenticated documents.
Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Australasian Immigration Services Pty Ltd are members of the scheme.
Some notable cases run:
Business Sponsored Appeal 060479861 [2007] MRTA 62: The Tribunal set aside the original decision. Successfully argued against government policy that contractors not be considered as employees for the purpose of regulation 1.20D. The business was approved as a business sponsor even though total wage bill was less than $4000.
Business Visa Policy 1301230 [2015] MRTA (16 February 2015): Business subclass 846 – Business Assets – The Tribunal set aside the original decision. Successfully argued against government policy. I argued that goodwill is a business asset even if it has not been purchased. The applicant was consequentially deemed to satisfy clause 846.213.
Labour Agreements: We successfully obtained Labour Agreement Status for a client who was previously refused three times with other agents. The positive outcome in 2021 was obtained with a very detailed submission using careful and thorough legal research, applying legal principles of administrative law, and a close attention to the specific facts of the client’s circumstances to present their situation and requirement in best light.
Student visa processing: successfully argued extension of the principle in Patel (FMCA) that credit cards can be accepted as suitable source of funds for the purpose of student visa applications. This application resulted in subsequent change in the Department’s procedures Advice Manual (PAM), which previously excluded credit cards as an acceptable line of credit for student applications.
Nomination for Skilled Migration: I was instrumental in saving more than 3000 visa applications from refusal due to a new department policy that negatively affected skilled regional migration applicants. Department policy changed so as not to recognise state sponsored applicants whose nominated occupation was no longer on the skilled occupation list. Application processing had been severely delayed by Department policy, and during that delay, many applicant’s occupations was no longer on the present skilled occupation list. The Department sought to have these applications refused. I campaigned that such a move to refuse these applicants’ was unreasonable and an elevation of policy over legislation. The campaign was successful. The policy was reversed. And the applications nominated occupations were accepted.
Adoption Visa: We won an appeal case where department refused a child applicant on the basis that the adoption process was not recognised under Australian or International law. We successfully presented arguments that customary adoption was lawful recognition of the adoption, and that the child and parents should be allowed to live together in Australia. The argument was accepted under appeal and the family now live happily together in Australia.