Examine the ethical challenges immigration lawyers face when handling sensitive documentation for refugees and asylum seekers. This session covers the impact of documentation inconsistencies, the ethical considerations of family reunion applications, and the responsibility to address misleading or false information.
Chair
Alex Kaufman
, Senior Solicitor, Playfair Legal
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Ethics & Professional Responsibility
Ethics in Immigration Practice: Navigating Ethical Dilemmas and Documentation for Refugees and Asylum Seekers
Documentation is crucial in establishing protection claims, family reunions, and citizenship applications for refugees and asylum seekers. Yet, inconsistencies in identity documents or fraudulent claims often result in rejections or, worse, visa cancellations. Explore the ethical dilemmas immigration lawyers encounter, emphasising strategies to uphold integrity, advocate responsibly, and handle sensitive information with care.
- Ethical implications of documentation challenges: Explore the impact of documentation inconsistencies and ethical responses to these challenges. Consider best practices for verifying documents or addressing concerns while preserving client trust and professional integrity.
- Family reunion complications and ethical responsibilities: Review the complexities inherent in family reunion applications and the ethical considerations that arise when working with partial or uncertain information, balancing client advocacy with compliance obligations.
- Dealing with misleading or false information: Delve into the ethical obligations when clients provide inaccurate or misleading information.
- Evidence assessment and truthfulness: Ethical frameworks for gathering, assessing, and presenting evidence while respecting professional integrity and client confidentiality, ensuring that information is handled responsibly and ethically.
- Managing processing delays with transparency
Presented by Professor Mary Crock, Immigration Lawyer, Professor, The University of Sydney
Learning objectives:
- Understand ethical responsibilities in immigration practice
- Apply ethical decision-making in complex immigration cases
- Enhance ethical advocacy and evidence management
Presenters
Professor Mary Crock, Immigration Lawyer, Professor, The University of Sydney
Professor Mary Crock is Professor of Public Law and former co-Director of the Sydney Centre for International at the University of Sydney Law School. She has worked in the area of immigration and refugee law since 1985. An Accredited Specialist in Immigration Law, she maintains a pro bono practice alongside her academic role. She has been recognised in the peer publication Best Lawyers in Australia in immigration law since 2008. In a career spanning over 30 years she has authored 15 books and over 90 articles and book chapters. Her work spans every aspect of migration law from citizenship, labour migration, family and asylum law as well as merits and judicial review. Mary has worked over many years to advocate for respect of international law and human rights. She has worked as consultant to the Australian Human Rights Committee and for various senators. Earlier in her career she took leadership roles with Law Societies in Victoria and New South Wales as well as with the Law Council of Australia. Her academic research has a strong focus on vulnerable migrants and comparative law and policy.
Alex Kaufman, Senior Solicitor – General Counsel, Playfair Legal
Alex Kaufman is a qualified Solicitor (formerly also a Registered Migration Agent with the registration number #0601370 under the previous regulatory scheme). With over two decades of experience, he specialises in business, investment, and employment-related migration, along with providing associated legal services. Alex's extensive migration experience encompasses: - Advising and representing clients from the public sector, corporations, and individuals to achieve the best employment-related outcomes through Australia's Temporary Business Entry program. - Assisting corporate clients and entrepreneurs in facilitating trade and investment activities through Australia's Business Skills program. - Advising and representing individuals in obtaining Permanent Residence and Australian Citizenship. - Representing private clients before Tribunals and Courts in visa decision review proceedings. - Advising and acting for employers of overseas workers in relation to employment law and Departmental monitoring and auditing processes. - Assisting clients with ancillary and post-settlement legal services, including Customs and Australian Quarantine Inspection Service requirements, Foreign Investment Review Board applications, business or real property purchases, commercial premises leasing, and referrals to integrated taxation and accounting services. Alex's client base includes mining interests, health and aged care service providers, financial institutions, recruitment businesses, education providers, and high net worth individuals. Qualifications / Certifications and experience: - Barrister and solicitor in NSW since 2006 - Accredited Educator – Migration Institute of Australia - Former VP of the Migration Institute of Australia NSW/ ACT Branch – 2 years, and Committee Member for over 10 years - Doyles Guide – Leading Immigration Lawyers in NSW (2021/2022/2023) - Contributor to senate committee and departmental immigration enquiries since 2013 - Immigration legal commentator in numerous free to air, subscription, and online resources over the preceding decade - Conversational in Mandarin Chinese.
