The intersection between criminal law and immigration has never been more complex - or more critical. More clients are facing immigration consequences from old or minor matters that unexpectedly reappear on police checks. These historical issues, along with new charges or court appearances, can trigger character concerns, visa refusal, cancellation, or delays in citizenship. Together with an accredited specialist in both Criminal Law and Immigration Law, explore what’s actually happening ‘out there’ in practice - where criminal law outcomes, even where no conviction is recorded, may still affect a client’s immigration status. From mental health dismissals to bonds, good behaviour orders and sentencing, the implications can be far-reaching and difficult to reverse. You will gain clarity on how to interpret AFP and ACIC reports, identify key risks early, and understand how Department of Home Affairs policies are being applied in real cases.

Presenters

Kim Hunter, Criminal Defence & Immigration Lawyer, Hunter Flood Lawyers
Ms Kim Hunter is a criminal defence and immigration lawyer as well as an Accredited Specialist in Immigration Law from Hunter Flood Lawyers in Sydney. Kim has a law degree, 3 first places in law exams (Criminal law, evidence & succession), second place in Constitutional Law and 2 Butterworths Law prizes. Kim Has always had her own private law practice and since becoming an Accredited Specialist in Immigration Law now only practices in criminal defence and complex immigration matters. Kim has formerly lectured in post graduate law at Australian National University and regularly lectures for the Law Society of NSW, Legal Aid and various other professional bodies and organisations including the MIA and Law Council of Australia. Kim is on an expert panel for a research project led by Prof Alison Gerard and funded by the Australian Research Council, being undertaken by leading Professors from Charles Sturt, Flinders and Monash universities in Australia and Oxford University in the UK on the topic of ‘Crimmigration’ – the intersection of criminal and immigration laws in Australia.


Nicholas Poynder, Barrister, Rosny Chambers
Consistently recognised in the Immigration Category of the Australian Financial Review Best Lawyers in Australia from 2012 to 2017, Nick maintains a solid migration law practice. He also practises in the areas of anti-discrimination law and family law. Nick has appeared as junior counsel in notable decisions in the High Court of Australia and provides high quality advice and representation as sole counsel in other courts and tribunals, including the Federal Circuit Court, Federal Court of Australia, and the Administrative Appeals Tribunal (General Division and Migration & Refugee Division). The nature of these matters ranges from legal issues which might arise during the processing or cancellation of visas, to applications for the review of decisions to refuse or cancel a visa. Prior to being called the Bar, Nick practised as a legal adviser to asylum-seekers in Port Hedland (Western Australia), locum practitioner with the Central Australian Aboriginal Legal Aid Service in Alice Springs (Northern Territory) and later co-ordinator of the Refugee Advice and Casework Service in Sydney. He was also a Senior Legal Officer with the Human Rights and Equal Opportunity Commission in Sydney. Nick is the current author of the Judicial Review commentary in the LexisNexis Australian Immigration Law Service. Admitted to the Bar in both Victoria and New South Wales (and maintaining a practice in both jurisdictions), Nick holds a Master of Laws from the University of New South Wales, a Bachelor of Laws (with Honours) and a Bachelor of Arts from the University of Tasmania. He was one of the first migration agents to be registered in Australia.

The Immigration Hour: Latest Updates, Timely Insights and Practical Strategies

What Now?  

In the past three months, 13 more businesses were sanctioned by the Australian Border Force for sponsorship breaches, bringing the total to over 120 this year. Penalties include cancellations, sanction bars, and fines up to $79,200. Common issues include role mismatches, salary breaches, and false information. Ensure your clients’ sponsored workers meet all obligations and that required Department notifications are made - sponsorship is not a set-and-forget responsibility, so now is the time to act. Meanwhile, delays are causing serious distress for clients, making effective strategies urgent and the intersection of criminal law and immigration has never been more complex, with more clients facing immigration consequences from old or minor matters resurfacing in police checks.

Our 5-part Casual Fridays for Busy Immigration Practitioners – Latest Updates, Timely Insights, Practical Strategies & Real Conversations, covers these issues in depth. Plus, gain authoritative insights on Ministerial Interventions from Dr Jason Donnelly, one of Australia’s leading immigration and public law experts and hear from an experienced barrister on the ethical use of AI in cases.