JOEL MCCOMBER Curriculum Vitae

Sentry Law Pty Ltd

ABN 40 632 429 326

I am an Australian Legal Practitioner admitted to practice in the Supreme Court of Queensland and the High Court of Australia.

Since 2017 I have been the managing Legal Practitioner Director of law firms with a sole focus on in complex migration matters, specifically visa cancellations and refusals on character grounds under s 501 of the Migration Act 1958 and quasi-character cancellations under s 116(1)(e).

I have appeared in matters across Australia before the Administrative Appeals Tribunal (in both its Migration and Refugee and General Divisions), as well as the Federal Circuit Court of Australia and Federal Court of Australia.

Migration Law Experience1

Responding to Notices of Intention to Consider Refusal under s 501(1) of the Migration Act.

Responding to Notices of Intention to Consider Cancellation under s 501(2) of the Migration Act.

Requesting revocation of mandatory visa cancellations under s 501CA of the Migration Act.

Responding to Notices of Intention to Consider Cancellation under s 116(1) of the Migration Act.

Requesting revocation of offshore cancellations under s 131 of the Migration Act.

Applying for review of character-related decisions to the AAT (General Division).

Applying for review of s 116(1) cancellation decision to the AAT (Migration and Refugee Division)

Applying to the Federal Circuit Court of Australia for judicial review of migration decisions.

Applying to the Federal Court of Australia for judicial review of migration decisions.

Appealing to the Federal Court of Australia from decisions of the Federal Circuit Court of Australia.

Admissions and Registrations

2017 Registered as a Registered Migration Agent (MARN 1793340)

2016 Admitted to the High Court of Australia’s Register of Practitioners

2015 Admitted as a Legal Practitioner in the Supreme Court of Queensland

General Work Experience

2019-Present Managing Legal Practitioner Director—Sentry Law

2017-2019 Managing Legal Practitioner Director—Samuta McComber Lawyers

2017 Project Solicitor—LawRight

2015-2017 Solicitor—Hall Payne Lawyers

1 Evidence of experience is provided in provided in Schedule 1 to this CV.

Education

2014 Graduate Diploma of Legal Practice—College of Law

2009-2014 Bachelor of Arts/Bachelor of Laws (Honours)—The University of Queensland

2004-2008 Secondary Schooling—Brisbane State High School (2008 School Vice-Captain)

Memberships

Queensland Law Society

Pacific Islands Council of Queensland Inc.

Migration Alliance

Hi there,

Thank you for taking the time to read to the end my CV!

The following pages provide evidence of my experience in the migration law areas identified above (I have encountered some scepticism about my experience in the past). Included are a selection of mostly positive outcomes I have had the opportunity to be part of. I have not included evidence of all matters I have acted in.

If you’d like to get in contact with me to discuss how afluoMAS could assist your migration agency, please contact me by email (joel@sentrylaw.com.au), phone (07 3184 6774) or LinkedIn.

Kind regards,

Joel McComber

SCHEDULE 1 Evidence of Migration Law Experience

Responding to Notice of Intention to Consider Refusal—s 501(1)

Responding to Notice of Intention to Consider Cancellation—s 501(2)

Requesting Revocation of Mandatory Visa Cancellation—s 501CA

Request for revocation of offshore cancellation (s 128) under s 131

Application for review of s 116(1) cancellation decision – AAT (Migration and Refugee)

Burton [2018] AATA 4220

Successful application for review of cancellation decision under s 116(1)(e) of the Migration Act 1958.

In this matter, the applicant’s visa had been cancelled while he was on bail pending trial for a number of serious offences and alleged associations with an outlaw motorcycle club.

Owing to the matter’s complexity and the increased prevalence of cancellations under s 116(1)(e) in circumstances where non-citizens are awaiting trial, the matter was heard by two members, including Deputy President Redfern—the Head of the Tribunal’s Migration and Refugee Division.

Nauer [2018] AATA 1097

Successful application for review of cancellation decision under s 116(1)(e) of the Migration Act 1958.

In this matter, the applicant’s visa had been cancelled while being held on remand pending trial of a number of serious matters.

Mugo [2019] AATA 2357

Successful application for review of cancellation decision under s 116(1)(e) of the Migration Act 1958.

In this matter the applicant’s visa had been cancelled while on bail pending trial of a single charge of assault occasioning bodily harm (which was subsequently dismissed on the basis that there was no case to answer).

Application for review of s 501 character-related decisions – AAT (General Division)

DND and Minister for Home Affairs [2018] AATA 2716

Successful application for review of non-revocation decision made under s 501CA(4) of the Migration Act 1958.

This was a complex matter involving an application with a long criminal history and long term substance misuse problems.

WSML and Minister for Home Affairs [2019] AATA 41

Successful application for review of cancellation decision made under s 501(2) of the Migration Act 1958.

This was a matter involving repeated domestic violence offending over an extended period but ceasing several years before cancellation.

ZNBG and Minister for Home Affairs [2019] AATA 1872

Successful application for review of non-revocation decision made under s 501CA(4) of the Migration Act 1958.

Aualiitia and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] AATA 5557

Successful application for review of non-revocation decision made under s 501CA(4) of the Migration Act 1958.

Application for judicial review of migration decision – Federal Circuit Court of Australia

Salter v Minister for Home Affairs & Anor [2019] FCCA 1298

In this unsuccessful application for judicial review I appeared as counsel and argued that by failing to put specific, relevant matters to the Applicant and other witnesses at hearing, the Tribunal committed jurisdictional error. Heavy reliance placed on Hyunh v Minister for Immigration (2015) 232 FCR 497 in both written and oral submissions.

Moorcroft v Minister for Home Affairs & Anor [2019] FCCA 772 (currently on appeal)

In this unsuccessful application for judicial review I appeared as counsel and argued that the principle of legality (Lee v New South Wales Crime Commission (2013) 251 CLR 196 at 309 to 311) required the s 5 definition of “behaviour concern non-citizen” to be read down as meaning “lawfully removed or deported from Australia.”

An appeal of the Federal Circuit Court’s decision is currently reserved for judgement in the Federal Court. My written submissions on appeal can be read here.

Appeal of Federal Circuit Court of Australia decision – Federal Court of Australia

Salter v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2054

This was an unsuccessful appeal of the Federal Circuit Court’s earlier decision (see above) I continued to rely on arguments predicated upon the Federal Court’s decision in Hyunh v Minister for Immigration (2015) 232 FCR 497.

Though the appeal was unsuccessful, Justice Logan at [31] did make the following comment:

Indeed, one way of disposing of the appeal would have been to have recorded that the appeal had to be dismissed for the reasons given by the learned primary judge, but so doing would not have done justice to the argument carefully developed on Mr Salter’s part by his solicitor, Mr McComber or, for that matter, to the response to that on behalf of the Minister.