David Gu 顾大卫

Solicitor Director 首席律师Accredited Specialist in Immigration Law 认证移民法专家

David Gu is the Solicitor Director of ProActive Legal and has extensive experience in practising in Australia immigration law.

He is also an Accredited Specialist in Immigration Law by the Law Society of NSW, one of only 36 currently in New South Wales. Even for the whole of Australia, there is currently less than 80 Accredited Specialists in Immigration Law among some 5500 registered migration agents.

 

What is an Accredited Specialist in Immigration Law?

In the legal profession an Accredited Specialist in Immigration Law is a solicitor who has demonstrated high level of competence in Australian immigration law and policies and has been awarded Specialist Accreditation by the Law Society.

To become an Accredited Specialist in Immigration Law a solicitor must complete at least five years of practice with at least three years of extensive experience in immigration law. They are then required to undertake and pass the Law Society’s rigorous oral and written examinations. To maintain Specialist Accreditation, they must undertake on-going training in the area of immigration law, in addition to that required of other solicitors.

 

David started his career in immigration law in 2005 when he worked for the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) (now the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT)). He later worked for the Department of Immigration and Citizenship (now known as Department of Immigration and Border Protection) for close to 5 years. During that period, David worked in a number of different roles, including as a Legal Officer of Department of Immigration. David moved to private practice as a Solicitor in 2010, when he joined a Sydney law firm specialising in immigration law and practice, and where he later become an Associate. In early 2013, David founded ProActive Legal.

Over the years, David has assisted many clients, both individual and corporate, to achieve their goals. He has resolved some of the most challenging and complicated migration problems.

Listed below are some of David’s notable achievements:

  • As a Solicitor Advocate (without a Barrister), David represented and won the first ever judicial review case, Singh v MIAC [2012] FMCA 145, concerning a public interest criterion (PIC 4020) dealing with fraud in relation to visa application.
  • Successfully overturning an airport Student visa cancellation decision in the Federal Magistrates Court. His submissions resulted in the Minister for Immigration conceding without the need for a court hearing (Jiang v MIAC – SYG538/2012).
  • Successfully representing a client in the MRT on a review of Student visa refusal. That was initially refused on the ground that the visa applicant is not a genuine temporary entrant because he did not complete any course of studies during his 7 years in Australia.
  • Successfully persuading the MRT to accept an adult of 28 years of age being a ‘dependent child’ of a primary visa applicant despite the person not being medically disabled or undertaking any course of study.
  • Successfully prepared and applied for a client in a Subclass 892 Business Owner (Residence) visa despite the client having earlier made two unsuccessful Subclass 892 Business Owner visa application prepared by another registered migration agent
  • Successfully represented clients in judicial review proceedings where the case was won without a hearing.
  • Assisting a corporation to successfully sponsor a number foreign workers to work in the occupation of Massage Therapist on subclass 457 Temporary Work (Skilled) visas at a salary of $96,400.

David’s proven experience and knowledge in immigration law, policies and procedures are crucial assets in providing strategic and practical migration solutions. He is also frequently consulted by other registered migration agent and migration lawyers on difficult and challenging cases.

David also practises in family law and civil dispute matters, including employment disputes.

 

Qualifications and Professional Associations

  • Accredited Specialist, Immigration Law
  • Bachelor of Law
  • Bachelor of Business (Management)
  • Graduate Diploma in Legal Practice
  • Solicitor of the Supreme Court of New South Wales
  • Solicitor of the High Court of Australia
  • Registered Migration Agent: 1066304
  • Qualified Education Agent Counsellor: H377
  • Member of the Law Society of New South Wales
  • Member of the Migration Institute of Australia
  • Member of the International Law Section, Law Council of Australia

 

Language

  • English
  • Chinese (Mandarin)
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