Challenging Age Barriers in Migration: A Fresh Take from Future Lawyers

At Rehman Sheriff Group, we have always believed that migration is about more than paperwork and policies—it is about people. Every year, we open our doors to bright minds through our Work Integrated Learning (WIL) internship program in partnership with Victoria University. It is a chance for law students to step out of the classroom and into real-world issues, and sometimes, they uncover questions that deserve to be asked louder.

 

This winter, six of our interns—Antonio Fernandez, Jessica Bogdanovska, Betelihem Brhane, Rose Buenaventura, Gardenia Alquozy, and Josephine Jarjis—took on a challenge that touches the heart of fairness in Australia’s migration system: the age restrictions on the 186 Employer Nomination Scheme (ENS) visa.

 

Right now, the rules say that most applicants must be under 45 years old to qualify. There are a few exceptions—for example, if you are a high-income earner, a top academic, or a regional medical practitioner—but for the vast majority, turning 45 means the door quietly closes, no matter how skilled or experienced you may be.

 

For our interns, this did not sit right.

 

From left to right: Flora Dinh, Gardenia Alquozy, and Jessica Bogdanovska in discussion during the RSG Internship, July 30, 2025.

 

“As law interns for the Rehman Sheriff Group and students at Victoria University, we are advocating for a reform that we believe will strengthen Australia’s migration system,” says Antonio Fernandez. “We want to see the age limit lifted, so qualified individuals with the necessary skills and experience are not excluded. Migrants of all ages bring enormous value—not only to the economy but also to Australia’s cultural diversity, social cohesion, and democratic values.”

 

It is a fair point. After all, the government sets the retirement age for the Age Pension at 67 years old. If someone can legally work until 67, why should migration law arbitrarily draw the line at 45?

 

Australia already has the Age Discrimination Act 2004, designed to protect people from being treated unfairly because of age. But here is the catch: the migration law is exempt from that Act. That means rules like the 45-year-old cut-off can exist, even if they would look discriminatory anywhere else in the workforce.

 

RSG interns from Victoria University in a roundtable discussion at Rehman Sheriff Group—bringing fresh perspectives and bold ideas on migration reform to the table.

 

Our interns are questioning this gap. They are preparing submissions for the Australian Human Rights Commission, the Ageing & Disability Commission, and various Federal Government departments. Their work is more than an academic exercise—it is a genuine attempt to spark a conversation about fairness, productivity, and the kind of country Australia wants to be.

At RSG, we could not be prouder. This is what the WIL program is all about: giving the next generation of legal professionals the platform to challenge the status quo and push for meaningful change.

 

And while migration law can sometimes feel cold and technical, seeing it through the eyes of six passionate interns reminds us of something important: behind every policy are real people with dreams, skills, and stories to tell.

 

Stay tuned—this journey is just getting started.

Flora Dinh (Associate Lawyer at RSG) Rose Buenaventura (RSG Intern) Pam Christou (Work Integrated Learning Coordinator, Victoria Law School), Jessica Bogdanovska (RSG Intern), Antonio Fernandez (RSG Intern), Farhan Rehman (Principal Lawyer at RSG), Josephine Jarjis (RSG Intern),Betty Brhane (RSG Intern), Gardenia Alquozy (RSG Intern). The interns are part of the Work Integrated Learning (WIL) Program at Victoria University’s Law School, partnering with Rehman Sheriff Group to gain real-world legal experience while contributing to meaningful reform projects.

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Rehman Sheriff Group is an Australian Law Firm specialising in Immigration and Skills Acquisition.

The information contained in this publication is of a general nature only. It should not be used as legal advice. Sources available upon request. To the extent permissible by law, Rehman Sheriff Group and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation. Please refer to our website’s terms of use.

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