Migration Law

Migration law is an intricate and complex area of the law with the legislation, regulations, policy and statutory rules and frequent amendments running into thousands of pages. We provide legal representation and advice in the matters of visa refusal, visa cancellation and any adverse decision made by the Department of Home Affairs, Delegate of the Immigration Minister or the Minister of Immigration.

In the event a visa application is declined or refused, such decision may be subject to review by the Administrative Appeals Tribunal -Migration Review Division (AAT – MRD).

The reviewing authority has the power to set aside the decision of the department. The AAT-MRD can also remit the matter to the Department of Home Affairs to reconsider and decide the visa application in a particular manner. The review process, however, is not an easy process. The process may involve the interpretation of evidence provided to the department and the correct interpretation of the Migration Act 1958. Additionally, it requires the application of law made by the court in various judgments. One need to take utmost care with such a review application.

In case the application is unsuccessful with the AAT-MRD one may have recourse to the Federal Circuit Court of Australia. However, the window of challenge in the Federal Circuit Court is very narrow. The Federal Circuit Court would only entertain an application questioning the validity of a decision made by the AAT-MRD, only if it involves a jurisdictional error and/or involves the issue of procedural fairness. There are strict time limits to lodge an application with the Federal Circuit Court. Again, the drafting such an application requires interpretation of the Migration act 1958, the Migration Regulations, the policy and updated amendments therein made under the act and on certain occasion may require the interpretation of the Constitution of Australia.

We advise and provide legal support on the following:

  • Spouse or partner visa refusal or cancellation
  • Parent visa refusal or cancellation
  • Single parent visa refusal or cancellation
  • Business Innovation and Investment (Permanent) visa (subclass 888)
  • Skilled visa refusal or cancellation
  • Student visa refusal or cancellation
  • Bridging visa refusal or cancellation
  • Refugee visa refusal or cancellation
  • Visa cancellation under s501 of the Migration Act 1958
  • Visa cancellation under s116 of the Migration Act 1958
  • Representation in the AAT-MRD review
  • Representation in the Federal Circuit Court appeal
  • Immigration detention
  • Constitutional challenges
  • Indian citizenship laws

We serve all suburbs including but not limited to the following:

  • Ascot Vale
  • Brunswick
  • Brunswick East
  • Carlton
  • Dockland
  • Fitzroy
  • Moonee Ponds
  • Southbank
  • Airport West
  • Avondale
  • Heights
  • Essendon
  • Keilor
  • Melton
  • Niddrie
  • Plumpton
  • St Albans
  • Strathmore
  • Sunbury
  • Taylors Lake
  • Tullamarine
  • Bundoora
  • Campbellfield
  • Coburg
  • Craigieburn
  • Epping
  • Greenvale
  • Lalor
  • Preston
  • Reservoir
  • Roxburgh Park
  • Thomastown
  • Bulleen
  • Diamond Creek
  • Doreen
  • Eltham
  • Greensborough
  • Heidelberg
  • Ivanhoe
  • Mernda
  • South Morang
  • Templestowe
  • Balwyn
  • Bayswater
  • Blackburn
  • Box Hill
  • Burwood
  • Camberwell
  • Croydon
  • Doncaster
  • Ferntree gully
  • Mitcham
  • Nunawading
  • Ringwood
  • Wantirna
  • Ashburton
  • Bentleigh
  • Berwick
  • Brighton
  • Cheltenham
  • Cranbourne
  • Dandenong
  • Frankston
  • Glen Waverley
  • Hampton
  • Keysborough
  • Lynbrook
  • Mentone
  • Narre Warren
  • Noble Park
  • Oakleigh
  • Sandringham
  • Springvale
  • Altona
  • Altona Meadows
  • Geelong
  • Hoppers Crossing
  • Laverton
  • Manor Lakes
  • Newport
  • Point Cook
  • Werribee
  • Williamstown
  • Wyndham Vale
  • Deer Park
  • Footscray
  • Melton
  • Sunshine
  • Tarneit
  • Truganina
  • Sydney CBD
  • Ashfield
  • Bankstown
  • Blacktown
  • Campbelltown
  • Castle Hill
  • Chatswood
  • Fairfield
  • Hurstville
  • Liverpool
  • Parramatta
  • Rouse Hill

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