In Australia, any individual or firm providing immigration advice and/or assistance must be registered with the Migration Agents Registration Authority (MARA).
As such, Australian migration practitioners are regulated by a code of conduct and the guidelines and policies of MARA. This is the case for both Australian Migration Agents and Australian Lawyers who practice immigration law.
It is important to note that all MARA registered Australian immigration lawyers are also Australian Migration Agents. However, not all Australian Migration Agents can claim to be Australian Immigration Lawyers.
Many prospective visa applicants are unaware of the significant legal training undertaken by Australian immigration lawyers.
In order to practice law independently in Australia, at least three years of post secondary university education in law is required, including prescribed courses in Australian Administration Law (involving legal challenges to Government decisions such as the grant or refusal of Australian visa applications), professional conduct and ethical conduct.
This is followed by a period of supervised practical work in the field of law under the direction of an experienced mentor. As a result of this extensive period of study and practical experience, Australian Lawyers possess significant skills and experience in Australian Law before they are permitted to practice independently.
Gaining any visa is a matter of law, so a full understanding of the law and how it applies to individual circumstances is of vital importance in preparing and submitting a quality immigration visa application. Australian Immigration Law is extremely complex and is continually evolving. Lawyers are often required to analyse, interpret and apply Australian legislation, case law and Government policy on a daily basis. Australian Immigration Lawyers are skilled in working through this kind of complexity as a result of their legal training and experience.
Visa applications submitted to the Department of Immigration and Citizenship is governed by a set of laws that includes the Migration Act 1958 and the Migration Regulations1994. Because of this legislative framework, the type and quality of submissions provided to the Department of Immigration and Citizenship plays a vital role in determining whether there will be grant or refusal of your visa application.
It is not always enough to simply rely on the Department of Immigration and Citizenships’ ‘checklist’ of supporting evidence to be submitted along with your application. A strong understanding of the legislation, policy and procedure applied by the Department of Immigration and Citizenship is required to prepare a strong visa application
In addition well prepared legal submissions are of paramount importance when clients are faced with refusal of their visa application or cancellation of their visa. Strong legal submissions will ensure that each of the visa criteria required for your visa grant is properly addressed and supported by appropriate documentation when dealing with these situations. Our experienced Migration Lawyers are able to assist you to effectively prepare and submit strong legal submissions in response to visa cancellations and for merits review applications.
Australian Immigration Lawyers are exposed in the advice they can give by the boundaries of immigration law. They are legal professionals trained in the Laws of Australia. They are able to advise you in relation to the full range of laws that may be relevant to you circumstances.
Immigration matters often associate with a clients’ rights and responsibilities in other areas of law, such as family law, employment law, business law, criminal law, tax law, etc. Our Lawyers are trained in all areas of Australian law and this training along with experience means they will be able to identify any potential implications these other areas of law may have on your visa application.
If your visa application gets refused and if you choose to bring an appeal before the Australian Courts, an Immigration Lawyer will be able to represent you in that review. Appeals are often an important part of the application process, so it is sensible to make sure this option is available to you from the beginning.