Immigration Practice Areas

Temporary work visas such as Subclass 457

The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to four years. You must be sponsored by an approved business. A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.

Employment Nominations (ENS)

The Employer Nomination Scheme visa is for skilled workers who want to work in Australia. This visa involves a two-step process, firstly, nomination by an approved Australian employer and then an application under the nominated stream. It is part of the Permanent Employer Sponsored Visa programme.

Regional Sponsored Migration Scheme visa (RSMS)

The Regional Sponsored Migration Scheme visa (RSMS) is for skilled workers who want to work in regional Australia. This visa involves a two-step process, firstly, nomination by an approved Australian employer and then an application under the nominated stream. It is part of the Permanent Employer Sponsored Visa program. The visa is a permanent resident visa. You can be in or outside Australia when you apply.

Spouse / Partner visas

Do you intend to marry an Australian citizen, Australian permanent resident or eligible New Zealand citizen? Are you married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen? Or are you the de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Then this visa is for you. Call us for more details.

Parent visas and Contributory Parent visas

These visas lets parents live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia. Most applicants must be sponsored by their child.

New Zealand Citizen Family Relationship visas

The New Zealand Citizen Family Relationship (Temporary) visa allows someone who is not a New Zealand citizen to live in Australia with a family member who is a New Zealand citizen.

Resident Return visas

The Resident Return visa is for current or former Australian permanent residents and former Australian citizens who want to travel overseas and return to Australia as permanent residents. The Resident Return visa will let you keep or regain your status as an Australian permanent resident.

Child visas

A Child visa lets an eligible parent sponsor their child to live in Australia indefinitely.

Orphan Relative visas

An Orphan Relative visa is for a child whose parents are dead, permanently incapacitated or of unknown whereabouts. It allows a child in this situation to travel to and stay permanently with their sponsoring relative in Australia.

Remaining relative visas

The Remaining Relative visa is a permanent visa for people who want to live in Australia to be with their only near relatives.

Student visas

This visa is for people wanting to travel and to study in Australia. Please call us to find out if you qualify for this visa or any alternative visa.

Skilled visas

The Skilled visa is a permanent residence visa for points-tested skilled workers who want to work and live in Australia.

Visitor visas

The visitor visa lets you visit Australia for tourism or for business purposes. It is valid for up to three, six or 12 months.

Medical visas

The Medical Treatment visa is for people to have medical treatment or medical consultations in Australia. It is a temporary visa.

Distinguished Talent visas

The Distinguished Talent visa lets you live permanently in Australia if you have an internationally recognised record of exceptional and outstanding achievement in a profession, a sport, the arts or academia and research.

Bridging visas

There are different types of bridging visas. An example of a bridging visa is Bridging Visa A (BVA). A BVA is a temporary visa. It can be granted if you lodge an application in Australia for a new substantive visa while you still hold a current substantive visa. It allows you to remain lawfully in Australia after your current substantive visa ends and while your new substantive visa application is being process.

Visa Cancellation / Deportation

Temporary and permanent Australia visas can be cancelled. The Migration Act contains a number of provisions that give the Minister power to cancel a visa in various circumstances. Visas can be cancelled under if the visa holder provided false/ incorrect information or bogus documents, failed to comply with the conditions of their visa, which in some circumstances may lead to automatic cancellation or the person is not a person of good character or it is in the public interest to have that person’s visa cancelled.
Generally the power to cancel a visa is discretionary. The department (or the Tribunal, if it goes to appeal) will look at all the circumstances to see whether a visa should be cancelled. However, in certain circumstances, there is no discretion if a breach has been established. If you have received a notice of an intention to consider cancelling your visa or if you have been notified that your visa has been cancelled you should seek immediate advice from one of our specialist, as there are very strict time limits to respond to cancellation notices and to appeal cancellation decisions. Our office has strong expertise in this area of law and we have successfully represented many clients facing cancellation or who have had their visa cancelled.

Protection visas

To be granted Protection visa in Australia you need to be either a refugee as defined by the Refugees Convention:

  • Refugees Convention:
    The term ‘refugee’ is defined as a person who owing to well-founded fear of being persecuted for reasons of race, religion, nationality membership or a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing such fear, is unwilling to return to it; or
  • You must meet the Complementary Protection criteria in the Australian Migration Act 1958:
    Circumstances where there are substantial grounds for believing that, as necessary and foreseeable consequence of a non-citizen’s removal from Australia to a receiving country, there is a real risk the non-citizen will suffer significant harm.

Ministerial intervention applications

You can make a request for ministerial intervention if you have received a decision by a review tribunal. This is because the minister’s public interest powers need a review tribunal decision to exist before he can intervene. A ‘review tribunal’ means the Refugee Review Tribunal (RRT), the Migration Review Tribunal (MRT) or, in certain circumstances, the Administrative Appeals Tribunal (AAT).

Australian Citizenship

Advising on eligibility to apply for citizenship. Advising on evidence required in support of the citizenship application. Preparing and coordinating the citizenship application. Preparing detailed written submissions, as required. Addressing any character issues.

For further information please refer to the Department’s website: www.immi.gov.au

Where we represent our clients?

  • Department of Immigration and Citizenship
  • Migration Review Tribunal

Refugee Review Tribunal

Administrative Appeals Tribunal

The Tribunals are independent bodies which provide an independent merits review of decisions made by the Department of Immigration in relation to visas to enter or remain in Australia or in relation to visa cancellations. We can represent you before the Tribunal to appeal a decision by the Department of Immigration to refuse an application for business, family, students, skilled visas, partner visas, visitors, and decisions to refuse sponsorship or to refuse a nominated position or business activity or others.
We can prepare and lodge your appeal to the Tribunal within the time required by the Migration Regulations 1994, generally within 21 days of being refused your primary visa application by the Department of Immigration.

We also have a referral service for matters before the:

  • Federal Magistrates Court
  • Federal Court
  • High Court