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Immigration.png

Immigration Law

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Hiring a migration lawyer is an important decision. Think lawyers have a team of solicitors who have extensive experience in dealing with complex migration cases.  

Migration law mostly involves the preparation and lodgement of visa and citizenship applications. However, complicated situations may arise such as incorrect information, bogus documents, refusals or character cancellations. 

We act in the best interest of our clients and will provide personalized solutions to achieve the best outcome.

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Matters Our Migration Lawyers Can Assist You With

We can provide assistance with all aspect of migration law including but not limited to:  

  • Visa applications  

  • Citizenship 

  • Character issues  

  • Legal submissions  

  • Visa cancellations  

  • Complex judicial & merits review cases  

  • Administrative Appeals Tribunal (AAT) 

  • Federal Circuit Court (FCC)  

  • Federal Court  

  • High Court of Australia

 

Visa Cancellations

There are several reasons why a visa may be cancelled:  

  • Non-compliance with visa conditions  

  • Not meeting character requirement  

  • Provided false information or documents on visa application  

  • You have asked for the visa to be cancelled 

However, in some circumstances, we can reinstate the cancelled visa. This process is complex but our migration lawyers are expert at navigating this process and will put forward the best case on your behalf.

AAT Appeals 

If your visa application is refused, you may be given a specific timeframe to lodge an appeal with AAT. During the AAT appeal, the following will be reviewed:  

  • All documentation, evidence, forms and interview records held by the Department of Home Affairs  

  • All submissions or evidence submitted to AAT  

  • All evidence supplied at the hearing 

In order to achieve the best outcome for the appeal, it is best to consult with migration lawyers to first look at the grounds for refusal. We will look at the refusal notice as well as look at the previously submitted application as a whole. Once we determine why the application was refused, we will then formulate the best strategy which will include but not be limited to:  

  • Preparing a statement outlining the different aspects of the case  

  • Obtaining supporting evidence such as medical reports or letters of support  

  • Obtain witness statements to support the case 

  • Providing additional evidence that is relevant to the case  

  • Doing legal research to further substantiate the case 

  • Attend the AAT hearing if we are representing the client 

Appealing To The Federal Circuit Court

If the AAT appeal is unsuccessful, we can then appeal to the FCC. The process for this can be extremely complex and technical and we recommend seeking legal advice from a migration lawyer if your visa refusal reaches this stage. 

The court will assess the previous decisions made on your visa application and AAT appeal to determine if they were made in accordance with the law.  

Some of the errors that may be committed at the AAT stage include:  

  • Failure to consider the claim or integer of the claim  

  • Asking the wrong question  

  • Making an unreasonable decision  

  • Failure to make an obvious enquiry