Immigration publication substantially enhanced
Practitioners doing immigration work will find the By Lawyers Immigration publication has been substantially reviewed and expanded. The new content includes significant new commentary on reviews, appeals and ministerial intervention.
Lawyers doing immigration work
Practitioners will be aware that barriers to lawyers doing immigration work were lifted from 22 March 2021. Amendments to the Migration Act 1958 (Cth) removed the requirement for lawyers with an unrestricted practising certificate to also be registered as migration agents before doing immigration work for their clients. See the previous By Lawyers Obiter post Lawyers doing immigration work for more information.
The resultant opportunity has seen By Lawyers Immigration publication expanded to assist practitioners acting for clients in immigration matters.
Review, appeals and ministerial intervention
The existing section of the By Lawyers Immigration publication has had new commentary and precedents added. This new content will assist practitioners acting for an applicant who seeks to review a decision concerning an existing visa or a visa application. The publication now covers all possible review options up to and including High Court appeals.
New commentary and precedents
Enhancements include the addition of the following precedents and the expansion of the related commentary to provide highly practical resources on the review and appeals process:
Administrative Appeals Tribunal
- Letter to client with costs agreement explaining the tribunal process
- Letter to client re invitation to provide information from tribunal
- Letter instructing expert witness to prepare report and attend tribunal hearing
- Statement of Issues, facts and contentions
- Draft minutes for consent order – Administrative Appeals Tribunal
- Letter to client – Application for review of tribunal decision successful
- Letter to client advising of tribunal refusal and attaching decision
Immigration Assessment Authority
- Letter to client – Application for review of authority decision successful
- Letter to client advising of authority refusal and attaching decision
- Example content – Statutory declaration by applicant – Submission accurately and completely presents claim
Judicial review
- Letter to client with costs agreement explaining the court process
- Brief to Counsel
- Example content – Grounds for application for judicial review
- Example content – Affidavit to accompany application for judicial review
- Example content – Final orders sought by the applicant
- Example content – Affidavit for filing or tendering evidence
- Example content – Affidavit in support of application for extension of time to lodge application for judicial review
- Letter to client after decision – Application granted
- Letter to client after decision – Application refused
The enhancement of this publication assists practitioners to do immigration work for clients in all type of Migration Act matters.