Application of the law, what does that mean?
Essentially, with knowledge of the law and your circumstances, an immigration lawyer can build an immigration solution for you. Of course, in some circumstances the law may not be able to be applied in the way that an individual hopes for but usually there is a way. That is the job of the immigration lawyer – finding a way. The passage may be slightly longer a bit windier than expected, but the immigration lawyer has many skills.
The first skill is to identify a straightforward pathway that leads you straight to a visa or citizenship. This vanilla slice option is generally reserved for people that have occupations on the medium to long term skills shortage list, are in a relationship with an Australian (and have lots of documents to show that) or have a strong application for citizenship. For the vanilla slice option, your immigration lawyer will collate the appropriate documents, prepare the application, and communicate with the Department of Home Affairs on your behalf following lodgement.
The second skill is to present those more complex cases. It might be that you are unlawful right now, but you have found Australian love. Or your relationship is only new, and you have made the decision to lodge a partner visa. Or your occupation is on the short-term skilled occupation list, but you are hoping to find a way to permanent residency at some point in the future. For these applications, the immigration lawyer will do all the things that are required for the vanilla slice application but also provide legal advice on the complexities of your case. These complexities would also be carefully explained to the Department of Home Affairs upon lodgement of any application so that your application is not refused for reason of misunderstanding. The right information is critical for when things are not vanilla slice.
The third skill is that your immigration lawyer can assist in explaining a request or a notification and help you to respond. If you have ever received a letter from the Department of Home Affairs that requests you to provide information, comment on adverse information or be told that your visa might be cancelled, you know why this is important. For anyone that hasn’t, just imagine getting a letter from the Government that is vague or technical which may mean you need to relocate to your home country. It’s a bit scary. Your immigration lawyer can interpret the notification or request and prepare a response that provides an explanation after investigating the reasons this notice came about. Often the response to one of these notices is the difference between being granted a visa or not, or the final step before your visa is cancelled. So having someone that can interpret and adequately respond is critical.
Finally, your immigration lawyer can apply the law when things go wrong. If you find yourself with a visa refusal or visa cancellation and you are in Australia, you have the right to appeal this decision. These decisions are reviewed by the Administrative Appeals Tribunal. This Tribunal is an independent entity and allows you to essentially tell your story against the visa requirements, again. Your immigration lawyer can attend the Tribunal hearing with you and prepare submissions that allow you to tell your story to the Tribunal member. And, although the Tribunal member does not have the power to grant you a visa, they will make a recommendation to the Department of Home Affairs if they are of the view that the wrong decision has been made.
So, while in some cases putting together a visa application might seem like a simple task, it is quickly complicated when documents or information are not presented in the right way. Your immigration lawyer can be the one to assist you to prepare documents and information at the initial visa stage (whether vanilla slice or complex), in response to a notice or at an appeal.
Our Creator & Director has spent many days in the Tribunal supporting clients and many more days preparing visa applications. If you need assistance, at any stage in your immigration journey please reach out to us – hello@passagemigration.consulting
Otherwise, stay curious, fill out the form correctly and be kind.
Rachael is our Legal Practice Director, Youtube Host and Creator of Passage Migration Consulting.
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