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Immigration

FED

This publication navigates Australian immigration law and provides detailed and practical guidance on managing a migration client from initial engagement to final decision.

1 Matter Plan

Overview

The commentary covers the common visa types, including bridging visa applications and student visa applications, reviews and appeals.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Proof of relationship statement with example content;
  • Cover letter – Visitor visa;
  • Letters of advice for various visa applications;
  • Responses to requests for further information;
  • Suite of client letters for different visas at various stages;
  • Necessary forms and precedents for review, appeals, and ministerial intervention.
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1 Matter Plan Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Immigration
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Costs Answers
    • Item icon Further information
  • Item icon Overview
    This publication navigates Australian migration legislation and provides detailed practical guidance on managing a migration client from initial engagement to final decision. Australian migration is prescribed under the Migration Act 1958 and the Migration Regulations 1994. The Department of Home ...

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  • Item icon Summary of the process
    Applying for a visa The usual steps in making a valid visa application include:

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  • Folder icon A. Getting the matter underway
    • Item icon Registration including ImmiAccount and VEVO
      Lawyers Australian legal practitioners who hold an unrestricted practising certificate, as defined in the Migration Act 1958, can conduct immigration matters as part of their usual practice with no requirement to register as migration agents under the Act.

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    • Item icon Lawyers
      Australian legal practitioners who hold an unrestricted practising certificate, as defined in the Migration Act 1958, can conduct immigration matters as part of their usual practice with no requirement to register as migration agents under the Act. For the purpose of the Act, unrestricted means not ...

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    • Item icon Application for an Australian Legal Practitioner Number - Form 1548
    • Item icon Migration agents
      To practice in immigration matters, registration as a migration agent is required. Registration is regulated by the OMARA and agents are required to act in accordance with the Code of Conduct prescribed by the Migration (Migration Agents Code of Conduct) Regulations 2021.

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    • Item icon Apply for registration as a migration agent - OMARA
    • Item icon Code of Conduct for registered migration agents - OMARA
    • Item icon File cover sheet - Immigration
    • Item icon To do list - Immigration
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Immigration
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing costs agreement and consumer guide
    • Folder icon Library of costs agreements
      • Folder icon Australian Capital Territory
        • Item icon Costs agreement - ACT
        • Item icon Scope of work - Immigration
      • Folder icon New South Wales
        • Item icon Costs agreement - NSW
        • Item icon Scope of work - Immigration
      • Folder icon Northern Territory
        • Item icon Costs agreement - NT
        • Item icon Scope of work - Immigration
      • Folder icon Queensland
        • Item icon Initial letter to client enclosing costs agreement
        • Item icon Costs agreement - QLD
        • Item icon Scope of work - Immigration
        • Item icon Abbreviated costs disclosure - Costs under $3000
      • Folder icon South Australia
        • Item icon Costs agreement - SA
        • Item icon Scope of work - Immigration
      • Folder icon Tasmania
        • Item icon Costs agreement - TAS
        • Item icon Scope of work - Immigration
      • Folder icon Victoria
        • Item icon Costs agreement - VIC
        • Item icon Scope of work - Immigration
      • Folder icon Western Australia
        • Item icon Costs agreement - WA
        • Item icon Scope of work - Immigration
        • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Consumer Guide - OMARA
    • Item icon Appointment of a registered migration agent, legal practitioner or exempt person - Form 956
    • Item icon ImmiAccount login page - OMARA
    • Item icon Other information including health, language, character and family violence
      It is important to ensure the client is aware of all the considerations associated with the various visa applications so they can better appreciate their options.

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    • Folder icon If required - Forms for character requirements
      • Folder icon Department of Home Affairs
        • Item icon Personal particulars for assessment including character assessment - Form 80
        • Item icon Statement of Character
        • Item icon Letter to client re any visa - Request for further information
        • Item icon Response to request for further information
      • Folder icon Australian Federal Police
        • Item icon Application for national police clearance certificate
    • Item icon Making a valid visa application
      To make a valid visa application the initial steps should be:

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    • Item icon Legislation
      Applicable legislation includes:

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    • Item icon Other terms
      Permanent residency Permanent residency allows the visa holder multiple entry into Australia for up to 5 years from the date of the grant, after which time, if they have left Australia or wish to leave Australia and re-enter, they will have to apply for a Resident Return visa. Permanent ...

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    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Bridging visa
    • Item icon Bridging visa applications
      A bridging visa is a temporary visa which allows a non-citizen to have lawful status in Australia. When lodging an application onshore for a substantive visa, an applicant is typically granted an event-driven bridging visa allowing the applicant to lawfully remain in Australia while waiting for a ...

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    • Folder icon Bridging visa applications - Department of Home Affairs
      • Item icon Bridging visa E - subclass 050 - Form 1008
      • Item icon Bridging visa B - To seek permission to travel - Form 1006
      • Item icon Bridging visa D - Form 1007
      • Item icon To replace a ceased bridging visa, to change bridging visa conditions or to provide lawful status during judicial review - Form 1005
    • Item icon Enclosure - Code of behaviour - Department of Home Affairs
    • Item icon Letter to client re any visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon C. Personal and family visa
    • Item icon Personal and family visa applications
      For current visa fees and charges, see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or ...

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    • Folder icon Personal and family visa applications - Department of Home Affairs
      • Folder icon Australian values statement
        • Item icon Australian values statement for provisional and permanent visa applicants
      • Folder icon Partner visa application
        • Item icon Partner visa online applications
        • Item icon Statutory declaration by a supporting witness in relation to a partner or prospective marriage visa application - Form 888
        • Item icon Statutory declaration for family violence claim - Form 1410i
      • Folder icon Prospective marriage visa application
        • Item icon Prospective marriage visa (subclass 300)
      • Folder icon Dependent child visa application
        • Item icon Subclass 445 (temporary) visa by a dependent child - Form 918
        • Item icon Subclass 445 dependent child for a permanent partner visa - Form 1002
        • Item icon Details of child or other dependent family member aged 18 years or over - Form 47A
      • Folder icon Child visa application
        • Item icon Application for migration to Australia by a child - Form 47CH
      • Folder icon Adoption visa
        • Item icon Application for Australian citizenship for children adopted under full Hague Convention or bilateral arrangements - Form 1272
      • Folder icon Parent visa
        • Item icon Application for a parent to migrate to Australia - Form 47PA
      • Folder icon Aged dependent relative visa
        • Item icon Application for Aged Dependent Relative visa (subclass 114)
      • Folder icon Orphan relative visa
        • Item icon Sponsorship for migration to Australia (parent, aged dependent relative, remaining relative, carer) - Form 40
      • Folder icon Contributory parent visa
        • Item icon Application for migration to Australia by a contributory parent (temporary) or contributory aged parent (temporary) visa holder - Form 47PT
    • Item icon Enclosure - Family composition - Department of Home Affairs
    • Item icon Enclosure - Life in Australia - Department of Home Affairs
    • Item icon Prospective marriage visa (subclass 300)
      This is a temporary visa granted for 9 months, allowing the visa holder to marry their partner in Australia. Once the visa holder has married the applicant is then eligible to lodge a Partner visa (subclasses 820/801) application.

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    • Item icon Letter of advice - Prospective marriage
    • Item icon Partner visa
      A partner visa is for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. If the applicant holds a prospective marriage visa, the partner visa fees are reduced. Spouse is defined in s 5F of the Migration Act 1958:

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    • Item icon Proof of relationship statement
    • Item icon Example content - Proof of relationship statement
    • Item icon Enclosure - Partner Migration - Booklet 1 - Department of Home Affairs
    • Folder icon Statutory declarations
      • Item icon Commonwealth statutory declaration
      • Item icon Statutory declaration - blank - ACT
      • Item icon Statutory declaration - blank - NSW
      • Item icon Statutory declaration - blank - VIC
      • Item icon Statutory declaration - blank - QLD
      • Item icon Statutory declaration - blank - TAS
      • Item icon Statutory declaration - blank - SA
      • Item icon Statutory declaration - blank - WA
      • Item icon Statutory declaration - blank - NT
      • Item icon Standard annexure note for documents
    • Item icon Dependent child visa (subclass 445)
      This visa is for dependent children of a parent who holds a Partner (provisional) visa or a Dependent Child visa where the child was not included in the original visa application. This is a temporary visa allowing the child to enter Australia while waiting for the second stage partner visa to be ...

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    • Item icon Other family sponsored visas
      For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or ...

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    • Item icon Child visa including adoption and orphan visas
      This visa category allows for children of an Australian citizen, permanent resident, or an eligible New Zealand citizen to live in Australia. To be eligible for each of these subclasses the child must be under the age of 25 and single. The applicant must be the child or step-child of the sponsor ...

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    • Item icon Enclosure - Child Migration - Booklet 2 - Department of Home Affairs
    • Item icon Enclosure - Sponsorship for a child to migrate to Australia - Department of Home Affairs
    • Item icon Parent, sponsored parent, contributory parent and aged dependant visas
      Parent visa (subclasses 103/804) This is a permanent residency visa for parents of Australian citizens, permanent residents or eligible New Zealand citizens. In order to be eligible, the applicant must satisfy the balance of family test as defined by r 1.05 of the Migration Regulations 1994. ...

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    • Item icon Carer visa (subclasses 116/836)
      This is a permanent residency visa allowing for someone to move to Australia to provide care for an Australian relative who has a long-term or permanent medical condition or to assist a relative who is providing care to a member of the family with a long-term or permanent medical condition. ...

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    • Item icon Letter to client re any visa - Request for further information
    • Item icon Letter to client re partner visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon D. Visitor visa
    • Item icon Visitor visas
      For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or ...

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    • Folder icon Visitor visa applications - Department of Home Affairs
      • Folder icon Visitor visa applications
        • Item icon Visitor visa (subclass 600)
      • Folder icon Electronic travel authority visa applications
        • Item icon Electronic Travel Authority (subclass 601)
    • Item icon Enclosure - Australian values statement for temporary visa applicants - Department of Home Affairs
    • Item icon Electronic Travel Authority visa (subclass 601)
      This visa is for tourists who hold an Electronic Travel Authority (ETA) eligible passport. Applicants must apply through the Electronic Travel Authority site using the digital app that can be downloaded from the Step by step page. Citizens of the following countries are eligible for the ETA:

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    • Folder icon If required - Medical treatment visa
      • Item icon Medical Treatment visa (subclass 602)
        The Medical Treatment visa is for non-citizens to enter or remain in Australia for the purposes of seeking medical treatment. To be eligible, the applicant must meet one of the following criteria:

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      • Folder icon Medical treatment visa applications - Department of Home Affairs
        • Item icon Medical treatment Visa
        • Item icon Evidence of intended medical treatment (includes consultation - Form 1507
    • Item icon Cover letter - Visitor visa
    • Item icon Letter to client re any visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon E. Working holiday visa
    • Item icon Working holiday visas and work and holiday visas
      Working Holiday visa (subclass 417) This visa is designed for applicants between the ages of 18 and 30 who wish to come to Australia to travel and work for up to a year.

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    • Folder icon Work and/or holiday visa applications - Department of Home Affairs
      • Item icon Working Holiday visa (subclass 417)
      • Item icon Work and Holiday visa - Employment verification - Form 1464
      • Item icon WHM Condition - 8547- Permission request form
    • Item icon Letter to client re working visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon F. Skilled visa
    • Folder icon Skilled visa applications - Department of Home Affairs
      • Folder icon Business skills visa applications
        • Item icon Business skills (provisional) visa - Form 47BT
        • Item icon Business skills (permanent) visa - Form 47BU
      • Folder icon State/Territory sponsorship
        • Item icon State/Territory sponsorship - Business skills class - Form 949
      • Folder icon Nomination
        • Item icon Nomination - Business skills class - Form 1414
      • Folder icon Declaration
        • Item icon Business skills visa class - Designated investment declaration - Form 1031
      • Folder icon Survey
        • Item icon Survey of business skills visa holders - Form 1010
      • Folder icon Skilled visa applications
        • Item icon Visa options for skilled sponsored workers
        • Item icon Skilled independent visa (subclass 189) (points-tested) stream
        • Item icon Skilled nominated visa (subclass 190)
      • Folder icon Skilled graduate visa applications
        • Item icon Skilled - Recognised graduate visa - Subclass 476
        • Item icon Temporary graduate visa - Subclass 485
      • Folder icon Skilled regional visa applications
        • Item icon Skilled regional visa (subclass 887)
        • Item icon Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
        • Item icon Skilled Work Regional (Provisional) visa (subclass 491)
      • Folder icon Temporary work visa applications
        • Item icon Temporary work (short stay activity) visa (subclass 400)
        • Item icon Temporary work (international relations) visa (subclass 403)
      • Folder icon Regional sponsored migration scheme
        • Item icon Regional sponsored migration scheme - Regional certifying body advice - Form 1404
    • Item icon Employer sponsored visa
      For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or ...

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    • Item icon Letter of advice - Employer Nomination Scheme visa
    • Item icon State or territory sponsored visa
      For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other, and repealed or ...

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    • Item icon Skilled visas including graduate and regional visas
      For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other, and repealed or ...

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    • Item icon Temporary work, training and activity visas
      For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other, and repealed or ...

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    • Item icon Letter of advice - Temporary skill shortage visa
    • Item icon Cover letter - Skilled visa
    • Item icon Letter to client re working visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon G. Visa applications for specific countries
    • Folder icon New Zealand
      • Item icon Special category visa (subclass 444)
        This visa is for New Zealand citizens who want to work in Australia. It allows the holders to remain in Australia if they are New Zealand citizens. There is no specific duration of the visa, however it ceases when the holder departs Australia. Holders of this visa are not considered Australian ...

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      • Item icon New Zealand
        Special category visa (subclass 444) This visa is for New Zealand citizens who want to work in Australia. It allows the holders to remain in Australia if they are New Zealand citizens. There is no specific duration of the visa, however it ceases when the holder departs Australia.

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      • Item icon Skilled independent visa (subclass 189) (New Zealand)
        This is a permanent residency visa for applicants who normally reside in Australia holding a subclass 444 visa who have resided in Australia for the previous 5 years, where their residency began on or before 19 February 2016, and have an income above the income threshold for ...

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    • Folder icon New Zealand citizen visa application - Department of Home Affairs
      • Item icon New Zealand citizen family relationship (subclass 461) visa - Form 147
    • Folder icon Pacific Nations
      • Item icon Pacific Engagement Visa (PEV) (subclass 192)
        Subclass 192 visa permits eligible nationals of participating Pacific Island countries and Timor-Leste to apply for permanent residence in Australia. The government has allocated 3000 places annually to this visa in addition to Australia’s other permanent migration program. To apply for the ...

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    • Folder icon Hong Kong
      • Item icon Hong Kong passport holders
        The Migration Amendment (Hong Kong Passport Holders) Regulations 2020 extended the period a Hong Kong passport holder can stay in Australia on a temporary visa. The effect of the amendment is that a Hong Kong passport holder’s visa ends at the end of the period of 5 years starting on the date ...

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  • Folder icon H. Student visa
    • Item icon Student visas
      For current visa fees and charges see the Fees and charges for visas page produced by the Department of Home Affairs. This page contains a Visa pricing estimator as well as a Current visa pricing table, which is divided into the following categories: visit, study, work, live, other and repealed or ...

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    • Folder icon Student visa applications - Department of Home Affairs
      • Item icon Student visa (subclass 500)
      • Item icon Student guardianship arrangement - Form 157N
    • Item icon Letter to client re student visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon I. Investor retirement visa
    • Item icon Investor retirement visa (subclass 405)
      This visa is for self-funded retirees who have been sponsored by a state or territory government. The applicant or the applicant and the applicant’s partner must make a designated investment of AUD$750,000 in the state or territory they are sponsored by and demonstrate an annual income of ...

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    • Item icon Retirement visa pathway to permanent residency
      The government has created a pathway for eligible retirees to gain permanent residency. The pathway was established for long-term residents who have contributed to Australia. To be eligible an applicant must:

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    • Folder icon Retirement visa applications - Department of Home Affairs
      • Item icon Investor Retirement visa (subclass 405)
      • Item icon State/territory sponsorship Investor Retirement visa - Form 1249
    • Item icon Letter to client re any visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon J. Resident return visa
    • Item icon Resident return visa
      For current visa fees and charges see the Visa pricing estimator page produced by the Department of Home Affairs. In brief:

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    • Item icon Resident return visa (subclasses 155 and 157)
    • Item icon Letter to client re any visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon K. Protection, refugee, and humanitarian visa
    • Item icon Protection, refugee, and humanitarian visas
      Subclasses 200-204, 785 and 866 These categories of visa are guided by international treaties and conventions. Australia is a signatory to the United Nations 1951 Convention and Protocol Relating to the Status of Refugees (Refugee Convention), which defines the rights of applicants seeking asylum ...

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    • Folder icon Protection, refugee and humanitarian visa applications - Department of Home Affairs
      • Item icon Refugee and special humanitarian proposal - Form 681
      • Item icon Protection visa - Form 866
      • Item icon Offshore humanitarian visa (class XB) visa - Form 842
    • Item icon Letter to client re humanitarian visa - Request for further information
    • Item icon Form 80 - Personal particulars for assessment - Department of Home Affairs
    • Item icon Response to request for further information
  • Folder icon L. Expired or soon to expire visa
    • Item icon Expired visas
      A visa holder must depart Australia no later than on the day on which their visa expires. If a client is in a situation where their visa has expired while in Australia, they can still depart. If they stay in Australia after their visa has expired they become an ‘unlawful non-citizen’ and risk being ...

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    • Item icon Extending stay longer than current visa allows
      If a person wants to stay in Australia longer than their current visa allows an application for another visa has to be made. The type of visa that can be applied for will depend on the type of visa currently held. Information about visa options in these circumstances can be obtained through the ...

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  • Folder icon M. Visa application outcomes
    • Item icon Visa granted
      When a visa is granted, certain information is usually detailed on the visa grant notice, and should be explained to the client.

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    • Item icon Letter to client detailing the grant notice
    • Item icon Visa denied
      If the decision received is a negative one, then after reading the reasons for refusal any review rights should be checked. The decision record will usually state whether a decision is reviewable. If the decision is one made by the Minister personally there may not be any review rights, but an ...

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    • Item icon Letter to client advising of refusal and attaching decision record
  • Folder icon N. If required - Review, appeals and ministerial intervention
    • Item icon Administrative Review Tribunal
      Overview The Administrative Review Tribunal (the tribunal) deals with the merits review of visa refusals and cancellations. Previously, decisions about protection visas that were fast-track reviewable decisions were dealt with by the Immigration Assessment Authority. These are now also heard by the ...

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    • Item icon Letter to client with costs agreement explaining the tribunal process
    • Item icon Request for fee reduction
    • Item icon Letter to client with invitation from tribunal to provide information
    • Item icon Letter instructing expert witness to prepare report and attend tribunal hearing
    • Item icon Guideline on persons giving expert and opinion evidence – Administrative Review Tribunal
    • Item icon Statement of issues, facts and contentions
    • Item icon Example content - Draft minutes for consent order - Administrative Review Tribunal
    • Item icon Letter to client advising the application for review of tribunal decision was successful
    • Item icon Letter to client advising of tribunal refusal and attaching decision
    • Folder icon Online forms and fact sheets - Administrative Review Tribunal
      • Item icon Form M1 – Application for review - migration (for persons not in immigration detention and for organisations)
      • Item icon Form M2 – Application for review - migration (for persons in immigration detention)
      • Item icon Form R1 – Application for review
      • Item icon Application for review of decision - individual
      • Item icon Information about hearings - MR18 - fact sheet
      • Item icon Guideline on persons giving expert and opinion evidence
      • Folder icon Administrative Review Tribunal Forms
        • Item icon Appointment of Representative Appointment of Authorised Recipient
        • Item icon Change of Contact Details
        • Item icon Registered Migration Agent Notice under section 312B
        • Item icon Request for access to documents under the Freedom of Information Act 1982
        • Item icon Request for fee reduction
    • Item icon Judicial review
      Overview The High Court has the ultimate power to review the Minister’s decisions under the Commonwealth of Australia Constitution Act, but delegates that power.

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    • Item icon Letter to client with costs agreement explaining the court process
    • Item icon Brief to Counsel
    • Item icon Letter to the Australian Government Solicitor requesting further information
    • Item icon Letter to Australian Government Solicitor serving expert report
    • Item icon Application - Migration Act
    • Item icon Clause - Final orders sought by the applicant
    • Item icon Clause - Affidavit to accompany application for judicial review
    • Item icon Clause - Affidavit for filing or tendering evidence
    • Item icon Clause - Affidavit in support of application for extension of time to lodge application for judicial review
    • Item icon Letter to client after decision advising application granted
    • Item icon Letter to client after decision - Application refused
    • Item icon Ministerial intervention
      Under ss 351 and 501 of the Migration Act 1958 the Minister can substitute with a more favourable one any decision of the tribunal to affirm a delegate’s decision to refuse a visa application. The Minister will consider whether it is in the best interest of the public to do so. The ...

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    • Item icon Letter to Minister for Home Affairs seeking intervention
    • Folder icon Ministerial intervention forms and privacy information - Department of Home Affairs
      • Item icon Appointment of a registered migration agent, legal practitioner or exempt person - Form 956
      • Item icon Appointment or withdrawal of an authorised recipient - Form 956A
      • Item icon Privacy policy – Department of Home Affairs
      • Item icon Privacy notice - Form 1442i
  • Folder icon O. Finalising the matter
    • Item icon Letter to client finalising the matter
    • Folder icon Example invoices incorporating notification of rights
      • Item icon Example invoice incorporating notification of client's rights - NSW
      • Item icon Example invoice incorporating notification of client's rights - VIC
      • Item icon Example invoice incorporating notification of client's rights - QLD
      • Item icon Example invoice incorporating notification of client's rights - SA
      • Item icon Example invoice incorporating notification of client's rights - TAS
      • Item icon Example invoice incorporating notification of client's rights - ACT
      • Item icon Example invoice incorporating notification of client's rights - NT
      • Item icon Example invoice incorporating notification of client's rights - WA
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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