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Migration disputes and Visa disputes are more often than not disputes with the relevant migration authorities and may be of a broadly administrative character. However, there are many reasons why an individual may be wishing to enter Australia or stay here, and these reasons may very well introduce other legal aspects from related practice areas of law. Some of these other areas of law may include:

  • Family law – an individual who may be in a relationship with an Australian citizen and needs migration and visa law advice about his or her rights and liabilities. Alternatively, a person who is an Australian citizen and would like advice about the rights and responsibilities associated with entering into a relationship (de facto or marriage) with a non Australian citizen.
  • Employment Law – an individual who is either wishes to commence working in Australian under a visa, or is currently doing so and would like to extend their visa permit or apply for permanent residence.
  • Business law – a person who has migrated into Australia and is involved in the running or administration of a company, their rights, obligations and responsibilities.
  • Tax law – the taxes that a person is liable to pay to the Australian Taxation Office as consequence of certain transactions arising from migration or transactions being conducted across borders.

The above list is not an exhaustive illustration of the additional areas of law which may be relevant to a migration or visa dispute. Other areas of law may also be relevant to an individual’s case. Simple migration disputes may relate to character and health issues relating to the prospective migrant. These may require expert medical reports being tendered as evidence in any administrative appeal process or Court litigation. Sometimes, a special or distinguished talent may also assist in the granting of a visa, residency or citizenship. These matters too will need to be properly documented. The various issues which a person engaged in a dispute relating to a migration or visa matter may broadly be categorised in the following headings:

  • Legal advice for:
    • Prospective migrant:
      • Offshore applications,
      • Onshore applications,
      • Work visa,
      • Student visa,
      • Skills visa,
      • Sponsorship requirements,
      • Permanent residency,
      • Citizenship.
    • A person in a relationship with an Australian citizen.
    • A person engaged in business activities with Australia or the region.
    • Tax implication of migration matters.
    • Migration and the affect on conducting business in certain professions such as medicine, law and the like.
  • Legal representation for applications and appeals to the:
    • Migration Review Tribunal.
    • Refugee Review Tribunal.
    • Administrative Appeals Tribunal.
    • Federal Court of Australia.
    • High Court of Australia.

A migration solicitor will need to be familiar with these areas of legal practice to be able to provide detailed migration legal advice. The migration lawyer will also need to be familiar with the concepts and principles that will be relevant across other areas of law which may be relevant to the provision of that legal advice. A visa solicitor who has had exposure to the broader practice of civil and commercial litigation will be able to draw from his skills and knowledge base, so that the client can be confident that the visa legal advice he is receiving is competent. A visa lawyer working in the migration law team at Navado will have the legal resources available to him for the provision of such services.

If you require assistance with a migration matter you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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