Immigration Lawyers Australia

Immigration Law in Australia

Immigration law governs who can enter, remain, work, and settle in Australia. It is one of the most complex and consequential areas of Australian law, administered primarily under the Migration Act 1958 (Cth) and supported by hundreds of regulations, policy instruments, and ministerial directions. A decision made incorrectly — or a deadline missed by even a single day — can result in visa cancellation, removal from Australia, or a multi-year exclusion from making a future application. The stakes are rarely higher than in immigration matters, which is why having experienced legal representation is not a luxury but a necessity.

Individuals, families, and employers across Australia need immigration lawyers in a wide range of circumstances. A skilled worker seeking a pathway to permanent residence, an overseas student who has received a notice of visa cancellation, a business sponsor facing a compliance audit, a partner who has been refused a Partner visa, or a refugee fleeing persecution — each of these people faces a distinct but equally urgent legal situation. The immigration system does not pause for those who are unsure of their rights, and tribunal deadlines are strict and largely non-reviewable once passed.

The consequences of unresolved immigration issues extend far beyond paperwork. Visa cancellation can mean losing your job, being separated from your family, being placed in immigration detention, and being barred from Australia for years or permanently. A criminal charge — even a minor one — can trigger automatic visa cancellation under section 501 of the Migration Act. An incorrect answer on a visa application can be treated as fraud, with lifelong implications. These are not administrative inconveniences; they are life-altering events that demand immediate, qualified legal advice.

Go To Court Lawyers operates a national network of immigration law practitioners available across every state and territory in Australia. Our lawyers assist clients with the full spectrum of immigration matters, from initial visa applications and employer sponsorships through to merits review at the Administrative Appeals Tribunal (AAT), judicial review in the Federal Court, and ministerial intervention requests. We understand that immigration matters are time-critical, which is why our team is available 24 hours a day, 7 days a week, to provide immediate legal guidance. Whether you are in Sydney, Melbourne, Brisbane, Perth, Adelaide, or a regional area, Go To Court Lawyers can connect you with a qualified immigration lawyer who can act on your matter without delay.

Visa Applications and Sponsorships

Our lawyers assist individuals, families, and employers with all categories of visa applications, including skilled migration, employer-sponsored visas, partner and family visas, student visas, and temporary work visas. We ensure applications are prepared accurately and completely, minimising the risk of refusal on procedural or evidentiary grounds. For businesses, we provide guidance on sponsorship obligations and compliance to protect both the employer and the sponsored worker.

Visa Refusals and Cancellations

Receiving a visa refusal or cancellation notice is distressing and requires urgent legal attention, as strict time limits apply to any challenge. Our lawyers review the decision, advise on grounds for appeal or review, and prepare submissions to the relevant authority. We act quickly to protect your right to remain in Australia and to preserve your legal options.

Administrative Appeals Tribunal (AAT) Reviews

When a visa is refused or cancelled by the Department of Home Affairs, many applicants have the right to seek merits review at the Administrative Appeals Tribunal. Our lawyers prepare thorough review applications, gather supporting evidence, and represent clients at AAT hearings. We understand the procedural requirements and substantive criteria that decision-makers apply at tribunal level.

Character and Section 501 Matters

Section 501 of the Migration Act allows the Minister or Department to cancel or refuse a visa on character grounds, including where a person has a substantial criminal record. This provision can apply even to long-term permanent residents and Australian citizens by descent. Our lawyers advise on the risk of cancellation, prepare representations opposing cancellation, and pursue review or ministerial intervention where cancellation has occurred.

Refugee and Protection Visa Claims

Applying for a Protection visa requires demonstrating a well-founded fear of persecution or a real risk of significant harm under Australian and international law. Our lawyers assist asylum seekers in preparing detailed claims, gathering country information and supporting evidence, and responding to requests from the Department. We also represent clients in refugee review proceedings before the Immigration Assessment Authority (IAA) and the AAT.

Ministerial Intervention and Judicial Review

Where tribunal review has been exhausted or is unavailable, it may still be possible to seek ministerial intervention or to challenge a decision in the Federal Circuit and Family Court or the Federal Court of Australia. Our lawyers identify jurisdictional errors in decision-making, prepare judicial review applications, and draft ministerial intervention requests supported by compelling humanitarian or public interest grounds.

Find a Immigration Law Australia Lawyer in Your State

New South Wales

Victoria

Queensland

Western Australia

South Australia

ACT

Tasmania

Northern Territory

How It Works

Call or Book Online

Call our free 24/7 legal hotline or book a fixed-fee consultation online at a time that suits you.

Get Matched Fast

Our system notifies qualified local lawyers immediately. Most matters are claimed within minutes.

Your Lawyer Gets to Work

Your lawyer contacts you, reviews your matter, and advises on the best path forward for your situation.

Why Go To Court Lawyers?

Go To Court Lawyers is one of Australia's most established and trusted legal networks, with more than 800 lawyers operating across every state and territory. We have been connecting Australians with experienced legal practitioners for over 15 years, and our reputation is reflected in our 4.5-star rating on Product Review based on real client feedback. Our 24/7 legal hotline means that no matter when an immigration crisis arises — a cancellation notice received on a Friday night, a detention order issued without warning — you can speak to a qualified lawyer immediately. Initial consultations are available for a fixed fee of $295, giving you clear, honest legal advice without financial uncertainty. We offer same-day appointments and act quickly because in immigration law, time is everything.

800+

Lawyers Nationwide

15+

Years Operating

Fixed Fee

Consultation

4.5★

Product Review

Free legal hotline — live now

Speak to a Immigration Law Australia Lawyer Now

Free 24/7 hotline — no obligation, confidential, available Australia-wide.

Frequently Asked Questions

What should I do if my visa has been cancelled in Australia?

If your visa has been cancelled, you must act immediately. Strict time limits — often as short as nine days — apply to lodge a review application with the Administrative Appeals Tribunal. Once that window closes, your right to merits review may be lost permanently. Contact an immigration lawyer as soon as you receive the cancellation notice so they can assess the decision, advise on your options, and prepare a review application or representations before any deadline expires.

Can a criminal conviction affect my visa or permanent residency in Australia?

Yes. Under section 501 of the Migration Act 1958, the Department of Home Affairs can cancel or refuse a visa if a person does not pass the character test. A 'substantial criminal record' — defined as a sentence of 12 months or more — can trigger mandatory cancellation. Even less serious offending may lead to discretionary cancellation. This applies to temporary visa holders, permanent residents, and in some cases people who have lived in Australia for decades. Legal advice before any criminal plea is strongly recommended.

My partner visa was refused — can I appeal the decision?

In most cases, yes. If your Partner visa application has been refused by the Department of Home Affairs, you generally have the right to seek merits review at the Administrative Appeals Tribunal. The tribunal conducts a fresh assessment of your application based on the evidence you provide. An immigration lawyer can help you identify why the application was refused, address those issues with additional evidence or legal submissions, and represent you throughout the AAT process.

What is the difference between merits review and judicial review in immigration cases?

Merits review, conducted at the Administrative Appeals Tribunal, involves a fresh examination of the facts and circumstances of your case — the tribunal can reach a different decision to the Department. Judicial review, conducted in the Federal Circuit and Family Court or Federal Court, does not reassess the merits of your case but examines whether the original decision-maker made a legal error, such as a jurisdictional mistake or breach of procedural fairness. Judicial review is generally a last resort and requires specialist legal advice.

Can I work in Australia while my visa application is being processed?

This depends on the type of visa you applied for and the conditions of any bridging visa you hold while awaiting the outcome. When a substantive visa application is lodged before your current visa expires, a Bridging Visa A is generally granted automatically. However, whether that bridging visa allows you to work depends on the work rights attached to it. An immigration lawyer can review your specific visa history and advise on your current work entitlements and any risks.

What is ministerial intervention and when can it be requested?

Ministerial intervention is a discretionary power that allows the Minister for Home Affairs to substitute a more favourable decision in immigration cases, even after a tribunal has upheld a refusal or cancellation. It is generally considered a last resort when all other review options have been exhausted. A request must demonstrate compelling or compassionate circumstances, or strong public interest grounds. An immigration lawyer can assess whether your circumstances may attract ministerial consideration and prepare a persuasive written submission.

How long does the Australian partner visa process take and what evidence do I need?

Partner visa processing times vary considerably depending on the visa subclass, the applicant's country of origin, and the volume of applications being processed. The process typically involves both an offshore or onshore stage and requires substantial evidence of a genuine ongoing relationship, including financial, social, and household documents, statutory declarations from people who know the couple, photographs, and communication records. An immigration lawyer can help you compile a thorough and compelling evidence package to support your application.

What happens if I overstay my visa in Australia?

Overstaying a visa means you are unlawfully present in Australia, which can have serious consequences including detention, removal, and a three-year bar on returning to Australia. If you report your unlawful status voluntarily, the Department may exercise some discretion, but there is no guarantee. In some circumstances it may be possible to apply for a bridging visa or another substantive visa while unlawful. You should seek urgent legal advice to understand your options and minimise the long-term impact on your immigration record.

Immigration is a complex area of administrative law, with many of the rules and regulations changing frequently and case law constantly developing. Go To Court’s immigration lawyers deal with everything from relatively straightforward visa applications to complicated applications requiring detailed submissions. We prepare reviews to the Migration Review Tribunal and the Administrative Appeals Tribunal, as well as lodging submissions for Ministerial Intervention Requests.

Speak to our Australian immigration lawyers

Do you need a 482 working visa or a student visa subclass 500? Do you have a parent or partner wanting to migrate to Australia? Go To Court Immigration Lawyers can help you.

Employer sponsored migration to Australia

Australian employers can sponsor a worker to come to Australia on a Temporary Skills Shortage Visa 482.

Family visa Australia

Family visas exist to allow the overseas family members of Australian residents to come to Australia. These visas include parent visas, partner visas, child visas and carer visas. If you need to make an application for one of these visas, contact Go To Court Immigration Lawyers today.

Refugee visa Australia

Refugee visas are granted to those who are found to have a genuine fear of persecution in their country of origin from which the government cannot or will not protect them. Persecution may be on the basis of race, religion, political opinion, nationality or membership of a particular social group.

Student visa Australia

Student visas are granted to those who are enrolled in a full-time course of study, who have access to enough funds to cover their stay in Australia, who have Overseas Student Health Cover and who meet the character and health requirements.

If you need help applying for a student visa, contact Go To Court Lawyers.

Has your visa been refused?

If your visa has been refused you may be able to seek review of that decision by the Refugee and Migration Division of the Administrative Appeals Tribunal. The Tribunal will either affirm the decision, vary the decision, set the decision aside, remit the decision back to the Department for reconsideration, or find that it does not have jurisdiction to review the decision. The length of time it will take for a review of a decision to occur depends on the type of visa involved and the complexity of the matter.