Complex Matters

It is not uncommon for visa applicants to encounter hurdles along the way to obtaining a visa. Common complex issues - visa refusals, the provision of false or misleading information, becoming unlawful, visa cancellation, breaching visa conditions - need to be well managed from the outset.

Section (351 & 417) of the Migration Act 1958 contains a number of discretionary powers that can be exercised by the Minister personally, to grant an individual a visa. Generally these powers can be invoked in circumstances that are compelling and compassionate, and where there will be an irrevocable and adverse impact on an Australian citizen or permanent resident.

Managing Complex Matters through the migration system requires the expertise of an experienced migration lawyer. Our principal lawyer Daniel Moya has represented people in all kinds of Complex Matters.

If you would like to discuss the particular circumstances of your migration application, book a free 15 minute phone call with Daniel now or leave your details in our Contact page to request a call back.

We can assist you with all types of migration related complex matters.

 

PIC 4020 (Public Interest Criterion 4020, Schedule 4 of the Migration Regulations 1994)

Section 5 Bogus document

Section 48 Non-citizen refused a visa or whose visa cancelled may only apply for particular visas

Section 57 Certain information must be given to applicant.

Section 100 Incorrect Answers

Sections 351 & 417 Minister may substitute more favourable decision

Section 109 Cancellation of visa if information incorrect

Section 116 Power to cancel

Section 14 Unlawful non-citizen

Section 72 Eligible non-citizen

Bridging visa E subclass 050

Health waivers - Schedule 4007 (Migration Regulations 1994).

“Daniel is a personable individual and it was easy to discuss my visa requirement situation with him. I can recommend his services for any migration or visa requirements.”

Neil R.

How it works.

 

Complex Matters are varied and involved, so our principal lawyer Daniel Moya will need to meet with you in an initial consultation ($330) and review your documents and correspondence. We can then understand your circumstances and decide how best to move forward. At this point we will be able to provide a quotation for our professional fees.

Daniel will then work with you represent you through to the Department of Home Affairs’ decision in your matter.

Time is of the essence in Complex Matters. Please get in touch ASAP.

Frequently Asked Questions.

 

  • We can provide you with an estimate of fees following an initial consultation in your matter.

  • The Department is not required to process your application / matter within any particular timeframe. Generally, we will continue to represent you until a decision is made on your application.

    However, once the Department does make a decision or requests further information you will have a limited time to respond or appeal the decision.

  • The Migration Act 1958 and Migration Regulations 1994 require departmental officers to follow strict notification requirements when communicating with visa applicants. When inadvertent notification errors have been made, by the Department, they do have the discretion to reissue letters which has the practical effect of ‘‘re-setting the clock’’ on your deadline to respond.

    We can also assist you to seek an extension of time from the Department if you have missed your deadline and are yet to receive a response.