MIGRATION & CITIZENSHIP

We can help you apply for an Australian visa or citizenship. We also represent you in appeals in the Administrative Appeals Tribunal or the Federal Court if your visa or citizenship application is refused

Australian Visa and Citizenship

We have been successfully assisting clients to achieve permanent or temporary residence in Australia for over 15 years. We provide advice and assistance to a range of clients, including those applying for an Australian visa or citizenship for the first time and people with more complex matters such as those involving immigration detention or matters on ‘removal pathways’.

We can assist you with any aspect of this process associated with with Visas below:

Refugee and Humanitarian Visas

  • Preparation and lodgement of protection visa application (onshore)

    • SHEV/TPV

  • Preparation and lodgement of Humanitarian Visa (offshore)

    • Global Special Humanitarian

    • Women-at-risk

    • Refugee (i.e. UNHCR referred)

  • Attending your protection visa interview

  • Responding to the Department (section 91W request, bogus documentation, third country protection)

  • Representing you at the Administrative Appeals Tribunal-Refugee Division if the Department refuses your visa

  • Judicial Review of a negative decision at the Administrative Appeals Tribunal

  • Federal Circuit and Federal Court of Australia we can act for you in lodging your application or taking over carriage of your matter if you are self-represented.

Partner Visas

  • Preparation and lodgement of partner visa application (onshore/offshore)

    • Subclasses 300 (fiancé), 309/820 (temporary visas) and 100/801 (permanent visas)

    • Dependent child visa (445)

 

We also assist client with complex partner visa issues such as

  • Representing you when your relationship ends

    • Family Violence

    • Child of the relationship

    • Death of sponsor

  • Responding to the Department concerning:

    • Inability to meet Schedule 3 criteria (compelling reasons)

    • Inability to meet the 12-month de facto rule

    • PIC 4020 (bogus documents/misleading information)

    • Inability to meet the Health Test

  • Representing you at the Administrative Appeals Tribunal-Migration Division if the Department refuses your visa

  • Judicial Review of a negative decision at the Administrative Appeals Tribunal

  • Federal Circuit and Federal Court of Australia we can act for you in lodging your application or taking over carriage of your matter if you are self-represented.

 

Resident Return Visas

If you are planning to depart Australia and need evidence of your permanent residency we can assist you to obtain the most appropriate resident return visa.

Family Visas

We assist with all types of onshore and offshore family visas including:

  • Child Visas (including adoption and orphan relative)

  • Carer Visas (116/836)

  • Parent (extended visitor, temporary and permanent)

 

Student Visas

We can assist you to lodge an application or respond to any notices from the Department about your:

  • Ability to meet the Genuine Temporary Entrant Requirement

  • Adding a dependant to your visa

  • Non-compliance with your student visa conditions (work, attending your course etc.)

  • Represent you at the Administrative Appeals Tribunal if your visa is refused or cancelled.

 

Visitor Visas

We can support you to apply for or sponsor someone for a visitor visa for tourism or other purposes.

 

Medical Treatment Visa

These visas are available to individuals who can demonstrate they require medical attention (consultation or treatment) in Australia, and that they have the capacity to cover the associated expenses.

Graduate Visas

  • We can assist you to lodge a Temporary Graduate Visa (485) in the Graduate Work Stream or the Post-study Work Stream.

 

Work and Holiday Visa

We can help you apply for your first or subsequent 417 or 462 visa and explain the requirements for maintaining your eligibility.

 

Skilled Visas/Employer Sponsored

We can assist you across the range of skilled and employer sponsored options such as:

  • Identifying the relevant occupation and visa pathway

  • Prepare and lodge your Skills Assessment

  • Skill Select program

  • Lodge your skilled visa (189, 190, 489, 887)

  • Meet with you and your potential employer to discuss sponsorship.

 

Visa Cancellations

We assist clients in all matters concerning visa cancellations, including responding to a Notice of Intention to Consider Cancellation (NOICC) and challenging a decision to cancel a visa.

 

Ministerial Intervention Request

In certain circumstances you can request the Minister for Immigration to exercise their discretionary and non-compellable power to intervene in your case. The Minister has developed guidelines to assist departmental officers to identify cases in which the Minister will consider exercising his powers. The Minister will only intervene in your case where it is in the public interest to do so. If you believe that there are compelling and compassionate circumstances in your case, we can assist you to prepare your request.

 

Citizenship

We provide assistance in all citizenship matters, including:

  • Making an application on your behalf

  • Assisting you to respond to request for further information from the department of Home Affairs

  • Representing you at the Administrative Appeals Tribunal (General Division).

 

Visa and Citizenship Appeals in the Federal Courts

If you have received a negative decision from the Administrative Appeals Tribunal you can seek review in the Federal Courts. It is important to understand that the Court will only review those decisions that have been affected by a ‘jurisdictional error’. A jurisdictional error may occur when the body making the decision (the AAT for example) about your visa:

 

 - identifies the wrong issue

 - asks the wrong question

 - ignores relevant material

 - relies on irrelevant material, or

 - incorrectly interprets and/or applies the relevant law to the facts.

 

The Court process can be complex and can involve court fees. We can advise you about whether you should apply to the Court for review and also represent you in court proceedings if you decide to go ahead.

 

If the Court finds that a mistake was made when applying the law to your visa application, the Court will send your case back to be reconsidered. This gives you another chance to show that you are entitled to the visa. Importantly, applications for review must be filed with the Court within 35 days of the date of the migration decision.

All registered migration agents must comply with the Code of Conduct of the Office of Australian Migration Agents' Registration Authority (OMARA).

CIFUENTES LAWYERS

Level 1, 130 Franklin Street, Adelaide SA 5000

PO Box 229, Burnside SA 5066

    0477 269 867   l   info@cifuenteslaw.com.au

www.cifuenteslaw.com.au

Liability limited by a Scheme approved under Professional Standards Legislation