Immigration Law, Administrative Law & Appeals

Cruz Lawyers can assist you with legal representation and advice for Immigration Law matters, including judicial review of migration decisions in the Federal Court or Federal Circuit and Family Court, visa cancellation matters, visa refusals on character grounds, challenging IAA and AAT decisions, and AAT merits review hearings.

Judicial review 

Judicial review involves a court assessing the lawfulness of a migration decision. It involves technical legal arguments as to whether the law was applied correctly and is not a review of the merits of a decision.

Visa Cancellation matters

If you are in Australia without a visa then you are an ‘unlawful non-citizen’ and vulnerable to being detained in Immigration Detention and/or removed.

There are different powers under the Migration Act 1958 (Cth) that can be used to cancel visas:

s.501(3A) Mandatory Cancellations 

Person must have a ‘substantial criminal record’ of a particular kind

Must be in prison at time of cancellation

Applies to both permanent and temporary visas

s501CA provides for a right to apply for revocation of the cancellation

Strict time limits apply and there is no provision for an extension of time 

Additional supporting information can be provided up until a decision is made.

s.501(2) Discretionary Cancellations 

The person must fail the broader ‘character test

Most likely to be used on temporary visas

s.116 Discretionary Cancellations

Allows for visa cancellation where the visa holder poses a risk to the health, safety and good order of the Australian Community or to a person within the Australian Community.

Can be used if visa holder breaches a condition of their visa

For cancellation of temporary visas