Immigration Law In Australia

“The law of migration is incredibly, impenetrably complex. Apart from the extreme difficulty of the hoops that the Immigration Department makes visa-seekers jump through, the governing legislation is long, dense and amended with head-spinning frequency. No one other than a specialist immigration lawyer can navigate their way through this metaphorical sea with any hope of success”. ~ This was the view of Michael Bradley, Managing Partner of Marque Lawyers in Sydney.

To be a specialist immigration lawyer, one must have a sound understanding of administrative law. That is because Courts have developed rules, known as the rules of natural justice or procedural fairness, which apply in situations where an immigration officer makes a decision which is adverse to an applicant’s rights, interests or other legitimate expectations.

We come across decisions of Immigration Department that appear to be technically correct but the process followed through to reach those decision are not necessarily correct. They also often fall prey to a number of common fallacies, biases, and other decision-making problems. Only trained lawyers can identify such flaws in the Department’s decision-making process. So, with IR Legal, as an immigration law practice, you can be totally confident that you have the right legal representation. At IR Legal, we provide immigration services to clients in Australia and New Zealand.

List of Australian Visas

Australia’s immigration laws are highly codified, rule based and complex. The laws relating to immigration change constantly. It is a dynamic and complex legislative scheme which includes multiple layers of legislation and regulation.

Australian visas are divided into 6 categories:

Visitor Visas

• Electronic Travel Authority (subclass 601)

• eVisitor (subclass 651)

• Transit visa (subclass 771)

• Visitor (subclass 600)

Family and Partner Visas

• Adoption visa (subclass 102)

• Aged Dependent Relative visa (subclass 114)

• Aged Dependent Relative visa (subclass 838)

• Aged Parent visa (subclass 804)

• Carer visa (subclass 836)

• Carer visa (subclass 116)

• Child visa (subclass 101)

• Child visa (subclass 802)

• Contributory Aged Parent (Temporary) visa (subclass 884)

• Contributory Aged Parent visa (subclass 864)

• Contributory Parent (Temporary) visa (subclass 173)

• Contributory Parent visa (subclass 143)

• Dependent Child visa (subclass 445)

• Dependent Child visa (subclass 445)

• New Zealand Citizen Family Relationship (temporary) visa (subclass 461)

• Orphan Relative (subclass 117

• Orphan Relative (subclass 837)

• Parent visa (subclass 103)

• Partner (Provisional and Migrant) visa (subclass 309 100)

• Partner visa (subclass 820 801)

• Prospective Marriage visa (subclass 300)

• Remaining Relative visa (subclass 115)

• Remaining Relative visa (subclass 835)

• Sponsored Parent (Temporary) visa (subclass 870)

Working and Skilled Visas

• Work and Holiday visa (subclass 462)

• Working Holiday visa (subclass 417)

• Business Innovation and Investment (permanent) visa (subclass 888)

• Business Innovation and Investment (provisional) visa (subclass 188)

• Business Owner (subclass 890)

• Global Talent visa (subclass 858)

• Employer Nomination Scheme (subclass 186)

• Investor visa (subclass 891)

• Permanent Residence (Skilled Regional) visa (subclass 191)

• Pacific Engagement Visa (subclass 192)

• Regional Sponsored Migration Scheme (subclass 187)

• Skilled Employer Sponsored Regional (provisional) visa (subclass 494)

• Skilled Independent visa (subclass 189)

• Skilled Nominated visa (subclass 190)

• Skilled Regional (provisional) visa (subclass 489)

• Skilled Regional visa (subclass 887)

• Skilled Work Regional (Provisional) visa (subclass 491)

• State or Territory Sponsored Business Owner visa (subclass 892)

• State or Territory Sponsored Investor visa (subclass 893)

• Temporary Activity visa (subclass 408)

• Temporary Graduate visa (subclass 485)

• Temporary Work (International Relations) visa (subclass 403)

• Temporary Work (Short Stay Specialist) visa (subclass 400)

• Temporary Skill Shortage visa (subclass 482)

Studying and Training Visas

• Student visa (subclass 500)

• Student Guardian visa (subclass 590)

• Training visa (subclass 407)

Refugee and Humanitarian Visas

• Global Special Humanitarian (subclass 202)

• Protection visa (subclass 866)

• Refugee visas (subclass 200, 201, 203 and 204)

• Temporary Protection visa (subclass 785)

• Safe Haven Enterprise visa (subclass 790)

• Resolution of Status visa (subclass 851)

Reviews and Appeals

• Merits Reviews

• 501 Visa Cancellations

• Visa Cancellation Issues

• Character Issues

• Health Issues

• Unlawful Non-Citizens

• Request for Ministerial Intervention

• Appeal cases to Administrative Appeals Tribunal

• Judicial Review

Other Visas

• Bridging visa A – BVA - (subclass 010)

• Bridging visa B – BVB – (subclass 020)

• Bridging visa C – BVC – (subclass 030)

• Bridging visa E – BVE – (subclass 050 and 051)

• Crew Travel Authority visa (subclass 942)

• Former Resident visa (subclass 151)

• Maritime Crew visa (subclass 988)

• Medical Treatment visa (subclass 602)

• Resident Return visa (subclass 155 157)

• Special Category visa (subclass 444)

• Special Purpose visa Investor retirement visa (subclass 405)

• Confirmatory (Residence) visa (subclass 808)

Immigration Law In New Zealand

Immigration New Zealand offers opportunities through a streamlined immigration system designed to welcome skilled professionals, entrepreneurs, and students from around the globe. New Zealand’s immigration policies prioritize talent and diversity, offering clear pathways to residency and citizenship for those who contribute to New Zealand’s vibrant communities.

Whether you’re seeking to join the workforce, start a business, study at world-class institutions, or reunite with family, New Zealand’s immigration system is committed to fairness, transparency, and support at every step of your journey.

Although immigration rules in New Zealand are more straightforward than the rules in Australia, the immigration reset which was announced in mid-2021 means less visas are being approved by Immigration New Zealand and more complex PPI Letters (Letters of Concerns) are being issued to applicants. To respond adequately to those letters of concerns, you will need to instruct an experienced immigration lawyer.

New Zealand visas are also divided into 6 categories:

List Of New Zealand Visas

Immigration New Zealand offers opportunities through a streamlined immigration system designed to welcome skilled professionals, entrepreneurs, and students from around the globe. New Zealand's immigration policies prioritise talent and diversity, offering clear pathways to residency and citizenship for those who contribute to New Zealand's vibrant communities.

Whether you're seeking to join the workforce, start a business, study at world-class institutions, or reunite with family, New Zealand's immigration system is committed to fairness, transparency, and support at every step of your journey.

Although immigration rules in New Zealand are more straightforward than the rules in Australia, the immigration reset which was announced in mid-2021 means less visas are being approved by Immigration New Zealand and more complex PPI Letters (Letters of Concerns) are being issued to applicants. To respond adequately to those letters of concerns, you will need to instruct an experienced immigration lawyer.

New Zealand visas are also divided into 6 categories:

Visitor Visas

• Private Yacht or Plane Visitor Visa

• Partner of a Worker Visitor Visa

• Child of a New Zealander Visitor Visa

• Parent and Grandparent Visitor visa

• Medical Treatment Visitor Visa

• Arts and Music Festival Visitor Visa

• Super Yacht Visitor visa

• Dismissed Worker Visitor Visa

• Crew Joining a Ship or Plane Visitor Visa

• Group Visitor Visa

• Adoption Pre-Citizenship Visitor Visa

• Critical Purpose Visitor visa

• Child of a Worker Visitor Visa

• Sports Events Visitor Visa

• Occupational Registration Visitor Visa

• Temporary Retirement Visitor visa

• Culturally Arranged Marriage Visitor Visa

• Escort of Medical Patients Visitor Visa

• Tour Escort Visitor Visa

• Child of a Student Visitor Visa

• Child of Military Visitor Visa

• Visiting Media Visitor Visa

Study Visas

• Fee Paying Student Visa

• MFAT-Funded NZ Scholarship Student Visa

• Exchange Student Visa

• Pathway Student Visa

• Vocational Trainee Visa

Residence Visas

• Skilled Migrant Category Residence Visa

• Green List Pathway Residence Visa

• Parent Family Category Resident Visa

• Dependent Child Resident Visa

• Inter-country Adoption Resident Visa

• Victims of Family Violence Resident Visa

Reviews And Appeals

• Responding to PPI Letters

• Responding to Deportation Liability Notices

• Appeal cases to Immigration and Protection Tribunal

• Ministerial Requests

• Referrals to Ombudsman

• COVID-19 related immigration issues

• Other issues involving immigration

Work Visas

• Accredited Employer Work Visa

• New Zealand Diplomatic Visa

• Entertainers Work Visa

• Post Study Work Visa

• Recognised Seasonal Employer Limited Visa

• Specific Purpose Work Visa

• Supplementary Seasonal Employment SSE Work Visa

• Talent Accredited Employer Work Visa

• New Zealand Working Holiday Visa

Other Visas

• Interim visa

• Limited Express Visa

• New Zealand Refugee Visa

• Victims of Family Violence Resident Visa

• Victims of Family Violence Work Visa