Visa & Citizenship Lawyers Sydney | Visa Applications & Appeals

Australian immigration law is governed and regulated by the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth). Only a registered migration agent or practising lawyer can give immigration assistance and charge fees.

Having a legal representative to act on your behalf is optional, but can have real benefits as Australian immigration law and principles of administrative decision making are very complex. Our Principal Solicitor is specially trained in both areas.

We represent clients in the following matters:

- Visa application
- Visa cancellation
- Administrative Review Tribunal
- Judicial review or court appeal
- Immigration detention (including prison)
- Deportation
- Immigration offences

VISA APPLICATION

The first step before making a visa application is to assess whether a person can make a valid application. The main criteria for a valid application are set out in Schedule 1 to the Migration Regulations 1994 (Cth). Additionally, there may be some limitations that prevent a valid application from being made. The next step is meeting the criteria for the grant of the visa. Our legal team ensures that your application is compliant, reducing your risks and maximising your chances of success.

PROTECTION VISA

To qualify for a protection visa, a person must satisfy the legal definition of a “refugee”, or meet the criteria for complementary protection, or be a member of the same family unit as another person who meets the refugee definition or the complementary protection criteria. We are trained and have extensive experience in protection visa matters. We will carefully analyse your claims and relevant country information to give you the best possible advice and make strong submissions on your behalf. We have a very high success rate in protection visa applications because we take a very careful approach and conduct thorough research for every case.

VISA CANCELLATION

Visa cancellations follow specific legal procedures, influenced by factors such as the visa holder’s location, the cancellation grounds, and the relevant legislative authority.

Even if a ground for cancellation is made out or the cancellation is mandatory, there may be a discretionary power not to cancel the visa or to revoke the cancellation, depending on the relevant legal authorities and your personal circumstances. A visa cancellation would result in consequential cancellations of a visa held by another person for reasons of being a member of the family unit of the person whose visa is cancelled, also known as consequential cancellation. If you are facing a visa cancellation, seek legal advice immediately. Our team can assess your case and protect your rights.

davin rey immigration migration offences

DEPORTATION, DETENTION, MIGRATION OFFENCES

Deportation, detention, and migration offences can carry serious legal consequences. Time is critical, and your next move is often urgent. Our lawyers can represent you and provide strategic legal advice to help you understand your rights and explore possible legal avenues.

CITIZENSHIP

Australian citizenship can be acquired automatically, such as by birth or adoption, or acquired by application, such as by descent or conferral. At Davin Rey Lawyers, we make your citizenship application process seamless and stress free.

Frequently Asked Questions

The main difference is their education qualifications and the scope of work that the people in each profession are allowed do. In addition to providing immigration assistance, solicitors can give legal advice and represent clients in courts, such as making a judicial review application of a migration decision. If your matter may also have a legal implication on other aspects of your life, a solicitor may be able to inform you of any potential issues.

The likely effects of a criminal charge are different on a case-by-case basis. Criminal charges may lead to visa refusal or cancellation for failure to meet the character test. If you are held in prison, you may not have the same rights, interests, or entitlements as fellow prisoners who are Australian citizens. It is therefore important to regularise your immigration status early, and obtain legal advice before your options become severely limited.

You need to seek legal advice immediately and regularise your visa status in Australia. Whether you can still apply for review depends on whether the notification is valid and whether the decision was made on character grounds. A defect in the notification letter will render it invalid, having no operating effect. This means that the prescribed period to apply for review has not started to run. Contact us to explore your legal options.

There are exceptions where a Partner visa may still be granted in the event of a relationship breakdown. A visa may still be granted if there is family violence or child of the relationship. However, the mere existence of family violence or a child alone is not enough. There is specific evidence that must be presented. Contact us now if you are in this situation.