Migration Law FAQ

Only an Australian legal practitioner (for paid assistance), or — historically — a registered migration agent. From 22 March 2021, legal practitioners were removed from the MARA scheme and now practise under Legal Services regulation. Unregulated paid advice is an offence.

Skilled (subclass 189, 190, 491, 482, 186, 494), family (subclass 309/100, 820/801, 173/143, 103, 804, 884, 870), business/investment (888, 892), student (500), visitor (600), humanitarian, and bridging. Each has its own criteria and processing pathway.

A requirement (for student and certain other temporary visas) that the applicant genuinely intends to stay in Australia temporarily. The 2024 reform replaced GTE with the Genuine Student test for student visas from 23 March 2024.

Section 501 of the Migration Act allows the Minister to refuse or cancel a visa if the person does not pass the character test — substantial criminal record (12 months+ imprisonment), association with criminal groups, sexual offences, or risk to the community.

Under s 501(3A), the Minister must cancel a visa where the holder has a substantial criminal record and is serving a full-time sentence. Revocation is available on application, subject to ministerial discretion guided by Direction 110 (from 2024) and subsequent directions.

The ART replaced the AAT on 14 October 2024. It has Migration and Refugee, Citizenship, and General Divisions. The ART reviews migration decisions on the merits — both facts and law — and can substitute its own decision.

Standard merits review: 28 days from notification for most migration decisions. 7 days (in practice) for some bridging/detention decisions. Limitation is strict — the ART has no general power to extend for migration matters.

A bridging visa allows a non-citizen to remain lawfully in Australia while a substantive visa application or review is processed. Types A, B, C, D, E, F, R cover different scenarios. BVE has specific conditions for unlawful non-citizens.

A business sponsorship framework — standard business sponsorship, accredited sponsor status, or labour agreement. The sponsor must meet training obligations, pay the SAF levy, and comply with sponsorship obligations. Breach attracts barring and civil penalties.

The 482 TSS visa is being replaced by the Skills in Demand visa from late 2024/early 2025, with three pathways: Specialist Skills, Core Skills, and Essential Skills. Key changes include income thresholds, mobility rights, and pathway to PR.

Partner visa (subclass 820/801 onshore, 309/100 offshore) is a two-stage provisional/permanent process with a relationship assessment. Processing times vary materially (typically 9–24 months). Prospective Marriage (300) is a separate offshore stream.

Applicants apply onshore via the Subclass 866 Protection visa. They must meet the Refugees Convention or complementary protection criteria. Decisions are made by the Department, reviewable by the ART Refugee Division and then the Federal Circuit and Family Court.

The Federal Circuit and Family Court Division 2 has original jurisdiction for most migration matters. Review is limited to jurisdictional error (legal error going to power), not merits. The Federal Court hears appeals; HCA has constitutional writs jurisdiction.

Under ss 351, 417, and 501J of the Migration Act, the Minister has non-compellable powers to substitute a more favourable decision. Requests are assessed under published guidelines. Unique or exceptional circumstances are the typical threshold.

Identity (passport, birth certificate), relationship (for partner/family), skills assessment (for skilled), employment and sponsorship letters, health (medicals), character (police clearances all countries 12+ months in last 10 years), English (IELTS/PTE/TOEFL). Quillio can build a document checklist from the subclass criteria.

Published processing times vary widely — 482 sponsor+nomination+visa: 1–6 months. Partner 820/801: 12–24 months. Parent 143: decades. Student 500: weeks. Processing times on the Department's website are indicative only.

Direction 110 (from 2024, replacing 99 and 90) sets the considerations for decision-makers in character cancellation and revocation matters under s 501. Primary considerations include protection of the community, family violence, best interests of minor children, and expectations of the Australian community.

Straightforward onshore partner visa (application + legal fees): $15,000–$25,000 including Government charge. Complex 482 sponsorship: $20,000–$40,000. Character cancellation ART review: $15,000–$75,000. Federal Court judicial review: $50,000–$200,000+.

Before lodging any complex application, immediately on receiving a Notice of Intention to Consider Cancellation (NOICC), before any interview, before the 28-day ART review deadline, and on any change of circumstance affecting sponsorship or visa conditions.

Refusal: decision not to grant a visa (applicant does not hold one). Cancellation: decision to terminate a visa the person holds. Consequences differ — refusal typically leaves the applicant in their existing status; cancellation often results in immigration detention.