Australia’s visa application procedures are governed by the Migration Act 1958 (“the Act”). The Act provides the legal framework for immigration and visa-related matters in Australia. While it sets out the broad principles and procedures, many details and specific processes are outlined in Migration Regulation 1994, policy guidelines, and procedural manuals established by the Department of Home Affairs.
Here’s an overview of the key aspects of visas:
How an Application is Made:
The Migration Act 1958 and the Regulation 1994 outlines the process for submitting a visa application. This includes specifying the required forms, documents, and information that need to be provided as part of the application.
How Ministerial Delegates Should Deal with an Application and Communication:
The Act defines the roles and responsibilities of ministerial delegates, who are authorised to process and make decisions on visa applications. It also sets guidelines on how communication between visa applicants and ministerial delegates should be conducted. Section 65(1) of the Act states that if the Minister is satisfied that an applicant for a visa have satisfied all criteria prescribed by the Act or the regulations and the grant of the visa is not prevented by any other legal provisions, then the Minister is to grant the visa, or if not so satisfied, is to refuse to grant the visa.
We work with our clients to formulate effective strategies, so that the visa applications are s65(1) compliant.
How Decisions on Visa Applications Should be Made and Notified to Applicants:
The Act and the regulations stipulate the criteria and considerations that must be taken into account when making decisions on visa applications. It also details the process for notifying applicants of the outcome of their visa application and the reasons for any adverse decisions. For example, section 54(1) of the Act states that the Minister must, in deciding whether to grant or refuse to grant a visa, have regard to all of the information in the application.
If, for one reason or the other, a visa application is refused without s54(1) compliance, we have in the past successfully argued that the decision must be withdrawn as it was invalid and a new decision is to be made. In that particular instance, we were able to compel the Minister to have regard to all information provided in the visa applications and as a result, a successful outcome was achieved.
We have up-to-date knowledge and expertise in Australian migration matters such as visa applications, application processing procedures, and the laws and policies affecting the process.
Raymond Salomonn’s specialisation in strategy development for his clients in the field of migration and visa applications is indeed a valuable aspect of his services as a Registered Migration Agent. Crafting effective strategies can significantly enhance the chances of a successful visa application outcome in Australia. Here are some key ways in which strategic planning can benefit clients:
- Tailored Visa Solutions: Each visa application is unique, with specific eligibility criteria and requirements. A skilled migration agent like Raymond Salomonn can assess a client’s individual circumstances and objectives to determine the most suitable visa pathway. This ensures that clients apply for the visa that aligns with their goals and qualifications.
- Optimising Eligibility: Migration agents with a focus on strategy can help clients identify areas where they may need to strengthen their applications. This could involve acquiring additional qualifications, work experience, or other prerequisites to meet visa requirements.
- Risk Mitigation: Strategically planning for potential obstacles or challenges in the application process is crucial. Experienced agents can identify and address potential issues to minimise the risk of application rejection.
- Communication and Documentation: Crafting a well-structured and persuasive application is key to success. Migration agents can guide clients in preparing comprehensive and well-documented applications that provide a clear and compelling case for visa approval.
- Timeliness: Timing can be critical in the visa application process. Migration agents can advise clients on when and how to submit their applications to align with visa program quotas and processing times.
- Compliance: Ensuring that the application complies with all relevant laws and regulations is essential. Migration agents stay up-to-date with changes in immigration laws and policies to help clients maintain compliance throughout the process.
- Appeal and Review Strategies: In the event of a visa application refusal, having a well-thought-out strategy for appeals and reviews is vital. Migration agents can assist clients in understanding their options and crafting strong appeals.
Overall, a registered migration agent like Raymond Salomonn, who specialises in strategic planning, can provide invaluable guidance and support throughout the visa application process. By tailoring strategies to the specific needs and goals of clients, these agents aim to maximize the likelihood of a successful outcome, making the immigration process smoother and more efficient for their clients.