18 September 2013 | Australian Immigration Questions, FAQ, Why use a registered migration lawyer? | The Migration Place
What is the difference between a Migration Lawyer and a Migration Agent?
- All information provided by you to a lawyer is protected by legal professional privilege…which means that we cannot disclose any of your details to the DIAC (or others) if asked (eg if you are investigated, or if they are seeking evidence to use in a prosecution). A migration agent is bound to provide those details as no privilege applies.
- Lawyers keep record systems to protect our client’s applications, which ensures we can prove what we have sent to the DIAC and what we have received. Copies of all documents are kept on file so if he DIAC lose documents, we can quickly resend. The DIAC (and the post) do lose documents so professional file management systems are critical to the success of your visa application.
- Lawyers have years of compulsory professional training in interpreting legislation (like the Migration Act) and the cases that are decided in the Courts and the Tribunals, which guards against the need to seek a review in the first place (as the applications are prepared to a legal standard), and helps ensure the success of any review that may be needed.
- Lawyers/Solicitors are officers of the Court, and can advocate Hearings before the Federal Courts. The Migration Place are experienced in representing clients in matters before the Migration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal, the Federal Magistrates Court and Appeals to the Federal Court.
- Our migration services are complemented by our firm’s full range of legal services and support. This means that we can assist you (for example) where:
- Custody Orders are required for any children from a past marriage.
- You need to explain why a minor criminal record should be overlooked when the DIAC assess your character ten years after a brush with the law (for example).
- You need to explain why a health issue does not mean you fail the health test.
- You need a waiver of some requirement, or an extension to provide material etcetera.
- You need help buying your first house or business in Australia (and meeting the foreign investment and stamp duty requirements), establishing tax and business structures (including companies and trusts) or other legal matters.