Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Cairns, Australia Attorneys in related practice areas.
Browse our 1 legal question about Immigration in Australia and the lawyer answers, or ask your own questions for free.
Immigration law in Cairns, Australia is regulated by national government laws and policies that largely fall under the immigration portfolio of the Department of Home Affairs. These laws establish a framework for who can enter or leave the country, the terms of their residence, their ability to work, their access to welfare and health services, and their pathway (if any) to Australian citizenship.
Immigration law can be complex and subject to frequent changes. Engaging a lawyer can be particularly useful in clearing up confusion and helping to navigate the process. You may need a lawyer's help if you’re applying for a visa, seeking to sponsor a loved one's migration, facing potential deportation, or if you're having trouble obtaining citizenship, among other situations.
Immigration law in Cairns is governed by federal legislation, meaning it does not differ significantly from other parts of Australia. The key legislation is the Migration Act 1958 and the complementary Migration Regulations 1994. These laws cover areas including visas, compliance and enforcement, detention, and status resolution arrangements. It is important to understand the specific provisions that might apply to you.
Australia offers a series of visas, each for a specific purpose: visiting, studying, working, family reunification, refugee or humanitarian entry, to name a few. The eligibility criteria and application process will vary depending on the type of visa.
The citizenship application typically involves submitting a form, paying a fee, demonstrating a basic knowledge of the English language and Australian society, a security check, and a pledge of allegiance.
You might have a right to appeal if your visa application is refused. The appeals process involves the Administrative Appeals Tribunal (AAT), which conducts an independent review of the decision.
Most student visas allow you to work up to 40 hours every two weeks during the academic term and unlimited hours when the term is not in session.
If you overstay your visa in Australia, you become an unlawful non-citizen. This can lead to detention and removal from the country, and can affect your ability to return to Australia in the future.
The Department of Home Affairs website offers a wealth of information on immigration laws and procedures. Other resources include the Migration Institute of Australia, which also provides information and advice on migration matters, and the Commonwealth Ombudsman, which can help resolve complaints about the actions of government agencies including those involved in immigration:
If you believe you need legal assistance with your immigration matters, it is advisable to seek help from a registered migration agent or immigration lawyer. Make sure to check their credentials and reputation, gather all relevant documentation related to your legal issue, and prepare to discuss your case clearly and fully.
