To argue the unarguable, to win the unwinnable, to fight a just cause no matter the odds, to find the error in a bad decision no matter how long it takes is something we must do every day we open the doors to do business in Australian immigration law. It simply can’t be done, it’s hopeless; how many times has my business partner Ray Turner heard that on his way to Court, only to get the phone call from the Minister’s solicitor to say that they were conceding the decision and revoking refusal or cancellation of an Australian visa application. If Ray, and the other great immigration lawyers just like him, listened to the nay-sayers, the landscape of Australia migration law would be a very different one today and the countless numbers of visa applicants and their families we have helped achieve Australian citizenship and Australian permanent residence would not being enjoying the safety and satisfaction that life in Australia offers all of us.
A government must be just in its decision making and accord due process; this underpins the rule of law and our Australian way of life. Its simple, they have the power to do it, or they don’t; also just having the power to do something, does mean the exercise of that power in every circumstance is right. This is the element of discretion that informs so much of the decision making by Australian immigration case officers in the deciding of visa applications, and by Members of the Administrative Appeals Tribunal when hearing appeals against visa cancellation and visa refusals. It’s the application of discretion where so often case officers and AAT members fall into error and deny justice and fair and proper outcomes to Australian visa applicants in circumstances where criteria for grant of the visa are in fact met.
Conversely, when appealing to the Federal Circuit Court, Federal Court, and Australian High Court there is very little discretion to be applied. You cannot argue the merits of the case again but must find an error of fact or law significant enough to show the decision is wrong at law and is void due to jurisdictional error. In this arena, everything that has been said or not said since the lodgement of the first application right through the appeals to the AAT, Courts and even onto a Ministerial Intervention application will matter and count in favour of, or against, the visa applicant and appellant.
A simple visa application thrown together and banged in for consideration by an unskilled agent, unknowing general lawyer or by a visa applicant themselves may lead to refusal by the Australian immigration case officer with limited or no chances of success on appeal to the AAT or the Australian Federal Courts. That’s why getting it right at the outset is critical and getting advice from people that know every aspect of Australian migration law, its development, and have walked the walk since the Australian Immigration Act was what seemed to be no more than a few pages scribbled in the Minister’s personal note book, is the best advice I could give anybody looking to apply to the Australian immigration department or lodge an appeal against visa refusal or cancellation to the AAT or Federal Courts.
This is what stands Turner Coulson out from the rest and unlike most lawyers, we are happy to have a preliminary chat at no cost to see if we think we can help, and then if we think we can and you want us to, we can look to book a consultation to move to give full and proper strategic advice. So give us a call on +61 2 9222 1545 and lets see how we can help
