Two things I have learnt in Australian immigration law: The first, you never know where the lessons are going to come from; the second, Words matter. A classic example of both is the time Ray, my business partner, asked me to be referee for this son who was seeking a security license so that he may work to support his university studies. Of course, I happily agreed and wrote a most glowing reference for Ray’s boy stating that, as Ray’s partner, I had known his son for 10 years + on a personal level and that he was absolutely a fit and proper person to hold a security license. Feeling great about myself and confident that the reference would get the job done, I handed it to Ray and subsequently the application for security license was lodged. It was but a few days later that Ray came to my office to inform me of the outcome of the license application which, had been refused and sent back with a decision letter explaining that I could not act as a referee in the application as I was Ray’s partner. When it dawned on me why it was refused, both of us were literally laughing until tears ran and our faces hurt. Now Ray is a good old sort, and once a hand model so he advises, but certainly not my type! By missing the one important word in my letter ‘business’ in front of partner, the case officer deemed us ‘life partners’ not business partners and as a family member, I was unable to give a reference to his son. Of course, a second letter was quickly drafted, the decision maker put in the correct light and the security license application approved on a second application.
It is the attention to detail that matters in Australian immigration applications, whether simple tourist visas, complex partner visas, employer sponsored work visas and business visas, protection visas or appeals against visa refusal or cancellation to the Administrative Appeals Tribunal (AAT). Every word counts, what is said can’t be unsaid and often what isn’t said may not be accepted as true if said after a request for further information is received or on appeal following refusal or cancellation. Also, unlike a security application, often in Australian migration law, you don’t get a second chance and will be barred from lodging further applications. Getting it right in all respects at the first application is critical to a positive outcome and visa grant; and even if refused, to setting up any necessary appeal to the AAT in such a way that it can be argued persuasively and successfully.
That is why taking advice from, and working with, specialist immigration lawyers who know what they are doing and care about the outcome is both sensible and essential. That is what stands our team at Turner Coulson out from the rest and why we are happy to have a preliminary chat at no cost over the phone to see if we think we can help, and then if you want us to, to book a consultation to give full and proper strategic advice. So give us a call on +61 (02) 9222 1545 and we look forward to helping.
