Immigration

Our Goal

Our goal is to provide you with the legal technical expertise that is timely and relevant in your immigration matter. Our costs are affordable and competitive as our aim is to ensure that clients can afford legal representation on migration matters.

Vinh Duong is the principal solicitor who has many years of experience in Immigration law and is an Accredited Immigration Law Specialist with the law Society of New South Wales and also the Law Society of South Australia.

What can we do for you

Immigration has become a highly complex and technical area of law. Without a technical expert the client is definitely disadvantaged.

We offer high-level technical and expert assistance in immigration matters. We have a very high rate of success as we have an office policy not to take on cases that have little merit or are not true. We conduct research on difficult cases, and are able to follow through your cases up to the highest Courts.

Under the Migration Act, the onus is on the Applicant to provide all the required information and documentation for their visa application. On top of that, the Applicant is not able to rely on the Department of Home Affairs for advice or information in preparing their case and the Department takes no responsibility if their advice was wrong. As you may be familiar, a genuine case is not always successful if the right documents and evidence are not provided. Even ticking the wrong box in a form can lead to failure.

Another key issue is one of timeliness. Many visas have age limits, and time limits for application. If the Applicant is out of time, there is often nothing that can be done, even for the most deserving case. We try to make sure that your application is lodged in time meeting all the eligibility criteria.
In migration matters there is very little similarity from one visa to another, and there is a maze of visas – a client may be entitled to more than one visa category. There are almost 200 visa categories including temporary and permanent visas.

We make sure that we cover all the relevant visas in your case so that you can consider your options more clearly. We try to help select the most appropriate visa for you.

We assist you to

  • Identify the most suitable options for temporary or permanent visas.
  • Work out your eligibility and when you need to apply for a visa.
  • Determine exactly what documentation and evidence is required for the visa by providing you with check-lists.
  • Identify problem areas that you would need to address.
  • Prepare and lodge a valid visa application.
  • Where a review is required, prepare and lodge a valid review application.
  • Follow up your case until finalisation.

We also prepare detailed submissions to ensure that all points in your application are covered.

The key areas of immigration which we work in are

Temporary Visas

  • Temporary Skills Shortage visas under subclass 482 – We have had wide experience with Australian business sponsors who sponsor a client for a 2 or 4 year temporary visa in both professional and trade occupations including management staff, carpenters, tilers etc.
  • Student Visa – We have on-going experience with student visa cancellations either under Section 116 of the Migration Act or genuine student’s criterion. The different means of cancellation requires different response and different time limits. Our office does not apply for a student visa but we provide consultant services to many Education Advisor in difficult student visa application such as wavering Public interest 4014 and also Federal Court appeal for offshore student visa refusal as there are no rights of review to the Migration Review Tribunal.
  • Visitor Visa – We generally do not run primary applications for visitor visas which are supposed to be done by travel agents. However, if there is an emergency or a complicated case, we will do visitor applications. We have done a lot of reviews of visitor visa refusals at the Administrative Appeals Tribunal and we have had a high success rate.
  • Other Temporary Visas – We have also had experience in retirement visas and, religious worker visas.
  • Bridging E visa – We do a lot of work with Bridging E visas trying to get a detainee out of the Villawood Detention Centre, Ministerial appeals and also where there have been cancellations of visas.

Family Migration

  • Spouse Visa – These visas allow for fiancée applications under Prospective Spouse and also Partner visas where the couple are married. In these visas the Department looks at the financial aspects of the relationship, social aspects, nature of their household and the couple’s commitment to their marriage being genuine and on-going.
  • Child Visa – These are the visas that we give a lot of priority to ensure that children are reunited with their family in Australia. There are often considerable complications trying to obtain consent from natural parents to allow a child to migrate.
  • Orphan Relative Cases – This visa allows an Australian close relative to sponsor a child overseas where the child’s parents are dead, missing or permanently incapacitated to care for the child. There are technical problems to prove permanent incapacity and these cases are complex.
  • Last Remaining Relative – This visa while sounding simple can be complicated because of its slow processing by the Department of Home Affairs where dependent children are growing up and are over 18 years of age.
  • Parent Visas – Whilst there are now a range of parent visas available, there is still the slow moving parent visas case load with just the application fee and normal Assurance of Support. Since mid 2003, there is also the new Contributory Parent visas which require a substantial contribution in visa charges and Assurance of Support. We have many of cases under the parent contributory visa scheme with a good level of speedy response and success.
  • Other Permanent family reunion visas applied for: Carer visas

Skilled Visa

  • Skilled Independent Visas – This is a points tested visa that is dependent on your qualifications and skills. There is also a permanent visa pathway for New Zealanders.
  • Skilled Nominated Visas – This is a points tested visa which requires state government nomination.
  • Skilled Work Regional (Provisional) visas – Introduced in 2019, these visas is a points-tested visa which requires state government nomination or sponsorship by an eligible family member who is settled in a designated regional area.
  • Other Skilled Visas – Employer Nomination, Distinguished Talent.

Business Visas

Over time we have handled a range of business visas: both temporary and permanent visas Business Owner, Investment and also Significant Investor Visas.

Refugee and Humanitarian Visas

We do not handle refugee application, but we have a good network with other accredited Immigration Law specialist who specialise in refugee law. We are able to refer our clients top the appropriate lawyers that are expert in the field.

Citizenship Issues

We do not do Citizenship applications as we feel that our clients are capable of applying to become Australian Citizenship by themselves. However, we do assist our clients in complex Citizenship application such as:

  • Character issues
  • Ministerial Discretions on residency requirements

We will take on a Citizenship applications where we feel that our clients do need expert and technical advice.

Review Cases

Our office has a high level review caseload at the Administrative Appeals Tribunal. We work at providing all the required information on the case in as detailed as possible so that the client is fairly represented. We encourage the use of witnesses at a Tribunal Hearing and assist to provide detailed statements of clients in Australia and overseas. We have a high rate of success at the Administrative Appeals Tribunal.

The office is also able to assist in the more complex migration reviews at the Federal Circuit Circuit, Federal Court and the High Court and in these cases we often brief a barrister to assist.

Summary

Our office has experience in a wide range of migration matters. We have also handled unusual cases of absorbed persons and Distinguished Talent. We have an international portfolio with clients from Australia, Vietnam, Indonesia, Singapore, Malaysia, Cambodia, India, Macedonia and other parts of the world. We can always communicate by telephone, fax or e-mail.

We are very competitive in price and we aim to be thorough in our work. We are well placed to offer high level migration services.