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Immigration & refugees
Immigration law sets out the rules about coming to Australia permanently, staying here temporarily and bringing family or employees to Australia from overseas. These rules are strictly enforced.
Migrating to Australia
Most people wanting to migrate to Australia have to apply from their own country.
The three main ways of applying to migrate are:
- family migration
- economic (business) migration
- through the Humanitarian Program as a refugee.
Family migration is when people, who have already settled in Australia and have become permanent residents or citizens, ask the government to let their family members join them.
Economic migration covers business and skilled migrants in a range of categories, as well as people who pass the ‘points test’ for skilled migrants.
The Humanitarian Program is to protect refugees. You may be a refugee if you face persecution in your home country because of your race, religion, nationality, political opinion or membership of a particular social group.
You may be a refugee if you are a person who has good reason to feel at risk of serious harm in your own country. You need to be able to show that:
- you face persecution because of things such as your race, religion, nationality, political beliefs, or membership of a social group
- your own country is unable or unwilling to protect you.
Visas
A visa is adocument that allows a person to enter Australia. There are strict rules about visas. Get legal help. See 'How we can help' below.
Applicants for all permanent visas must sign a statement that they will respect Australian values and obey Australian law for the duration of their stay in Australia (a 'values statement').
Refugees may qualify for a number of visas, but the most common type is a ‘protection visa’.
Protection visas
Protection visas are for refugees who are already in Australia and want to stay.
The Australian government will decide if you meet its rules about who is a refugee. These rules follow the United Nations’ Convention. The government will also look at your health and character before it makes a decision.
See 'Immigration & refugees – frequently asked questions' (link below) for information about how to apply.
Get legal advice
The laws about immigration and refugees are complicated, and can change, so get legal advice.
If you arrived here without a visa, or with false documents, get legal help straight away.
Appealing a decision to refuse a visa
You should get legal advice before making an appeal.
If the Department of Immigration and Citizenship (DIAC) (link below) refuses your application for a visa, you can ask the Migration Review Tribunal (link below) to review the decision. This is called ‘making an appeal’.
There are strict time limits for making an appeal. Time limits depend on the type of decision and whether you are in immigration detention. The time limit cannot be extended.
The Refugee Review Tribunal (link below) hears appeals about decisions made by DIAC to refuse protection visas. You have seven days to appeal if you are in immigration detention; 28 days if you're not in detention.
In some cases, DIAC may refuse to grant a visa, or may cancel a visa on 'character' grounds. For example, if you have a history of criminal convictions, or if you have committed crimes against humanity. These decisions cannot be reviewed by the Migration Review Tribunal or the Refugee Review Tribunal. You must appeal directly to the Commonwealth Administrative Appeals Tribunal (link below).
If you appeal to a tribunal and you lose, you may be able to appeal to the Federal Court. The grounds for appeal are limited. Get legal advice before you apply.
More information
Immigration & refugees – frequently asked questions
Related publications
Related websites
Administrative Appeals Tribunal (new window)
Department of Immigration and Citizenship (new window)
Migration Review Tribunal/Refugee Review Tribunal (new window)
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some immigration matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.
Who else can help?
The Asylum Seeker Resource Centre (ASRC) provides legal advice and advocacy, aid and health services for asylum seekers living in the community and in detention.
See the ASRC’s website (new window) for details of their services, or call them on (03) 9326 6066.
The Refugee and Immigration Legal Centre (new window) (RILC) is a community legal centre that specialises in legal advice and representation in relation to refugee and general immigration matters. The centre offers a casework and advice service for asylum seekers and disadvantaged migrants in the community and in immigration detention. Services are free.
The RILC phone advice service is available 10 am to 4 pm Wednesday and 2 pm to 4 pm Friday. Contact the centre on (03) 9483 1140 during session times and ask to speak with the duty solicitor.
Your local community legal centre (CLC) can also give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.
The Law Institute of Victoria’s Legal Referral Service (new window) can provide referrals to a specialist immigration lawyer. The first 30-minute consultation is free.