My Partner Visa Was Refused. Which Lawyer Should I Talk To?
Key points
- Lawyers who practise migration law hold a practising certificate and are regulated by the legal profession bodies in their state or territory.
- Registered migration agents are regulated by the Office of the Migration Agents Registration Authority.
- Both lawyers and registered migration agents can lodge visa applications and represent clients at the Administrative Review Tribunal.
What should I look for in a lawyer after a partner visa refusal?
A lawyer after a partner visa refusal should hold a current practising certificate, focus on migration law, and have regular experience with partner visa refusals, Tribunal reviews and hearings. The lawyer should also give a clear written scope and fixed fee before starting and explain the options in language the couple understands. Our article on choosing a visa appeal lawyer sets out practical questions to ask.
Should I talk to the lawyer who lodged my original application?
Talking to the representative who lodged the original application is reasonable, because they know the file, but many couples also seek a second opinion after a refusal. A fresh reading of the decision can show issues the original preparation missed. Applicants can change representative at any time, and the new representative lodges a new Form 956. Our article on a second opinion from an immigration lawyer explains when this helps.
What is the difference between a lawyer and a migration agent for a refusal?
The difference between a lawyer and a registered migration agent for a refusal lies in their qualifications and regulation. Lawyers hold a practising certificate and are regulated by the legal profession bodies. Registered migration agents are regulated by the Office of the Migration Agents Registration Authority. Both can act at the Administrative Review Tribunal. Our article on migration agent versus immigration lawyer explains the differences factually.
What questions should I ask the lawyer in the first consultation?
In the first consultation, a person refused a partner visa should ask what the deadline is and how it was calculated, which findings in the decision record matter most, whether review or a new application is the better path, what evidence is needed, and what the fixed fee covers. The answers show whether the lawyer has read the decision closely. A lawyer who gives a confident prediction of the outcome before reading the decision record, or who cannot explain the deadline, has not yet done the work needed to advise. Good advice at this stage is specific to the findings in the refusal and honest about the risks. Our article on the immigration lawyer consultation explains how to prepare.
What documents should I bring to the lawyer?
The documents to bring to the lawyer are the refusal notice and decision record, details of how and when the refusal was received, the application reference and ImmiAccount access, any requests from the Department and the responses, and current visa details. With these, the lawyer can confirm the deadline and give useful advice at the first meeting. Our article on partner visa refused legal help describes the first steps.
How does My Migration Lawyers approach a client who has just been refused?
My Migration Lawyers approaches a client who has just been refused by confirming the review deadline and bridging visa position first, then reading the decision record against the original application to identify every finding that must be answered. The firm, led by Principal Lawyer Weiwei Zhang, gives a written recommendation and a fixed fee before any work on the review begins. Clients can learn more about Weiwei Zhang and the firm's work on partner visa refusals.
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