4.13 Migration

4.13.1 When legal aid is available in migration matters

Legal aid is available for certain migration matters as set out in sections 4.13.2 to 4.13.3 below.

4.13.2 Representation in the Administrative Review Tribunal

4.13.2.1 Visa refusals

Legal aid is available for review of visa decisions in relation to:

  • Cancellation of a refugee or former refugee visa
  • Refusal of a protection visa
  • Refusal of a partner visa where the applicant is seeking an exemption either based on:
    • being a victim of family violence
    • where the sponsor has passed away, or
    • where there is a child of the relationship.

To be eligible for legal aid the applicant must satisfy:

4.13.2.2 Protection Visa refusals

Legal aid is available to applicants who are challenging a refusal of a protection visa on character or security grounds of the Migration Act 1958 (Cth).

To be eligible for legal aid the applicant must satisfy:

4.13.2.3 Visa Cancellation matters

Legal aid is available to applicants who are challenging a cancellation of a visa under s501 of the Migration Act 1958 (Cth).

To be eligible for legal aid the applicant must satisfy:

4.13.2.4 Citizenship matters

Legal aid is available to refugees who are challenging a citizenship refusal where they:

  • do not meet the character requirement, or
  • are unable to provide evidence of their identity, and/or
  • are unable to undertake the citizenship test due to incapacity.

To be eligible for legal aid the applicant must satisfy:

4.13.3 Representation in the Federal Cercuit and Family Court of Australia, The Federal Court and the High Court

Legal aid is available for migration matters, including refugee matters, in the Federal Circuit and Family Court of Australia, in the following circumstances:

  • where there is an arguable error of law, or
  • where the proceedings seek to challenge the lawfulness of detention.

To be eligible for legal aid the applicant must satisfy:

 

Date last published: 1 June 2026