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3. Civil law matters

3.4. Visa cancellation matters

For Legal Aid NSW to be satisfied that a matter in relation to a visa cancellation under s501 of the Migration Act 1958 (Cth) raises a significant human rights issue, one or more of the following criteria must be satisfied:

  • the applicant would be at risk of persecution or death if returned to their country of origin
  • it is in the best interests of the child or children because it is clearly the child or children who will suffer if the applicant is deported, or
  • the applicant is a person who has either:
    - substantial mental health problems
    - significant cognitive difficulties, or
    - a significant physical difficulty, and
    if deported back to their country of origin, he or she would be denied significant family support.


Date Last Published: 07/05/2015