No Worries Migration
Questions

The questions we are asked most.

If your question is not here, ask it – it costs nothing to find out whether we are the right people to help.

No Worries Migration is a registered migration agency, not a law firm. We give immigration assistance – preparing and lodging visa applications, advising you about them, and representing you at the Administrative Review Tribunal. We do not provide immigration legal advice and we do not act for anyone in a court. If you need to apply to an Australian court for judicial review of a migration decision, you should contact an immigration lawyer. We can give you general information about how the process works and point you to the relevant court’s own website, but that is general information and it is not legal advice about your circumstances.


Who you are dealing with

Are you a registered migration agent?

Yes. Immigration assistance is given by Arash Barinder Singh (Arsh Dhillon), a registered migration agent. Our registration number and a direct link to our entry on the Register of Migration Agents are in the footer of every page.

Registration is public and free to check. Do the same for anyone else who offers to help you with an Australian visa – in Australia, only a registered migration agent or a lawyer may lawfully give you immigration assistance.

Are you a lawyer?

No. No Worries Migration is a registered migration agency. It is not a law firm, and we are not a firm of solicitors.

What that means in practice: we give immigration assistance, which is a defined activity under the Migration Act 1958 and is the work a registered migration agent is authorised to do – preparing and lodging visa applications, advising you about them, and representing you at the Administrative Review Tribunal. We do not give legal advice, and we do not act for you in a court.

Nothing on this website is legal advice. It is general information only.

Do I actually need an agent?

No. You are entitled to prepare and lodge your own application, and the Department publishes the forms and the requirements. Plenty of straightforward applications are made without any help at all.

People engage us when the matter is not straightforward – a refusal, a previous visa problem, a complicated relationship or work history, a deadline that cannot be missed. If we think your matter is simple enough to do yourself, we will tell you that.


If your visa is refused

My visa has been refused. What happens now?

Read the decision letter first, and note the date you received it. The letter will usually tell you whether the decision can be reviewed and by when.

Most refusals carry a right of merits review at the Administrative Review Tribunal. Those time limits are set by law, are counted in days, and generally cannot be extended – not by the Tribunal, the Department or us.

Bring us the letter, with its date, as early as you can.

What is merits review, and can you act for me at the Tribunal?

Merits review means the Tribunal looks at the decision afresh on the facts and the law, and can make a different decision.

Yes – representing you at the Administrative Review Tribunal is immigration assistance, it is work a registered migration agent is authorised to do, and it is a substantial part of this practice.

What is judicial review? (general information)

Judicial review is different from merits review.

A court conducting judicial review does not decide whether you should get the visa, and it does not look at your case again on the facts. It decides whether the decision was made lawfully. If the court finds a legal error of the right kind, the usual result is that the decision is set aside and sent back to be made again by a different decision-maker – not that a visa is granted.

This is general information about how the system works. Whether it applies to your decision is a legal question for a lawyer.

What is a jurisdictional error? (general information)

Broadly, a jurisdictional error is a legal error that goes to whether the decision-maker had the authority to make the decision they made. Errors of that kind have been found where, for example, a decision-maker failed to consider something the law required them to consider, denied a person a fair hearing where one was required, or applied the wrong legal test.

That is a general description of a legal concept, offered so you understand what the words mean when you read them. It is not advice about your case. Whether anything of that kind happened in your matter is a legal question, and answering it is legal work that a lawyer does, not a migration agent.

Can you help me apply for judicial review?

No. We do not provide immigration legal advice, and we do not prepare, file or run court proceedings for clients. If judicial review is being considered, you should speak to an immigration lawyer, and you should do it quickly, because court time limits are short and strict.

We will tell you plainly when that is the stage you have reached, explain in general terms how the process differs from Tribunal review, and point you to where to get the right help. The courts publish their own guidance for people who do not have a lawyer – the links are below.

Where do I go for judicial review, or to find a lawyer?

These are the official sources. We are giving you the address, not advice about your case.


Fees, and how we work

What do you charge?

It depends on the matter, so we quote on the matter rather than publishing a price list. What is fixed is how you find out: before any work starts you get a written service agreement setting out the scope of the work, our fees and any disbursements, and you get an itemised invoice and a receipt for money received.

Government charges are separate. The visa application charge is set by the Department, is paid to the Department, and is not our fee.

What happens to money I pay in advance?

Fees paid in advance are held in a clients account and drawn only as the work is done and invoiced. That is what the Code of Conduct requires, and it is how this practice is run.

Can you guarantee I will get the visa?

No, and neither can anyone else. Applications are decided by the Department of Home Affairs, the Administrative Review Tribunal and the courts – not by your agent.

The Code of Conduct expressly prohibits an agent from stating that they can procure a particular decision, or that being a registered agent gives them a special or privileged relationship with any government official. Anyone who tells you either of those things is breaching the Code, and something.

We will tell you honestly where you stand, and prepare the strongest case the facts support.

What if I am not happy with the service?

Tell us first – most problems are a misunderstanding and can be sorted out quickly. If that does not resolve it, you can complain to the Office of the Migration Agents Registration Authority, which regulates registered migration agents. You do not need our permission and you do not need a reason from us.

Talk to a registered migration agent

Tell us where you are up to.

Whether you are at the very start, waiting on a decision, or holding a refusal letter, start with a conversation about where things stand.

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Suite 2, 19 Short Street, Southport QLD 4215
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