If a person was in Australia illegally, are they entitled to any legal representation under immigration law?
The answer depends on who you mean by "illegal immigrants".
- Are you asking about unlawful non-citizens*,
or about asylum seekers**?
From a legal perspective, they are quite different classes of people.
- When you say "entitled to legal representation",
do you mean "entitled to have legal help paid for by the taxpayers", or
"entitled to get legal advice at all (even if they pay for it privately)"?
---------------
* Such as (but not only) people who overstay their departure date, or
who work more than their visa allows, or
who lied on their visa application;
** As a general thing, asylum seekers are not "illegal".
No matter what the Minister and the shock jocks say.[/QUOTE. I'm talking about a unlawful not citizen. In other words can they get representation by a lawyer?
I agree with Sarah J.In an answer he posted at more or less the same moment as Sarah J's much clearer one Tim W originally said:At their own cost (or paid for by someone else)? Probably.
But on the public purse? Probably not.
This person is in the community. They have been told to leave the country in 27 days. Would they be able to appeal it?I agree with Sarah J.
Is the person in detention, or at large in the community?
Immigration department has cancelled their visa they got a letter stating they need to leave the country with in 27 days. The person has no sponsorship or anything. If they are still allowed to appeal along after the letter can they do that? If they don't leave after 27 days then what happens?Who made this decision, was it the Department of Immigration? This person may apply for a review of the decision I highly recommend speaking with a lawyer before applying for merits/judicial review as this area of law can get confusing and there are many cases in this area.
Take a look at "what if my visa application is refused or cancelled" on the Immigration Department's website.
They will certainly be able to be represented by a lawyer.
Have a look at the actual letter from the department.Immigration department has cancelled their visa they got a letter stating they need to leave the country with in 27 days. The person has no sponsorship or anything. If they are still allowed to appeal along after the letter can they do that? If they don't leave after 27 days then what happens?