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VIC Legal Representation for Illegal Immigrant?

Discussion in 'Immigration Law Forum' started by MiizzCarmen, 8 November 2014.

  1. MiizzCarmen

    MiizzCarmen Well-Known Member

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    If a person was in Australia illegally, are they entitled to any legal representation under immigration law?
     
  2. Tim W

    Tim W Lawyer

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    The answer depends on who you mean by "illegal immigrants".
    1. Are you asking about unlawful non-citizens*,
      or about asylum seekers**?
      From a legal perspective, they are quite different classes of people.

    2. 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.
     
  3. MiizzCarmen

    MiizzCarmen Well-Known Member

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  4. Sarah J

    Sarah J Well-Known Member

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    There is no law that prevents lawyers from taking on the cases of unlawful non citizens. Such a person would be able to find representation provided that the solicitor is willing to accept instructions, which would depend on whether said person has a good case or not.
     
  5. Tim W

    Tim W Lawyer

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    I agree with Sarah J.

    Is the person in detention, or at large in the community?
     
  6. MiizzCarmen

    MiizzCarmen Well-Known Member

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    This person is in the community. They have been told to leave the country in 27 days. Would they be able to appeal it?
     
  7. Sarah J

    Sarah J Well-Known Member

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    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.
     
    Tim W likes this.
  8. MiizzCarmen

    MiizzCarmen Well-Known Member

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    Immigration department has canceled 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?
     
  9. Sarah J

    Sarah J Well-Known Member

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    Have a read of the Immigration Department's factsheet 86 on "overstayers and other unlawful non-citizens".

    "
    Consequences of being unlawful
    Unlawful non-citizens have no entitlement to remain in Australia and are expected to depart. Where unlawful non-citizens refuse to leave Australia voluntarily, they may be detained and removed from Australia at the earliest practicable opportunity.

    Overstayers and others who are working illegally are taking job opportunities away from unemployed Australian citizens and residents.

    The department provides support for employers to assist them to confirm whether people who are temporarily in Australia are entitled to work.
    See: Fact Sheet 87 – Initiatives to Combat Illegal Work in Australia"

    The time periods of review depend on which type of review is being undertaken and what type of visa was the person on and the reasons for cancellation. Have a look at the websites on each of the three types of review (merits; refugee; and administrative appeals) for the relevant periods of when to lodge an application or contact the relevant tribunals to enquire. As a general rule of thumb, you should lodge an application as soon as possible.
     
  10. Tim W

    Tim W Lawyer

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    Have a look at the actual letter from the department.
    It is the custom in letters from Commonwealth government agencies
    that they state brief, basic reasons, and explain if, and how, you can appeal a decision.
    There will be a timeframe (x number of days) in which this can occur,
    which is basically not flexible.

    If a person does not appeal, and does not leave within 27 days,
    then they can be taken into custody,
    and kept locked up until they are deported.

    It is important to remember that people who help hide them, or who lie about where they are,
    can be committing offences themselves.
     

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