Getting a request for more information from the Immigration Department
Don’t always assume that the Immigration Department officers and communications are right about what the law says. Often, delegates misapply the law leading them down the wrong path toward a bad outcome for the visa applicant. While the Administrative Appeals Tribunal (AAT) or the courts can sort out delegates errors in applying the law, this is not a quick or cheap solution. However, it can be avoided by making sure the law is correctly applied to your facts in the first place.
We often receive a request for more information from a delegate that asks for something that the law does not require or make an assertion on interpretation of criterion that is wrong and has held to be wrong by the courts. Migration law is complex and if you don’t live and breathe it every day, chances are you just won’t know the difference between a reasonable request and an unlawful direction. We know the difference and we hold the Immigration Department to account by not accepting irrelevant or unlawful requests.
We recently received a request from a delegate in an application for citizenship. The delegate said in their request that the Citizenship Act prohibits approval to offshore applicant. It most certainly does not. A polite email setting out the law was dispatched, and the request was withdrawn.
As lawyers we are eternally vigilant, always asking questions, and always learning to the benefit of our clients.
If you have received correspondence from the Department, and you are not confident in your response – we can help. Contact us by using the form on this page, or on the contact page
BOOK A CONSULTATION
"*" indicates required fields