Policy Bulletin 2024/3: Civil Law Migration Policy

Background

The Commonwealth Government is funding the legal assistance sector to support the delivery of efficient and effective legal assistance services to individuals seeking to appeal Permanent Protection Visa (PPV) decisions made by the Department of Home Affairs and/or the Administrative Appeal Tribunal (AAT) (or its successor body, the Administrative Review Tribunal).

In response the Legal Aid NSW Board approved changes to the Migration Policy to expand eligibility for people seeking permanent protection visas and to streamline other migration policies as so we have a coherent approach to our Migration work that reflects the funding agreement and imbeds a human rights framework.

What are the main changes?

Legal aid is available:

• to challenge a refusal of a protection visa under s36(1C) or s 501 of the Migration Act in the AAT
• for judicial review of a protection visa cancellation or refusal visa ‘on character or security grounds’ under the Migration Act
• for citizenship appeals for refugees in limited circumstances.

The Migration Policy imbeds a human rights framework which means for proceedings in the FCFCOA, Federal Court and High Court aid is only available where the matter raises a significant human rights issue.

Extended Legal Assistance

The Board has approved changes to Extended Legal Assistance (ELA) for Migration matters. The applicant eligibility criteria for these matters have changed to reflect the Civil Law Blueprint.

The change includes moving Partner Visa where the applicant is eligible for an exemption:

• under the family violence,
• child of the relationship, or
• death of a sponsor exemption provisions,

from a grant of aid to ELA.

Start date

The changes apply to applications determine on and after 18 March 2024.

Further information

Contact the Client Eligibility Unit via email: T-CEU@legalaid.nsw.gov.au.