Migration Agents Capstone key terms

The main Commonwealth statute governing entry to and stay in Australia, including visa classes, application procedures, decision powers and review rights. It sits alongside the Migration Regulations and is the primary source of migration law obligations.

Subordinate legislation made under the Migration Act that sets out visa subclasses, criteria, schedules and forms. It supplies the detailed eligibility rules that decision-makers apply to each application.

The statutory requirements an applicant must satisfy for a visa, divided into primary criteria (time of application or decision) and secondary criteria. Failure to meet a mandatory criterion generally requires refusal of the visa.

The moment a valid application is taken to have been made, which fixes the facts and criteria that must be satisfied at that point. Evidence dated after this moment may not cure a criterion assessed at application time.

The point at which the decision-maker assesses whether the applicant meets particular criteria, allowing later events or documents to be considered. Distinguishing it from application time is critical to assessing whether a case can be strengthened.

An application that complies with statutory requirements such as the correct form, prescribed fee and required information, so that it is lawfully made. An invalid application cannot be decided and generally cannot be cured after lodgement.

A specific category of visa within a broader visa class, defined in the Migration Regulations with its own criteria and conditions. Applicants must identify and apply for the subclass that matches their circumstances.

A legally binding restriction or requirement attached to a visa, such as work limits or study rules, identified by a numbered condition. Breaching a condition can lead to cancellation and affect future applications.

A requirement for many temporary visas that the applicant genuinely intends a temporary stay for the stated purpose. Decision-makers weigh incentives to remain in Australia against incentives to return home.

The requirement in some visa categories that the applicant intends to undertake the visa's purpose genuinely and not through a contrived arrangement. It involves assessing the applicant's circumstances and intentions as a whole.

An arrangement where an Australian employer, relative or organisation nominates or supports a visa applicant and accepts defined obligations. The sponsor's eligibility and undertakings are separate criteria from the applicant's own.

A formal application by an approved sponsor or a state or territory body proposing a particular person for a visa. The nomination must be approved and linked to the visa application before the visa can be granted.

An evaluation by a designated assessing authority confirming that an applicant's qualifications and experience meet the standard for an occupation. A positive assessment is usually a mandatory criterion for skilled visas.

A scoring system used for certain skilled visas that awards points for factors such as age, English ability, qualifications and experience. Applicants must reach a minimum score, and higher scores can improve competitiveness.

An online submission through SkillSelect indicating a person's desire to be considered for a skilled visa. It is not a visa application and must lead to an invitation before an application can be made.

A formal offer issued to a person to apply for a particular visa, usually after selection from an expression of interest. The invitation is time-limited and the application must match the invited subclass.

A temporary visa that provides lawful status to a person in Australia while a substantive visa application or review is being decided, or while they arrange departure. Its conditions and travel rights vary by type.

Any visa other than a bridging visa, criminal justice visa or enforcement visa, granting a defined purpose and period of stay. Bridging visas exist only in relation to a substantive visa application or status.

A non-citizen in Australia who does not hold a valid visa. Being unlawful can lead to detention, removal and barriers to future visa grants, so status must be monitored closely.

The termination of a visa by a decision-maker under statutory powers, for example for breaching conditions, failing character requirements or providing false information. Cancellation may be mandatory or discretionary depending on the ground.

A statutory test assessing whether a person has a substantial criminal record, is associated with criminal conduct, or otherwise poses a risk to the community. Failing it can lead to visa refusal or cancellation.

A written direction from the Minister that decision-makers must follow when exercising certain powers, such as weighing factors in character decisions. Directions bind delegates but do not override the Act.

The obligation to give a fair hearing, including notice of adverse information and a genuine opportunity to respond before a decision is made. It is also described as procedural fairness and can be excluded by statute.

A legal error going to the decision-maker's power to decide, such as failing to consider relevant material or denying procedural fairness. It is the principal ground for judicial review of migration decisions.

Reconsideration of a decision on its facts and law by an external tribunal, which may affirm, vary or set aside the original decision. It differs from judicial review, which examines legality rather than correctness.

Court proceedings challenging the lawfulness of a decision rather than its factual merits, with remedies such as quashing or mandamus. Strict time limits and limited grounds apply under migration legislation.

The external body that conducts merits review of certain migration and protection decisions. It can substitute its own decision, and applicants usually must apply within a strict statutory period.

A formal request to a review body asking it to reconsider a decision, which must be lodged within the prescribed time and meet standing requirements. Missing the deadline can extinguish review rights.

A person who provides immigration assistance in relation to visa applications and related matters, and who must be registered unless an exemption applies. Registration carries statutory duties and disciplinary exposure.

Statutorily defined help such as advising on visa options, preparing or lodging applications, and representing clients in migration matters. Performing it without registration, where required, is an offence.

The official authorisation that permits a person to lawfully provide immigration assistance and to be identified as a registered migration agent. It is subject to qualifications, character checks and ongoing obligations.

The prescribed standards of professional behaviour binding registered migration agents, covering honesty, competence, fees, conflicts and client communication. Breaching it can result in disciplinary action against the agent.

A situation where an agent's personal, financial or other interests could improperly influence the advice or service given to a client. It must be identified, disclosed and avoided or managed openly.

A client's agreement to a course of action given after receiving clear, complete information about risks, costs and alternatives. It supports client autonomy and is central to ethical engagement and fee arrangements.

The process of establishing the professional relationship, including confirming scope, fees, responsibilities and expectations in writing. Clear engagement records reduce disputes and support accountability.

The written agreement setting out the services an agent will provide, the fees payable and the basis of the relationship. It should be given and explained before substantive work begins.

The duty not to disclose client information without authority or a legal requirement to do so. It continues after the engagement ends and is a core professional and privacy obligation.

The legal and ethical obligation to collect, use, store and disclose personal information only as permitted and necessary. Migration files often contain sensitive data requiring secure handling and limited access.

The documents, statements and other material relied on to establish that criteria are met. Evidence must be relevant, credible, current and sufficient for the specific criterion it addresses.

The responsibility on the applicant to satisfy the decision-maker that the criteria are met. An agent assists but cannot shift this burden away from the client.

The act of submitting an application and supporting material through the required channel, with the prescribed fee. Correct lodgement determines validity and the date from which time limits run.

A decision not to grant a visa because criteria are not met, the application is invalid or another ground applies. Refusal may trigger review rights, and some refusals carry re-entry bars.

The formal process for raising concerns about an agent's conduct or a department's service, leading to investigation and possible remedy. It operates separately from merits and judicial review of visa decisions.