Find Lawyers in Sydney, Australia for Immigration Law
Practice Area Overview
Australian immigration law is a dynamic area of practice. The immigration landscape frequently shifts based on the political, economic, and social conditions in Australia, as well as in key migrant source countries. As the Migration Act provides a legal framework for changes in law and policy to be more rapidly made by regulations and legislative instruments, there can be a high level of legislative and policy change. As a result, practitioners typically focus on immigration law as a singular and specialized practice area, including merits and judicial review of migration decisions.
The Minister for Immigration and Border Protection, and Minister for Immigration, Citizenship and Multicultural Affairs are responsible for the immigration, citizenship, and customs border portfolios in Australia, which are administered through the Department of Home Affairs (the Department). The Minister for Immigration and Border Protection (or another Minister appointed to administer the Migration Act) has a broad number of personal and ‘non-compellable’ powers under the Act.
Australia’s permanent migration program is tightly controlled by the government, with strict visa planning levels set each financial year. Conversely, the temporary visa program is largely demand driven and fluctuates based on Australia’s economic conditions and immigration policies as well as conditions in source countries.
In general, the permanent migration program is comprised of the:
- Skilled migration program
- Family migration program
- Special eligibility program
- Humanitarian program for asylum seekers and refugees
- Most temporary residents in Australia are either:
- Visitors for tourism or business purposes
- New Zealand citizens, who can freely travel to and remain temporarily in Australia under a long-standing reciprocal Trans-Tasman travel arrangement
- Students
- Working holiday makers
- Sponsored Temporary Work (subclass 457) visa holders, or more recently, Temporary Skill Shortage (subclass 482) visa holders
Australian immigration law has a strong compliance focus. All non-Australian citizens require an appropriate visa to enter and remain in Australia, and are subject to detention and removal from Australia should they overstay or have their visa cancelled. Specific immigration bars also may be imposed in these circumstances, including a permanent ban for visas cancelled on ‘character’ grounds.
Australian employers are subject to strict civil and in some cases, criminal, penalties if found to employ a non-citizen without a visa or in breach of visa conditions. Employers sponsoring foreign workers under temporary work programs are also subject to additional sponsorship obligations which, if breached, can lead to significant financial penalties for both individuals and the sponsoring business.
Information sharing is common between the Department and other government agencies such as the Fair Work Ombudsman, the Australian Tax Office, the Australian Securities and Investments Commissions, and the Australian Federal Police. This requires visa holders and sponsoring employers to have robust processes in place to ensure that they remain compliant with Australia’s immigration laws.
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Recognised as an Accredited Specialist in Immigration Law by the Law Society of New South Wales, Lillian has been practising law since 1997. Lillian is admitted as a solicitor in the Supreme Court of New South Wales and the High Court of Australia. Lillian’s experience in the field of immigration is extensive – from employer-sponsored work visas, entertainment and distinguished talent visas, partner and family migration, through to tribunal appeals, representations to the Australi...
Karwan is a litigator and government law specialist, with extensive experience acting for various government clients in a wide range of practice areas, including constitutional, administrative, regulatory and commercial law. In 2017, Karwan was named Partner of the Year at the Lawyers Weekly Australian Law Awards. He is also listed in the AFR's Best Lawyers in Australia list for Immigration Law in 2019. What he does Karwan represents government clients in litigation and advises on matters suc...
Joanne Kinslor is a specialist immigration lawyer who has extensive experience and exceptional knowledge of immigration law. Her clients appreciate her dedication to solving complex immigration problems and winning difficult cases. Joanne has been accredited as an immigration specialist by the Law Society of New South Wales since 2006. There are fewer than 40 accredited immigration solicitors in New South Wales. Joanne is Course Convenor and Principal Lecturer of “Australian Immigration...
Marial Lewis is one of Australia's top immigration lawyers. She is an accredited specialist in Immigration Law by the Law Society of NSW as well as two times winner of the prestigious Lawyers Weekly 30 under 30 in 2021 and 2022 and the 2020 John Gibson Award - Young Migration Lawyer of the year by the Law Council of Australia. She was also named as a finalist in various national awards including, Partner of the year in migration and innovation, rising star of the year for the Australasian Law...
Sasko is a Partner in Fragomen’s Sydney office. He has practiced in immigration law for over eighteen years, and has provided Australian immigration advice and assistance to Australian and international businesses across a wide range of industry sectors. His clients include world leaders in sectors such as ICT, FMCG, pharmaceutical, and management consulting. Sasko has also advised many start-up organizations with visa and immigration requirements. In addition, he has extensive experien...
Since 1995 David Prince has practiced extensively in all areas of visa applications, merits review and judicial review, and has established a reputation for successfully solving difficult immigration cases. He is regularly consulted by barristers, solicitors and migration agents on complex issues of immigration law. David has been accredited as an immigration specialist by the Law Society of New South Wales since 2000. There are fewer than 40 accredited immigration solicitors in New South Wal...
Bernadette is a litigator and advocate with more than 25 years' experience providing legal advice to the Commonwealth Government. She advises on merits review, judicial review and statutory interpretation, and represents clients before Royal Commissions and inquiries. What she does Bernadette regularly appears as an advocate in the Administrative Appeals Tribunal (AAT), Federal Circuit Court and Federal Court. She has extensive knowledge of the Commonwealth's operating environment, including ...
Admitted to legal practice in 2002, Farid is an Accredited Specialist inImmigration Law , included in the Best Lawyers in Australia list for Immigration Law since 2013; included in the Best Lawyers in Australia list for Human Rights Law since 2014, and included on the Doyle’s Guide’s 2021 inaugural list of Leading Immigration Lawyers in NSW. Farid has advised and assisted with applications for a very wide range of visas and other approvals under the Australian immigration law, inc...
Kathryn Viegas is a Director of Nomos Legal, a law firm specialising in the provision of Australian immigration law advice. She has practised immigration law since 2003. She represents a wide range of clients, including not-for-profit organisations, businesses and individuals. She regularly provides specialist advice to applicants with complex immigration needs, including applicants who have medical conditions or have allegedly committed fraud, those seeking review of a decision or Ministeria...
As an experienced commercial lawyer, Robert has significant experience in providing immigration and other legal advice and visa services to Australian and multinational companies in sectors such as financial services, mining and resources (including off-shore oil and gas), information technology and telecommunications, retail, science and engineering, and health. Robert served as the firm’s Regional Managing Partner for Asia Pacific from 2011 to 2016 and Managing Partner of the Australi...
Cherie is an Accredited Immigration Law Specialist and has focused on immigration exclusively since 2000. She has extensive experience in corporate migration across a range of industry sectors as well as private client matters, including complex health and character issues. Cherie provides immigration guidance on a wide range of scenarios. This includes advising start-ups, small and medium enterprises, government agencies and international and major corporations regarding appropriate visa man...
Phillip is the principal solicitor and director of Phillip Yip & Associates Pty Ltd. He and his team practise solely in Australian immigration law and specialise in representing overseas and local employers for work permits and permanent residence for employees to work and live in Australia. His clients range from Fortune 500 companies to boutique niche businesses and startups that operate across all major and emerging industries. Phillip also specialises in family sponsored, independent ...
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