Complex Migration Matters by Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Expertise in Complex Migration Matters

Section 48 Bar

We assess your situation if you are affected by a Section 48 bar, advising on exempt onshore visa pathways or offshore application strategies.

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Section 47 (Natural Justice Letters)

We help you respond effectively to Section 57 “natural justice” letters, ensuring adverse information is addressed within strict time limits.

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Sections 351 & 417 (Ministerial Intervention)

We prepare detailed requests for Ministerial Intervention, presenting unique or compassionate circumstances as a last resort after other appeals are exhausted.

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Section 116 (General Power to Cancel)

Our lawyers handles appeals against visa cancellations under the broad powers of Section 116, addressing grounds like non-compliance or risk to the community.

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Section 109 (Cancellation for Incorrect Info)

We manage appeals against visa cancellations under Section 109, which can be triggered by incorrect information provided on past or current applications.

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PIC 4020 (False Information)

We provide strategic advice and prepare compelling submissions for PIC 4020 issues, addressing allegations of false/misleading information and seeking waivers where applicable.

Section 5 (Bogus Documents)

Our lawyers assist clients accused of providing bogus documents, preparing responses to the Department to challenge these serious allegations.

Section 100 (Incorrect Answers)

We provide guidance if your application is at risk due to incorrect answers, helping to clarify information and prevent visa refusal or cancellation.

Section 14 (Unlawful Non-Citizen Status)

We provide urgent advice if you have become an unlawful non-citizen, assessing your options to regularise your status or arrange a lawful departure.

Section 72 (Eligible Non-Citizen Status)

We assist in determining if you meet the criteria to be considered an “eligible non-citizen,” which is crucial for accessing certain bridging visas.

Bridging Visa E (Subclass 050)

We assist unlawful non-citizens in applying for a Bridging Visa E (BVE) to provide a lawful basis to remain in Australia while finalising immigration matters.

Health Waivers (PIC 4007)

Our lawyers prepare compelling health waiver submissions for eligible visas, arguing against refusal on grounds of significant cost or prejudice to access.

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We encourage a free 15-minute call to discuss your situation & map out a path to successfully overcoming your complex migration matter.

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Navigating Complex Migration Hurdles

Australian migration law is intricate, and issues like visa refusals, cancellations, or allegations of incorrect information can arise unexpectedly. These complex matters are governed by strict legislative provisions and tight deadlines.

Understanding the specific legal sections that apply to your case is the first step toward a resolution. Expert legal advice is crucial to interpret the law correctly, assess your options, and develop a clear strategy to move forward with confidence.

Responding Effectively to the Department

When faced with a complex issue, you may receive a formal notice from the Department of Home Affairs, such as an “Invitation to Comment” (S57) or a “Notice of Intention to Consider Cancellation” (NOICC).

These notices are a critical opportunity to present your case, but they come with strict time limits. A well-prepared, evidence-based response is essential to prevent a negative outcome. Failing to respond adequately can have serious consequences for your visa status.

Why Choose Moya Migration Law for Your Complex Migration Matter?

Navigating complex migration issues requires deep legal knowledge and strategic expertise. Moya Migration Law offers decades of experience in visa refusals, cancellations, and intricate legislative provisions, providing a client-focused approach to resolve your most challenging cases.

Extensive Experience in Complex Cases

Our firm, led by Daniel Moya, has a proven track record successfully managing difficult cases involving PIC 4020, visa cancellations, and appeals.

Client-Focused & Clear Guidance

We provide personalised support, taking the time to explain complex legal issues in plain English and advising on the best strategy for your situation.

Strategic Submissions & Advocacy

We develop tailored strategies to address specific challenges, from responding to a NOICC to arguing for a health waiver or Ministerial Intervention.

Deep Knowledge of Migration Legislation

Our profound understanding of the Migration Act 1958 (Cth) and its regulations ensures your complex matter is handled with the highest level of legal skill.

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Our 5-Step Process for Complex Migration Matters

Our process is designed for clarity and effectiveness, starting with an assessment to ensure we can help, followed by a detailed strategy session. We then provide a fixed-fee quote before proceeding with our expert legal work on your complex case.

1

Consultation & Strategy Session

We start with a free 15-minute call to discuss your case. If we can assist and urgent action is needed, we proceed to a deep-dive consultation ($330) to fully review your documents and correspondence.

2

Strategic Advice & Fee Quotation

Based on the detailed consultation, we provide a clear strategy on the best path forward and a fixed-fee quotation for our professional services.

3

Case Preparation & Submission Drafting

Once engaged, our team develops your legal strategy, gathers crucial evidence, and meticulously drafts comprehensive written submissions.

4

Lodgement & Department Liaison

We manage the timely lodgement of your response, application, or appeal and handle all ongoing communications with the relevant authorities.

5

Ongoing Representation & Outcome

We continue to represent you until a decision is made, providing clear advice on the outcome and any subsequent steps required for your case.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Migration Lawyer for Complex Matters

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages challenging migration cases. With over two decades of experience since 2002, Daniel specialises in navigating intricate legal provisions, from visa refusals and cancellations to PIC 4020 and Section 48 bars.

Daniel is committed to providing clear, strategic advice when your visa is at risk. He has a proven history of representing clients in difficult matters before the Department, the ART, and in court. Daniel also offers expert legal assistance in Spanish.

Frequently Asked Questions about Complex Migration Matters

What is Public Interest Criterion (PIC) 4020?

PIC 4020 is a rule to prevent visa fraud. It applies if you provide false, misleading, or bogus documents in a visa application, and can result in a refusal plus a 3 or 10-year ban on future applications.

Can a simple mistake on my form trigger PIC 4020?

Yes, even seemingly innocent errors, like selecting the wrong English competency level or not declaring a minor conviction, can trigger a PIC 4020 assessment if the Department considers it “false or misleading.”

What is a "bogus document" under Section 5?

A bogus document is one suspected to be fake, altered without authority, or obtained through a false statement. This can include passports, birth certificates, or employment references.

What does it mean to be an "unlawful non-citizen"?

Under Section 14, you become an unlawful non-citizen if you are in Australia without holding a valid visa, for example, after your previous visa expires or is cancelled.

What is the Section 48 bar?

Section 48 prevents you from applying for most other visas from within Australia if you’ve had a visa refused or cancelled while unlawful or on a bridging visa.

Are there any exceptions to the Section 48 bar?

Yes, a limited number of visas are exempt, such as Partner visas, Protection visas, and certain skilled or medical treatment visas, which may still be applied for onshore.

What is a Section 57 Natural Justice letter?

It is an “Invitation to Comment” from the Department when they have adverse information that could lead to a refusal. It is a final opportunity to respond before a decision is made.

What happens if I gave incorrect answers on my application?

Under Section 100, an answer is incorrect even if you didn’t know it was. This can lead to visa cancellation under Section 109, making it vital to correct any discovered errors promptly.

Can my visa be cancelled if my circumstances change?

Yes, under Section 116, a visa can be cancelled if circumstances you relied upon for the grant no longer exist, you breach a condition, or you are deemed a risk to the community.

What is a Bridging Visa E (subclass 050)?

A Bridging Visa E (BVE) is a short-term visa granted to unlawful non-citizens, allowing them to remain in Australia lawfully while making arrangements to depart or finalise an ongoing immigration matter.

What is a Health Waiver?

For certain visas, if you fail the health requirement (due to significant cost or prejudice to access), a Health Waiver may be available, requiring you to show compelling or compassionate reasons for it to be exercised.

What is Ministerial Intervention?

Under Sections 351 & 417, the Minister can personally intervene as a last resort to grant a visa if there are compelling and compassionate reasons, typically after all other appeal avenues have been exhausted.

Do I have to respond to a request from the Department?

Yes. You are given a limited time to respond to requests for information or to a NOICC. Failing to respond in time can result in a decision being made on the information at hand, which is often a refusal or cancellation.

What if I miss a deadline from the Department?

If the Department made an error in notifying you, they may reissue the letter. In some cases, it’s also possible to request an extension of time, but this is discretionary.

Why do I need a lawyer for a complex matter?

Complex matters involve intricate laws, strict deadlines, and severe consequences. A lawyer can provide strategic advice, prepare strong submissions, and represent you to navigate these issues and protect your interests.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.