Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
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5 – Commonwealth civil law guidelines
- Guideline 1 – general guideline for Commonwealth civil matters
- Guideline 2 – social security and other benefits: administrative appeals
- Guideline 3 – assistance for migration cases
- Guideline 4 – equal opportunity and discrimination
- Guideline 5 – war veterans' matters
- Guideline 6 – other Federal Court and High Court proceedings
- Guideline 7 – Proceeds of Crime Act 2002
- Guideline 8 – extradition proceedings
- Guideline 9 – appeals
- 6 – State family guidelines
- 7 – State civil law guidelines
- 8 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Guideline 3 – assistance for migration cases
VLA may make a grant of legal assistance for proceedings in the Federal Magistrates Court, Federal Court or High Court dealing with a migration matter, including a refugee matter, only if:
- there is a difference of judicial opinion that relates to a substantive issue in dispute that has not been settled by the Full Court of the Federal Court or the High Court
- the proceedings seek to challenge the lawfulness of detention
- there is an arguable error of law.
Limitation on some challenges to the lawfulness of detention
VLA will not approve a grant of legal assistance to challenge a decision about a visa or a deportation order
Limitation on cases arguing error of law
VLA currently does not provide assistance for cases seeking to argue an error of law.
Other migration matters
If a person needs legal assistance for a migration matter other than those listed above they should be referred to the Immigration Advice and Application Assistance Scheme.
Documentary requirements
Applications under this guideline can only be submitted via the standard grants assessment process.
A member of the section 29A practitioner panel or section 30 referral panel or other person seeking a grant of legal assistance should forward the following documents for assessment:
- a completed VLA application form
- having referred to guideline 3 and all available material, the lawyer’s assessment or report (if the application is made via a lawyer) and documentation that shows that there are issues in dispute in the matter which raise an unsettled difference of judicial opinion or a realistic challenge to the lawfulness of detention
- reference to how the matter meets the Commonwealth merits test
- relevant proof of means.