Guidelines Part 3 - Matter Type Guidelines Cwth Civil Law Matter Type Guidelines Migration Cases| Migration Cases |
Guideline : Cwth
Number: 3 Effective Date: 15/7/10 Law: Cwth Civil |
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| 3.1 | Assistance for limited migration matters | ||||
| (1) | The Commission may make a Grant of Legal Assistance for proceedings in the Federal Court, Federal Magistrates Court or High Court dealing with a migration matter, including a refugee matter, only if: | ||||
| (a) | 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, or | ||||
| (b) | the proceedings seek to challenge the lawfulness of detention, or | ||||
| (c) | there is an arguable error of law. | ||||
| In making a decision under (1)(c), the Commission will have regard to: | |||||
| (i) | the importance of the case; and/or | ||||
| (ii) | whether the case is a suitable vehicle for establishing new legal precedent. | ||||
| Note: | Guideline 3.1(1)(b) does not include a challenge to a decision about a visa or a deportation order. | ||||
| (2) | In all other cases, applicants should be referred to the Immigration Advice and Application Assistance Scheme (IAAAS) for possible assistance. | ||||