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 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
- 17 – Decision to grant or refuse assistance
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, worksheets and forms
- Contact us
Guideline 3 – assistance for migration cases
Victoria Legal Aid (VLA) 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, if:
- the proceedings seek to challenge the lawfulness of detention; or
- there is an arguable error of law.
In making a decision about a matter where there is an arguable error of law, VLA will have regard to:
- the importance of the case; and/or
- whether the case is a suitable vehicle for establishing new legal precedent.
In all other cases, applicants should be referred to the Immigration Advice and Application Assistance Scheme (IAAAS) for possible assistance.
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 seeking a grant of legal assistance should submit an application via ATLAS for assessment, including all of the following documents:
- having referred to guideline 3 and all available material, the lawyer’s assessment or report and documentation that shows that the proceedings seek to challenge the lawfulness of detention or there is an arguable error of law
- reference to how the matter meets the Commonwealth merits test
- relevant proof of means