Guideline 3 – assistance for migration cases

Guideline 3 – assistance for migration cases

Victoria Legal Aid (VLA) may make a grant of legal assistance for proceedings in the Federal Court, Federal Circuit 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