Guideline 3.1
Victoria Legal Aid (VLA) may make a grant of legal assistance for proceedings in the Federal Court, Family 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.
Documentary requirements
An in-house lawyer or a lawyer on the section 30 referral panel seeking a grant of legal assistance should submit an application for assessment via the standard grants assessment process on ATLAS, 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.
Costs payable
Please see Fee Schedule 5.
Guideline 3.2
Victoria Legal Aid (VLA) may make a grant of legal assistance to a person for representation in the Administrative Appeals Tribunal/Administrative Review Tribunal for review of visa decisions in relation to:
- refusal of a protection visa; or
- cancellation of a refugee or protection visa
If:
- the matter meets the Commonwealth merits test; and
- the matter meets the VLA means test
Funding source and availability
Funding for Guideline 3.2 is separate to the general Legal Aid Fund. Representation is provided by VLA lawyers and is subject to the availability of Commonwealth funds allocated for this purpose.
Documentary requirements
Guideline 3.2 is subject to a simplified grants assessment process. Lawyers maintaining a casework file for each legally assisted matter must retain the following documents:
- having referred to Guideline 3.2 and all available material, the lawyer's assessment or report and documentation that shows the proceedings seek to review a decision to refuse a protection visa, or cancel a refugee or protection visa
- reference to how the matter meets the Commonwealth merits test
- relevant proof of means.
Costs Payable
Refer to Fee Schedule 5 for costs payable.
Refer to Table S for disbursements payable.
Updated