Immigration and citizenship are decided entirely under Commonwealth law, the same rules across every state and territory in Australia. Whether you are applying for a partner, skilled, student or protection visa, or your visa has been refused or cancelled, the criteria, charges and deadlines come from federal legislation administered by the Department of Home Affairs. This page sets out, in plain terms, how the system works and where to get free information and, if you want it, a fixed-fee consultation with an admitted Australian lawyer.
Free legal information. Not legal advice. Available 24/7.
Unlike most areas of law in Australia, immigration is exclusively a Commonwealth (federal) matter. Under sections 51(xix) and 51(xxvii) of the Constitution, only the federal Parliament can make laws about aliens and immigration, so there is no separate "NSW immigration law" or "Queensland visa law". The rules are the same nationwide: the Migration Act 1958 (Cth), the detailed Migration Regulations 1994 (Cth), and the Australian Citizenship Act 2007 (Cth). This is the opposite of areas like criminal law, traffic offences, drink-driving and wills, which are made and enforced by each state and territory, where penalties and procedure can differ markedly from one place to the next.
Australia runs a universal visa system: every non-citizen needs a valid visa to enter and stay. Visas fall into broad streams, family and partner, skilled (points-tested and employer or state nominated), student, visitor, temporary work, humanitarian and protection, and bridging visas. Each subclass has its own criteria, conditions, and visa application charge fixed in the Regulations. Applications are lodged with and decided by the Department of Home Affairs, usually online through ImmiAccount.
State and territory governments do not make immigration law, but they do take part through skilled and business migration nomination programs, for example New South Wales, Victoria's Live in Melbourne, and Migration Queensland. A state nomination feeds into a Commonwealth points-tested or nominated visa subclass; the visa decision itself remains a federal one under the Migration Act.
If a visa is refused or cancelled, the decision can often be challenged. The first step is usually merits review at the Administrative Review Tribunal (ART), which on 14 October 2024 replaced the former Administrative Appeals Tribunal and the Immigration Assessment Authority. Time limits are short and strict, sometimes only a matter of days for certain detention-related and cancellation decisions, so it is important to act quickly. Beyond the merits, decisions can be challenged by judicial review (for legal or jurisdictional error, not the merits) in the Federal Circuit and Family Court of Australia, the Federal Court of Australia, and ultimately the High Court of Australia. Character cancellation under section 501 and the mandatory detention of unlawful non-citizens are significant and frequently litigated parts of the system.
Legal Hotline is a free, 24/7 legal-information service operated by Platfirm AI. We are not a law firm. What we can do is explain how immigration law works in everyday language, around the clock, which matters when a deadline is days away or someone is in detention. We can talk you through what a Home Affairs decision means, the difference between merits review and judicial review, how the Administrative Review Tribunal process works, the time limits that apply, and where to find the relevant rules.
There is an important line we are careful to respect: we give legal information, not legal advice. Information explains the law and the options in general; advice applies the law to your particular facts and recommends what you should do. For a fee, that advice can only lawfully be given by an admitted Australian lawyer or, for immigration assistance, a Registered Migration Agent regulated by OMARA. (Since 22 March 2021, Australian lawyers with an unrestricted practising certificate give immigration assistance under their practising certificate and are no longer registered with OMARA.) If your matter needs advice or representation, we can help you book a fixed-fee consultation with an admitted Australian lawyer, with the fee known up front and no obligation to go further.
Cost should not be the only thing standing between you and help. Depending on your circumstances you may qualify for free or low-cost assistance through the government-funded Immigration Advice and Application Assistance Scheme (IAAAS), a Legal Aid commission such as Legal Aid NSW, Victoria Legal Aid or Legal Aid Queensland (RAILS), or, for asylum and refugee matters, the Refugee Council of Australia. We can point you to these too.
Is immigration law different in each Australian state?
No. Immigration and citizenship are exclusively Commonwealth matters under the Constitution, so the rules are the same in every state and territory, the Migration Act 1958 (Cth), the Migration Regulations 1994 (Cth) and the Australian Citizenship Act 2007 (Cth), all administered by the Department of Home Affairs. States and territories do run skilled and business migration nomination programs, but a nomination only feeds into a federal visa; it is not a separate state immigration law. This is unlike criminal, traffic and wills matters, where each state makes its own laws and penalties differ.
Can I challenge a visa refusal or cancellation?
Often, yes. Most refusals and cancellations can first go to merits review at the Administrative Review Tribunal, which replaced the AAT and the Immigration Assessment Authority on 14 October 2024. The deadlines are short and strict, sometimes only days for certain detention or cancellation decisions, and missing one can permanently end your review rights. If there is a legal or jurisdictional error rather than a disagreement on the merits, the decision may instead be challenged by judicial review in the Federal Circuit and Family Court or the Federal Court. Because the time limits are unforgiving, it is worth getting advice quickly.
What is the difference between legal information and legal advice?
Legal information explains what the law says and what the general options are, which is what we provide free on this hotline. Legal advice applies the law to your specific facts and tells you what you should do; in immigration, for a fee that can only be given by an admitted Australian lawyer or a Registered Migration Agent regulated by OMARA. We can give you the information for free and, if you want advice, help you book a fixed-fee consultation with an admitted lawyer.
Who can lawfully help me with a visa application?
For immigration assistance given for a fee, only Australian legal practitioners and Registered Migration Agents on the OMARA register may do so. Using an unregistered person is risky and can be unlawful, and you have little protection if something goes wrong. You can check whether a migration agent is registered before you engage them, and you can confirm a lawyer holds a current practising certificate with the relevant state or territory legal regulator. Legal Hotline is an information service and is not a substitute for a registered agent or lawyer, but we can connect you with an admitted Australian lawyer if you want representation.
What happens if I am held in immigration detention?
Unlawful non-citizens are subject to mandatory detention under the Migration Act. If you or a family member is detained, it is important to get legal help straight away, because some detention and cancellation decisions carry very short review deadlines. You may be able to seek a bridging visa or to challenge a decision at the Administrative Review Tribunal or, for legal error, in the courts. Free or low-cost help may be available through a Legal Aid commission or the Refugee Council of Australia, and we can talk you through your options at any hour.
What if I cannot afford a lawyer?
There are free and low-cost pathways depending on your circumstances. Eligible applicants may get government-funded help through the Immigration Advice and Application Assistance Scheme, and Legal Aid commissions such as Legal Aid NSW and Victoria Legal Aid assist with some immigration and protection matters. Our information is always free, and if you do want a lawyer the fixed-fee consultation we can arrange means you know the cost before you commit.
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