Of course. As an AI, I can simulate the process an immigration lawyer or registered migration agent would follow when presented with a client's case. Since the `` is a placeholder, I will construct a common, complex scenario to demonstrate the methodology. **Disclaimer:** I am an AI assistant and not a registered migration agent or immigration lawyer. This information is for illustrative and educational purposes only and does not constitute legal advice. A person with a real immigration issue must consult with a qualified and registered professional. --- ### **Simulated Scenario** Let's assume the client, "John," has just received a "Notice of Intention to Consider Cancellation" (NOICC) for his Student Visa (Subclass 500). The stated reason is a breach of visa condition 8202 (must be enrolled in a full-time registered course and maintain satisfactory attendance/course progress). John has been struggling with his studies due to personal health issues and has failed several units, leading to his university reporting him to the Department of Home Affairs. Here is how an immigration lawyer would break down the case and assist him. ### **Step 1: Initial Consultation and Fact-Finding** The first and most critical step is to gather all the facts. A lawyer would not offer any advice without a complete picture. **Questions for John:** 1. **The Document:** "Can I see the exact letter you received from the Department of Home Affairs? The NOICC is a critical document." 2. **Timeline:** "When did you receive this notice? There are very strict time limits to respond." (A NOICC typically gives 5 working days). 3. **The Breach:** "Let's talk about the university. Can you provide all communication from them regarding your course progress, any warnings, and the notification of their intent to report you?" 4. **The Reason:** "You mentioned health issues. Can you explain these? Do you have medical certificates, letters from doctors, or a psychologist's report? Were these provided to the university at the time?" 5. **Current Status:** "Are you still enrolled in a course? Have you made any arrangements to re-enrol or catch up?" 6. **Immigration History:** "Have you had any previous visa issues, refusals, or cancellations in Australia or any other country?" 7. **Personal Circumstances:** "Do you have a partner, children, or close family ties in Australia?" ### **Step 2: Identifying the Core Issues and Legal Framework** Based on John's situation, a lawyer would identify the following legal and procedural issues, referencing the relevant legislation and policy. #### **Primary Issue: Potential Visa Cancellation** * **The Law:** The Department is considering cancelling the visa under **Section 116(1)(fa) of the *Migration Act 1958***. This section gives the Minister (or their delegate) the power to cancel a visa if they are satisfied that the visa holder has not complied with a condition of the visa. * **The Regulation:** The specific condition breached is **Condition 8202**, located in Schedule 8 of the ***Migration Regulations 1994***. This condition requires the student to maintain satisfactory academic progress as defined by their education provider. * **The Policy:** The **Procedures Advice Manual (PAM3)** provides guidance to Departmental decision-makers. A lawyer would review the policy guidelines on s116 cancellations. These policies often outline discretionary factors the decision-maker *must* consider, such as: * The reason for the breach and the visa holder's circumstances. * The degree of non-compliance. * The visa holder's previous immigration history. * The consequences of cancellation for the visa holder and any family members in Australia. #### **Secondary Issues:** * **Unlawful Status:** If the visa is cancelled, John will immediately become an **unlawful non-citizen**. This means he could be subject to detention and removal from Australia. * **Exclusion Period:** A visa cancellation due to a breach of condition can lead to a **3-year re-entry ban** (Public Interest Criterion 4013). This would prevent him from being granted most temporary visas for three years. * **Section 48 Bar:** If his visa is cancelled while he is in Australia, **Section 48 of the *Migration Act 1958*** will prevent him from lodging most other visa applications while he remains in Australia (with very limited exceptions, like a Partner visa or a Protection visa). ### **Step 3: Developing a Strategy - The Way Forward** The immediate priority is to respond to the NOICC. If the visa is cancelled anyway, the next step is to appeal. #### **Phase 1: Responding to the NOICC (Notice of Intention to Consider Cancellation)** This is John's chance to prevent the cancellation from happening. The lawyer's assistance would be to: 1. **Request an Extension (if needed):** If the deadline is too short to gather evidence, immediately request an extension from the Department. 2. **Draft a Detailed Submission:** This is the core legal work. The submission will argue why the visa should *not* be cancelled, focusing on the discretionary factors from policy. * **Acknowledge the Breach:** Acknowledge the failure in course progress but provide context. * **Provide Compelling Reasons:** Argue that the breach was due to circumstances beyond John's control (i.e., his documented health issues). Explain how these issues directly impacted his ability to study. * **Supply Strong Evidence:** Attach all supporting documents: medical reports, letters from counsellors, statutory declarations from John and anyone who can corroborate his situation, and proof of any steps taken to rectify the situation (e.g., a new enrolment, a study plan). * **Address Discretionary Factors:** Argue that the cancellation would be disproportionately harsh given his circumstances. Highlight his otherwise good immigration history and his intent to comply in the future. #### **Phase 2: If the Visa is Cancelled - The Appeal and the Bridging Visa** If the Department is not convinced and proceeds with the cancellation, the next immediate steps are: 1. **Lodge a Merits Review Application:** The decision to cancel a visa onshore is usually reviewable by the **Administrative Appeals Tribunal (AAT)**. A lawyer would immediately lodge an application for review. * **Strict Time Limits:** There are strict deadlines to lodge an AAT application (e.g., 21 calendar days from the date of the decision). Missing this deadline means losing the right to appeal. 2. **Secure a Bridging Visa:** This is where the bridging visa application comes in. ### **Step 4: The Bridging Visa Procedure** This is a critical part of the strategy to keep the client lawful in Australia while the appeal is processed. 1. **What is a Bridging Visa?** A Bridging Visa A (BVA - Subclass 010) is a temporary visa that allows a person to remain lawfully in Australia after their substantive visa has ceased and while their application for a new substantive visa or a merits review is being processed. 2. **How is it Applied For?** * When a person is in Australia and lodges a valid application for merits review at the AAT for a visa cancellation, **an application for a Bridging Visa A is made automatically by operation of law**. * You do not need to lodge a separate form. The act of lodging a valid AAT appeal triggers the BVA application. 3. **When is it Granted?** * The Department will be notified by the AAT that a valid review application has been lodged. * The Department will then process and grant the BVA. This BVA allows John to remain lawfully in Australia until 35 days after the AAT makes its decision. 4. **Conditions of the BVA:** * The BVA will generally carry the **same conditions** as the last substantive visa held. In John's case, his BVA would likely have the same work restrictions (e.g., 40 hours per fortnight) as his student visa. * **Work Rights:** If John needs to work more to support himself during the long AAT wait, a lawyer can help him apply to have the work restriction waived by demonstrating financial hardship. This is a separate application to the Department. * **Travel Restrictions:** A BVA ceases if the holder leaves Australia. To travel overseas and return while awaiting an AAT decision, John **must apply for and be granted a Bridging Visa B (BVB)** before he departs. He needs to provide a compelling reason for travel. ### **Summary of Assistance and Procedure for John** As John's lawyer, this is the action plan I would present: 1. **Immediate Action (within 24 hours):** * Review your NOICC letter in detail to confirm the response deadline. * We will immediately start gathering all evidence of your health issues and communication with your university. 2. **Responding to the NOICC (within 5 days):** * We will draft and submit a detailed, evidence-based legal submission arguing against the cancellation of your visa. 3. **Contingency Plan (If Visa is Cancelled):** * **Lodge AAT Appeal:** We must lodge a review application with the AAT within the strict time limit (e.g., 21 days). This is the most critical step to fight the decision. * **Bridging Visa A (BVA):** The AAT application will automatically trigger a BVA application. We will follow up with the Department to ensure it is granted promptly, making you lawful again. * **Prepare for AAT Hearing:** We will prepare a new, even more detailed submission for the AAT, gather further evidence, and prepare you for the hearing, where you will have a chance to give evidence directly to the Tribunal Member. 4. **Ongoing Management:** * We will manage all communication with the Department and the AAT. * We will advise you on the conditions of your BVA, including work rights and the process for applying for a BVB if you need to travel. By following this structured, law-and-policy-based approach, we provide the client with a clear understanding of the issues, the risks, and a strategic path forward, ensuring their rights are protected at every stage.