Migration

For legal aid to be granted for representation in a migration matter the following tests must be satisfied:

• The applicant meets the means test, and
• The applicant meets guideline 3 – migration cases, and
• The applicant meets the merits test.

Applicants who do not meet Guideline 3.1 or 3.2 – migration cases should contact the Department of Immigration and Citizenship to obtain assistance through the Immigration Advice and Application Assistance Scheme (IAAAS). Refugee and Immigration Legal Service (RAILS) is the only Queensland service provider for IAAAS.

Documentary requirements

Application received from client

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

• A completed and signed Legal Aid Queensland application form.
• Proof of income and assets (refer to the means test).
• Copies of all relevant documentation relating to the migration matter.

Application received from preferred supplier

Preferred suppliers seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system ensure that the following documents are retained on file:

• A completed and signed Legal Aid Queensland application form.
• Proof of income and assets (refer to the means test).
• Copies of all relevant documentation relating to the migration matter.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).