How to Choose Your Lawyer for Your Federal Court Appeal

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How to Choose Your Lawyer for Your Federal Court Appeal


Save your visa

Are you appealing your visa refusal in the Federal Court? How do you choose the right lawyer?

#1 Have you received written legal advice?

Lawyers have an ethical and statutory obligation to only accept migration cases in the Federal Court if there are reasonable prospects of success. Lawyers cannot take on hopeless cases.

#2 Beware of this tactic

Some migration agents do not advise their client about the chances of winning. They don’t event think about this issue. Instead, they take money from their client and then “ghost write” the Court documents. BUT: they then send the client to face the judge!

What do you think happens next? The judge will dismiss the application and you have to pay the Immigration Department’s costs – which can be anywhere up to $7,500.

If you don’t pay the Immigration Department, then you can’t apply for a new visa.

#3 The safe and prudent pathway

Shop around and ask lawyers for a fixed price quote for a legal advice in your matter. You should insist of WRITTEN ADVICE. When you have the advice, you can decide if the case is worth your investment and your time.



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Oszkar Denes is the principal lawyer of Denes Lawyers. He regularly regularly represents his clients in Court, and he is a strong advocate. He is a solicitor admitted in the High Court of Australia and the Supreme Court of Queensland and he is a member of the Queensland Law Society.

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