Practice area
Immigration & Migration LawImmigration and nationality
Define the intended work in Immigration & Migration Law, confirm the applicable requirements and select a task to plan the necessary review.
Key facts
- Tasks covered
- 35
- Tasks with a step-by-step checklist
- 16
- Local differences
- 3 jurisdictions where this area changes
Jurisdiction
Tasks
GreenLawyer reviewYellowClose supervisionRedLawyer-led
| Task | How AI is used | Human involvement | What the lawyer must review |
|---|---|---|---|
| Triage a refusal or cancellation decision for urgent review | Extract candidate facts from a permitted decision letter and notification record into a review-triage sheet. | RedLawyer-led |
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| Reconcile a visa evidence pack with successful uploads | Compare the lawyer-approved evidence list with saved file versions and the actual upload receipts or received list. | YellowClose supervision |
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| Check translated documents are paired and complete | Create an inventory pairing each non-English source document with its English translation and translator details. | YellowClose supervision |
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| Prepare a response-to-information-request checklist | Structure the actual Department or Tribunal request into a question-by-question table with candidate evidence references. | YellowClose supervision |
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| Build a visa-pathway longlist from the client's facts | From the age, occupation, history and family facts the lawyer supplies, list candidate pathways with the criteria still to check, not a recommended visa. | RedLawyer-led |
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| Advise on Immigration Act 2009 pathways from the client's facts | Extract the client's status, family and work facts into an INZ-pathway sheet. | RedLawyer-led |
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| Build a points or selection-grid worksheet from the client's facts | Produce a worksheet of age, language, work, qualifications and other factors the lawyer has listed, with a candidate score and missing evidence on each row. | YellowClose supervision |
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| Build a points worksheet for a subclass 189, 190 or 491 application | Produce a worksheet of age, English, work, qualifications, Australian study, partner skills and state nomination, with a candidate score and missing evidence on each row. | YellowClose supervision |
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| Draft a skills-assessment cover letter and competency narrative | Produce a first-draft cover letter and competency statement from the employment evidence the lawyer has approved. | YellowClose supervision |
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| Draft a skills-assessment cover letter and Engineers Australia competency narrative | Draft a cover letter and competency statement from the approved employment evidence. Invent no project detail; assessing bodies reject unsourced generated prose. | YellowClose supervision |
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| Draft an employer-nomination and sponsored-visa cover pack | Produce first-draft nomination and visa cover letters and a comparison table of stream criteria from the employer papers. | YellowClose supervision |
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| Build a partner-visa relationship-evidence index | Sort the client's documents into financial, household, social and commitment categories and list gaps against the evidence guide the lawyer has named. | YellowClose supervision |
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| Draft representations on a character refusal or cancellation notice | Table the notice, the criminal history and the sentencing papers against the primary considerations and the other considerations in the ministerial direction the lawyer has named, with the source document and date beside each fact, and list the considerations with no evidence on the file. Extract, from the service material, the date the notice was given and the date the particulars of relevant information were given, each beside its proof of service, and set out the lodgement method the notice sets. When the lawyer has written the representations, compare the lawyer's own draft against the table and report any consideration or document it does not deal with. | RedLawyer-led | The lawyer writes the representations. Work from the ministerial direction that will be in force when the decision is made, not the one in force at the date of the notice, and check every consideration in it is answered in the lawyer's own words. Confirm the date the notice was given and the date the particulars of relevant information were given, because on a mandatory cancellation the 28 days runs from the later of the two and cannot be extended; on a s 501(1) or s 501(2) notice, get any extension in writing before the stated date passes. Diarise both dates, and check the lodgement method against the notice before sending. |
| Draft representations on a s 501 character refusal or cancellation | Tabulate the notice, the criminal-history and sentencing papers against the primary considerations and the other considerations in the operative ministerial direction the lawyer has named (Direction 110, Direction 99 revoked), and list the considerations with no evidence on the file. The tool writes no part of the representations and generates no references or declarations: no draft, no first draft, no scaffold, no suggested paragraphs. Against the representations the lawyer has written, list every assertion with no source on the file, and check the s 501(7) 12-month threshold and the notice deadline. | RedLawyer-led |
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| Structure protection or asylum claims and a country-information index | Turn the client's statement into a claims table mapped to the refugee or complementary-protection tests, and list candidate country-information sources with dates. | RedLawyer-led |
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| Draft a merits-review statement of facts and grounds | From the delegate's decision, the departmental file and the evidence index, tabulate each adverse finding against the criterion it turns on, build the visa and notification chronology with the document that proves each date, and list the findings the file does not yet answer. The lawyer writes the statement of facts and every ground: the tool drafts no part of it, suggests no wording, and writes nothing into any statutory declaration lodged with it. | RedLawyer-led | The lawyer writes the statement and the grounds, then checks their own text: every asserted fact traceable to a document in the index or to the client's confirmed instructions, every ground tied to the finding and the criterion it attacks, and nothing asserted the client has not verified, because a false or misleading statement to the Tribunal can attract PIC 4020 and a re-application bar. The lawyer also verifies the tool's chronology dates and extracted findings against the decision and notification record, and that the statement answers the Tribunal's directions and is lodged within the review period. |
| Prepare an Immigration Court or BIA filing under EOIR PM 25-40 | Extract facts and proposed authorities from the record the lawyer designates into a draft outline. | RedLawyer-led |
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| Prepare an Immigration and Protection Tribunal appeal | Reconcile the decision, the deadline and the evidence already filed. | RedLawyer-led |
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| Draft a judicial-review outline from the tribunal or department decision | Tabulate each finding in the Tribunal's or delegate's written reasons against the evidence cited for it and the criterion it was decided under, and flag claims, country information and invitations to comment that the reasons never deal with, with paragraph numbers and hearing-recording timestamps. The tool writes no part of the grounds: no draft ground, no outline, no suggested wording — the lawyer composes every ground of jurisdictional error. | RedLawyer-led | The lawyer writes each ground and then checks their own outline: that every ground is pleaded as jurisdictional error and not a re-argument of the merits, and that each paragraph and timestamp reference carried into it is accurate and read in context. The lawyer also confirms that each "not dealt with" flag is a real omission rather than a finding made elsewhere in the reasons, that the s 477 or s 477A time limit is met, and that they can sign the s 486I certificate that the litigation has a reasonable prospect of success. |
| Draft a judicial-review outline for the Federal Court or FCFCOA | Tabulate each finding in the reasons against the evidence cited for it, and, from the ART decision date, schedule the 35-day s 477 limit and any s 477(2) extension. The tool writes no part of the judicial-review outline: no draft ground, no first draft, no skeleton, no suggested wording. Check the lawyer’s own outline against the Federal Court or FCFCOA filing requirements and the current migration practice note. | RedLawyer-led |
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| Check an immigration judicial-review brief the same way you would any federal brief | Build a citation and administrative-record pin-cite list from the draft. | RedLawyer-led |
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| Build a visa-condition and bridging or interim-visa checklist | Extract the conditions from the grant notice into a plain-language checklist, and list bridging or interim-visa options the lawyer has named with missing facts marked. | YellowClose supervision |
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| Build a status chronology for a person who may be out of status | From the visa history papers, produce a chronology of grants, expiries and movements, with gaps where the record is missing. | YellowClose supervision |
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| Build a student-visa compliance and genuine-study checklist | From the enrolment and visa papers, list course, attendance, work-hour and genuine-study facts still needed, with document references. | YellowClose supervision |
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| Draft a plain-language status letter from the grant or request notice | Turn the grant notice, request-for-information or hearing notice into a plain-language client letter with dates and required actions listed. | YellowClose supervision |
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| Draft a filing cover letter and exhibit list | Produce a cover letter and a numbered exhibit list from the approved evidence pack, matching each item to a criterion. | YellowClose supervision |
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| Draft a client declaration or interview-question list from the facts | The tool writes no part of the client’s declaration — no draft, no first draft, no scaffold, no suggested paragraphs — because the declaration records the client’s own account and the client declares it to be true. From the approved facts it may build the interview-question list and list the inconsistencies across the file, each one set beside the document it comes from. Against the declaration the lawyer has taken from the client, index the annexures and list every assertion with no source on the file. | RedLawyer-led |
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| Index country-of-origin reports with dates and publishers | From the reports the lawyer has collected, build an index by claim, date and publisher, and list claims that still have no source. | GreenLawyer review |
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| Obtain client consent before using AI in immigration assistance | Draft an advance notice and written consent form for AI use with client personal information. | GreenLawyer review | Confirm OMARA guidance (primary page) and Code obligations. |
| Verify authorities in a migration submission before lodging | Check each cited case and provision. | RedLawyer-led | WA lawyer referred after Claude-generated fake citations. |
| Comply with OMARA AI expectations for registered agents | Map practice to OMARA AI guidance. | YellowClose supervision | Agent verifies every authority personally. |
| Prepare ART migration submissions with AI disclosure | Follow ART PD on Gen AI. | YellowClose supervision | Disclose and verify. |
| Summarise country-information reports for a protection claim | Summarise with page pinpoints. | YellowClose supervision | Check against the source. |
| Translate client documents with AI and certify | Use AI translation then human-certified review. | YellowClose supervision | Department requires accredited translation. |
| Verify citations in migration judicial review submissions | Check every authority exists and supports the proposition. | YellowClose supervision | Lawyer signs off; the FedCFamC2G AI cases apply. |
| Summarise a Tribunal decision record for review grounds | Extract findings and reasoning. | YellowClose supervision | Lawyer identifies jurisdictional error. |
| Translate client documents for internal use | Produce working translations. | YellowClose supervision | Use an accredited translation for lodgement. |
| Complete Form 80 personal particulars from the client's passport and travel history | Place passport and travel details onto Form 80 after written consent to use the tool. | YellowClose supervision | Get written consent before personal details go into a tool. Match every answer to a client document. |
| Draft a partner-visa submission that cites criteria in the Migration Regulations 1994 | Draft the submission from the client's instructions and the criteria the lawyer has opened in the Regulations. | YellowClose supervision | Open the Migration Regulations compilation and confirm each criterion. Get written consent before personal details go into a tool. |
| Draft a visitor-visa covering letter from the client's instructions | Draft the letter from the instructions only. | YellowClose supervision | Delete any travel or purpose the client did not state. Get written consent first. |
| Mark passages in a draft visa submission that would be immigration assistance under the Migration Act 1958 | Highlight passages for the lawyer. Do not decide whether an offence is committed. | RedLawyer-led | The lawyer reads section 280 and decides whether a passage is immigration assistance. |
| Draft the advance explanation and written consent before Form 80 answers are entered into an AI tool | Draft the explanation that an artificial intelligence tool will be used on Form 80, for the client to sign. | YellowClose supervision | The explanation must match what the tool will actually receive. Do not enter the Form 80 answers before the consent is signed. |
| Prepare a file note of Migration Act 1958 section 280 before a staff member uses an AI draft of a visa letter | Quote the section from the legislation compilation. Do not paraphrase the offence. | RedLawyer-led | The lawyer reads section 280 on the Federal Register and writes the file note. |
Firm-wide obligations
| Obligation | What it covers |
|---|---|
| Trust accounting & handling client money | Checks that apply across files. |
| Costs, billing & litigation funding | Checks that apply across files. |
| Client-facing & access-to-justice AI tools | Checks that apply across files. |
| Incoming evidence — deepfakes & synthetic documents | Checks that apply across files. |
| AI decision systems | Checks that apply across files. |
| Confidentiality & client information | Checks that apply across files. |
| AML/CTF — the practice as a reporting entity | Checks that apply across files. |
What changes in Australia
| Topic | What changes |
|---|---|
| Legal sources | Migration Act 1958 (Cth) and its subordinate instruments, administered by the Department of Home Affairs. Instruments change often and without notice. |
| Review bodies | The Administrative Review Tribunal (which replaced the AAT on 14 October 2024), the Federal Circuit and Family Court and the Federal Court. |
| No second chance | Errors cannot be fixed once an application is lodged, a time limit passes or a character cancellation is actioned. |
| Invented citations | In JNE24 v Minister [2025] FedCFamC2G 1314 and Valu v Minister (No 2) [2025] FedCFamC2G 95, invented migration citations led to personal costs orders and conduct referrals. |
| Limits on AI assistance |
|
What changes in New Zealand
| Topic | What changes |
|---|---|
| Governing law | Immigration Act 2009 and INZ operational instructions. No visa subclasses 189, 482 or 866. |
| Appeals | The Immigration and Protection Tribunal hears residence, refugee and protection, and deportation appeals. It is listed in the Courts of New Zealand GenAI guidelines. |
| Judicial review | In the High Court, not the ART or the Federal Circuit and Family Court. Character cancellation is not Migration Act s 501. |
| Limits on AI assistance |
|
- Immigration Act 2009 · 2026-09-23
- Immigration New Zealand: immigration law · 2026-09-23
- Ministry of Justice: Immigration and Protection Tribunal · 2026-09-23
- Courts of New Zealand: GenAI guidelines — Lawyers (7 December 2023) · 2026-09-23
What changes in United States
Known here as: Immigration and nationality
| Topic | What changes |
|---|---|
| What changes | Federal: the INA, DHS/USCIS and EOIR. |
| EOIR PM 25-40 | 8 August 2025: no blanket ban and no mandatory AI disclosure in Immigration Court or BIA filings. Individual adjudicators may adopt standing orders. |
| Discipline | False AI content risks discipline, including 8 C.F.R. § 1003.102(c). PM 25-40 points to Formal Opinion 512, including client consultation on AI use. |
| Limits on AI assistance |
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Precedents for this area
- Form 956: appointment of a registered migration agent, legal practitioner or exempt person (completion guide) (Form, AI use Yellow). Link to the Department of Home Affairs' current Form 956, with a guide to who may use it, one form per matter, authorised recipient choices, ending an appointment, and the separate Tribunal notifications.
- Application to the Administrative Review Tribunal for review of a migration decision (forms M1, M2, R1): guide (Form, AI use Red). Link to the ART's current migration and refugee review forms and online lodgement, with a guide to strict time limits, required information, fees, representation forms, expedition, evidence translation and the ART's Generative AI Practice Direction.
- Response to an invitation to comment on adverse information (Migration Act s 57) (Letter, AI use Yellow). Original letter responding to a section 57 invitation, addressing each item of adverse information with evidence, dealing with PIC 4020 risks and any request for more time, and keeping every factual assertion tied to client-verified evidence.
- Representations on a character notice under section 501 or a revocation request under section 501CA (Direction no. 123) (Letter, AI use Red). Original structure for written representations responding to a notice of intention to consider refusal or cancellation under s 501, or seeking revocation of a mandatory cancellation under s 501CA, organised around Direction no. 123 (from 31 October 2026).
- Client services agreement and costs disclosure for immigration assistance (with AI-use clause) (Agreement, AI use Yellow). Original services agreement for immigration assistance in two variants (registered migration agent under the Code of Conduct; Australian legal practitioner under the Uniform Law), with scope, fees, client money, documents, termination and a consent-based AI-use clause.
- Client notice: AI translation and AI-drafted statements in visa applications (Notice, AI use Yellow). Original plain-language notice explaining why machine translation is not accepted as a translation of evidence, why personal statements must be in the client's own words, the risks under PIC 4020, and the client's consent choices for AI use.
All precedents for Immigration & Migration Law. Signed-in accounts can read the full text.