Both Jeevan Kumar (MARN 2418470) and Zixuan Owen Yang (MARN 1808753) handle complex migration legal matters at this practice. Here is what we cover.
Health Waivers
Australia's health requirement applies to most visa classes. Where an applicant or a family member included in the application has a condition that may exceed the community health cost threshold, a waiver can sometimes be granted.
A strong waiver submission includes detailed specialist medical reports, an independent cost estimate for treatment in Australia, evidence of private health insurance, and a welfare impact statement addressing the interests of any Australian citizen children. The Department weighs all of this against the benefit to Australia of granting the visa.
Health Waivers →Character Waivers (Section 501)
Section 501 of the Migration Act allows the Department to refuse or cancel a visa on character grounds — including criminal history, past conduct, and association with criminal groups. Since 2014, mandatory cancellation applies where a visa holder has been sentenced to 12 months or more.
Where representations are required — against a proposed cancellation, or in support of revocation — the quality of those submissions matters enormously. We prepare detailed character submissions covering the offending, rehabilitation, family ties, and the impact of removal.
Character Waivers →Notice of Intention to Refuse (NOI)
An NOI means the Department has identified a specific concern and is giving you a chance to address it before the final decision. This is not a refusal — but ignoring it, or responding without properly addressing the specific concern, usually produces the same outcome.
We read the NOI, identify the precise legal criterion being applied, advise on what evidence addresses it, and draft a response. We've prepared NOI responses across all major visa types.
NOI Response →Schedule 3 Waivers
Schedule 3 of the Migration Regulations imposes additional criteria on certain onshore applicants — particularly those applying for partner visas who are not holding a substantive visa at the time. A waiver is available in some cases where compelling reasons exist, but the threshold is not easy to meet without careful preparation.
Schedule 3 →S57 Natural Justice
Section 57 of the Migration Act requires the Department to give you an opportunity to respond to adverse information before refusing your visa. Your response to an s.57 letter can change the outcome — but only if it directly addresses what the Department has identified as the problem.
S57 Natural Justice →Section 48 Bar
Section 48 prevents certain applicants who have had a visa refused in Australia from lodging most further applications while remaining in the country. The exceptions are limited, and what you can apply for depends on your specific circumstances. Getting this wrong wastes time and fees — and in some cases locks you into a worse position.
Section 48 →Condition 8503 Waivers
Condition 8503 — the "no further stay" condition — prevents the holder from applying for most visas while in Australia. A waiver is available where compelling and compassionate circumstances have arisen after the visa was granted. The distinction between before and after grant matters legally.
Condition 8503 →Labour Agreement Visas
Labour agreements let employers sponsor workers under different terms than standard visa streams — for occupations not on the published lists, or with different salary and English thresholds. We assist both employers setting up or accessing agreements and workers navigating labour agreement nominations.
Labour Agreements →Business Sponsorships
Before an employer can nominate an overseas worker, they need Standard Business Sponsor approval. The approval comes with a set of ongoing obligations — salary rate requirements, record-keeping, notification events, and the SAF levy. Breaching those obligations can result in fines or a bar on future sponsoring.
Business Sponsorship →ART Reviews
The Administrative Review Tribunal provides merits review of most onshore visa refusals and cancellations. This means it reviews the decision independently — not just whether the Department made a legal error, but whether the right outcome was reached. Review applications must be lodged quickly, typically within 21 days of the refusal.