Evidentiary Building Explained: Working with an Immigration Lawyer

So, you have decided to move forward with the process to seek professional help for your visa matter, then a cost agreement comes in hand, and you may wonder what an Evidentiary Building is: is it necessary, or am I being charged more, just because?

Why is Strong Evidence So Important for a Visa Application?

Visa applications are primarily based on whether the applicant meets the visa requirements and criteria, which is then supported by the information and documentation provided. The Department of Home Affairs (DoHA) and the Administrative Review Tribunal (ART) rely on concrete evidence to verify claims and assess eligibility, to make a decision.

As an example, suppose a visa applicant has a weak or incomplete visa application. In that case, their visa processing time may lead to delays, requests for additional information from DoHA, or even a visa refusal. Therefore, it is recommended that applicants build their evidence to meet these requirements for a more favourable visa result.

What is Evidentiary Building? The Role of Your Immigration Lawyer

While you (the applicant) are responsible for gathering the evidence, an immigration lawyer will guide you on the relevant documentation for your specific case and assist you in presenting it effectively, and that is what Evidentiary Building is!

Once you decide to engage a professional for your visa application, you will receive a tailored advice from your immigration lawyer. This advice will include areas where you will need to continue to build evidence for your specific circumstance.
Then, the immigration lawyer will explain the relevance of the supporting evidence, demonstrating why it is relevant to your visa assessment in relation to the relevant legislation.
Throughout the process, the lawyers will also guide you with processes required or that were missing for you and/or show you other sources to get the documents.
The lawyers are to structure your evidence to tell a clear and compelling narrative that supports your claims.
They will also point out areas where the evidence may be lacking and suggest additional steps to strengthen the application.

What If I’m Unable to Gather That Requested Evidence?

It is essential to collaborate with your immigration lawyer to begin gathering documents as soon as possible, as some documents may take time to obtain. Keep all documents organised and easily accessible. Double-check that all information is accurate and consistent across all documents, as we don’t want the visa to be refused under Public Interest Criteria (PIC) 4020.

If you are unable to gather one piece of evidence that your legal representative requested, communicate with them, so the lawyers can work and guide you to a different way to build your case.

How Can Agape Henry Crux Help

It is important to understand the different scopes of services before engaging an immigration lawyer for your visa application. Speak with an immigration lawyer for tailored advice to meet your visa goals. If you have any complex visa matters, consider consulting with one of our two Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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