Why Immigration Lawyers Cannot Guarantee Visa Outcomes?
When embarking on a complex journey of applying for an Australian visa, it is natural to seek certainty and reassurance. Many applicants hope their immigration lawyer can offer a guarantee of success. However, any reputable immigration lawyer will tell you that they cannot guarantee visa outcomes.
The Immutable Truth: No Guarantees in Immigration Law
Immigration lawyers work within a legal framework governed by legislation, regulations, and departmental policies. While their expertise increases your chances for a favourable result, the final decision rests solely with the Department of Home Affairs (DoHA) or relevant tribunals.
What Are the Key Reasons That Guarantees Are Impossible?
Discretionary Power of the Department
Many aspects of a visa decision-making involve discretionary powers vested in the Minister of Immigration and their delegates (case officers). Even if an applicant meets all objective criteria, a case officer might exercise discretion in a way that leads to refusal, especially in areas like character or public interest criteria (PICs).
Criteria like “genuine temporary entrant” (GTE) for temporary visas, “genuine relationship” for partner visas, or “good character” are subject to the case officer’s subjective assessment of the evidence presented.
Factors Beyond Control
Immigration laws and policies can change at any time, even while an application is being processed. New Ministerial Directions, updated skills lists, or changes to the income threshold can alter eligibility criteria without prior notice.
An applicant’s personal circumstances (e.g., relationship breakdown, new criminal charges, health issues) can change after lodgement, impacting the eligibility.
In rare circumstances, the Department may make administrative errors, leading to unforeseen complications.
Immigration Lawyers Have No Influence Over Decision-Makers
Immigration lawyers, though experts, have no personal influence over DoHA case officers, tribunal members, or the Minister. Their role is to present the strongest possible case within the legal framework, not to dictate the decision.
Any suggestion of “insider influence” should be viewed with extreme scepticism.
High Stakes and Integrity Measures
The Australian immigration system is designed to protect national interests, including border security, public health, and the integrity of the visa program. This means strict checks, especially under criteria like PIC 4020 for false information or Section 501 for meeting character requirements.
Even seemingly minor oversights or unintended errors can significantly impact your visa outcome. Engaging an experienced immigration lawyer helps minimise these risks and ensures your application is presented as strongly as possible.
What Can a Reputable Immigration Lawyer Commit?
While they cannot promise an outcome, a good immigration lawyer can commit:
To provide accurate, up-to-date legal advice tailored to your specific situation.
To meticulously prepare your application, ensuring all forms are correctly completed, and all necessary, compelling evidence is submitted.
To build the strongest possible legal arguments and represent your interests effectively before DoHA or tribunals.
To give you an honest assessment of your chances of success, highlighting potential risks and challenges.
To adhere to strict ethical and professional standards, act in your best interest.
Protect Yourself from False Promises!
Be wary of anyone who offers a “100% guarantee” or promises a specific outcome in immigration matters. Such claims are misleading and often unethical. Always choose a lawyer based on their experience and transparent communication.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Do I Need a Migration Agent or an Immigration Lawyer? Understanding the Difference
Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence
Decoding "Complex Visa Case": What It Means and Why It Matters
How Can Agape Henry Crux Assist
The journey towards an Australian visa is filled with variables. While an immigration lawyer is an invaluable guide, they cannot control every factor that influences a visa decision. The final outcome remains with the Australian Government. Consider speaking with one of our immigration lawyers at Agape Henry Crux for your visa application. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, as they specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. We can also help you arrange an interpreter if this isn't your language.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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