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1. Before you start
Before you complete this form, it is important that you have with you all of the information and the documents that you will need. There is a section at the end where you can upload your supporting documents. You will need the following:
- The dates that the Department and then IAA/AAT refused your visa;
- A copy of your IAA or AAT decision that can be uploaded;
- If you have lodged your application with the Court:
- Your Court Reference number (eg. ADG123/2020);
- Copies of your Application for Judicial Review and your supporting affidavit that can be uploaded.
- If you have copies of the audio of your visa interviews, copies of the audio files that can be uploaded. If you do not have these documents, please complete the Department’s Form 424A and upload it, along with a certified copy of your identity documents which will allow us to obtain copies from the Department on your behalf.
We would also encourage you to consider our information pack with provides further information about your application to JusticeNet and the judicial review proceedings before you start.
Terms and Conditions
Please read and accept the following Terms and Conditions before proceeding (scroll down to see full terms and conditions)
This form is for Refugee or Asylum Seekers to apply to JusticeNet for pro bono (free) legal assistance with migration judicial review proceedings.
The following terms and conditions apply:
Once you apply, your application will be assessed against JusticeNet’s eligibility criteria using the following process:
Step 1 – Advice: We will ask a lawyer to look at your decision and supporting documents and tell us if there is a basis for making an application for judicial review. If the lawyer’s advice is that an application for judicial review would not have a reasonable chance of success, then your application will not proceed to the next stage and JusticeNet will not be able help you.
Step 2 – Representation: If the lawyer’s advice is that an application for judicial review would have a reasonable chance of success, then we will try to find you a lawyer to represent you in court,
- The assessment of your application may take at least 3 months or longer. The time it takes will depend on:
- Whether we have all of the relevant materials for assessing your case.
- The availability of lawyers to help.
- JusticeNet and its staff cannot do the following:
- Act as your lawyer or represent you in your court proceedings. This includes at the first Court date. Until we have finalised our assessment, you will need to represent yourself.
- We will not assist in the drafting of your court documents, including your application for judicial review. You will have to arrange this yourself. Please see our information pack for guidance.
- As we rely on the availability of lawyers to help for free, JusticeNet cannot guarantee that we can provide you with assistance even if you are eligible.
- JusticeNet may cease or suspend our assessment of your application and/or a referral to a lawyer at our absolute discretion.
- During the course of your application to us, you must tell us if there is any change in your contact details (including phone number, postal address, home address or email).
- After your file is closed it will be held for 7 years after which time it will be destroyed.
Confidentiality and Privacy
- All information provided by you to JusticeNet will be kept confidential, subject to such disclosure as may be necessary for the purposes of assessing and referring your matter to a lawyer.
- In applying to JusticeNet you consent and authorise us to do the following:
- request, transfer and receive personal or financial information or documentation in relation to you for the purposes of assessing your eligibility for assistance, providing assistance and obtaining feedback about the progress or outcome of a legal matter for which you have been referred for legal assistance, without waiving legal professional privilege;
- discuss your case with, and disclose any personal or financial information or documentation to any lawyer, barrister or organisation for the purpose of assessing your eligibility for assistance and providing assistance; and
- use your personal information anonymously to compile statistical data for the purpose of evaluating JusticeNet services.
- The assessment of your application by JusticeNet is free.
- If successful, JusticeNet will refer your matter to a lawyer on a pro bono (free) basis. However:
- In some cases your lawyer may reserve the right to charge you fees in certain circumstances. This can only occur by agreement between you and your lawyer.
- You are responsible for any out-of-pocket expenses (disbursements) that arise during your matter (such as court hearing fees or interpreter costs). These costs are your responsibility and are not covered by JusticeNet or your lawyer.
- If your matter is in the Court and you lose your case, the Court may order that you pay the other party’s legal costs. These costs are your responsibility and are not covered by JusticeNet or your lawyer.
By proceeding with this form you acknowledge and accept the terms and conditions stated above.