Barristers participating in the Migration Referral Panel will receive approximately 2 – 4 requests each week for pro bono assistance.

Provided a client is eligible for assistance, a LawRight staff member will send a de-identified email to the Panel outlining a brief history of the client’s circumstances, including their journey to Australia, protection claims, immigration and litigation history and the status of the matter currently before the Federal Circuit Court or Federal Court. In the majority of cases, the client will already have proceedings on foot; however, if they have not yet commenced we will note this in the referral email, alongside the relevant limitation date.

All initial requests for assistance, will be for a member to provide a brief written or oral advice on prospects to LawRight. At this stage, there is no direct retainer with the client. Upon a referral being accepted, LawRight solicitors would prepare and provide to counsel a simplified brief of materials.

Before being referred to counsel, each client will have attended an appointment with our volunteer or staff lawyers to discuss the underlying decision and obtain detailed instructions, particularly about potential errors related to factual matters or grounds that have been identified by the service. The priority during the appointment is to focus on possible errors related to the factual matters which are in the client’s knowledge, rather than possible legal errors. These instructions will be included in the brief to counsel.

If counsel requires additional instructions or would like further documents, LawRight staff can obtain this and provide it to counsel. If counsel would prefer to talk to the client directly, we can also arrange this. A LawRight staff member would also attend this conference with the client and can assist with note taking or provide other support.

Once an opinion has been provided, LawRight staff will arrange a conference with the client to explain the opinion and its consequences to the client. The barrister is not required to attend this conference, and LawRight will not provide the barrister’s name or their opinion directly to the client. From the client’s perspective, this advice comes from LawRight and there is no direct retainer between the barrister and the client.

If the opinion from counsel is that the matter has no prospects of success, LawRight solicitors will only provide further assistance to clients to discontinue their proceedings; however, if the client does not wish to discontinue, no further assistance is offered by LawRight.

If the opinion from counsel is that the matter has prospects of success, subject to capacity, counsel would be given the option to provide further assistance, including to prepare an amended application detailing the grounds of review, and to represent the client. LawRight solicitors would try to arrange for a member firm to act pro bono as instructing solicitors.

To sign up for the Migration Referral Panel please click the link below.

If you have any other questions please contact us.

Clare Carter
Senior Lawyer | Migration Law Service
07 3518 7508
clare.carter@lawright.org.au