When facing immigration challenges in Australia, many individuals turn to migration agents for professional guidance. However, when those challenges escalate into legal proceedings, a common question arises: Can a migration agent represent me in court? The answer is both simple and nuanced—while migration agents play an essential role in the immigration visa process, their authority is limited when it comes to court representation.

Can a Migration Agent Represent Me in Court?

Here’s a detailed look at what migration agents can legally do, where their authority ends, and when court representation requires a qualified lawyer instead.

What is a Migration Agent?

A migration agent is a professional registered with the Office of the Migration Agents Registration Authority (OMARA) in Australia. They are licensed to provide immigration advice and assistance, including:

• Helping you understand visa requirements
• Preparing and lodging visa applications
• Communicating with the Department of Home Affairs on your behalf
• Assisting in the preparation of submissions to the Administrative Appeals Tribunal (AAT)

To operate legally, they must meet certain educational and ethical standards and be registered with OMARA.

What Are Migration Agents Not Allowed to Do?

Despite their expertise, migration agents cannot:

• Appear in Australian courts (such as the Federal Circuit and Family Court or the High Court)
• Provide legal representation in court hearings.
• Offer legal advice on matters beyond migration law, unless they are also a registered legal practitioner.

This limitation is crucial. While they can prepare submissions and guide you through appeals at the tribunal level, they are not authorised to represent clients in judicial review cases in courts.

When Are Court Proceedings Necessary?

Court involvement in migration matters generally happens when a visa application or tribunal decision is challenged on legal grounds. This process is called a judicial review, and it often takes place in:

• The Federal Circuit and Family Court of Australia
• The Federal Court of Australia
• The High Court of Australia

Here, the matter is no longer just about immigration policy—it involves legal errors, breaches of procedural fairness, or jurisdictional issues. In these cases, you’ll need someone who is trained and certified to practice Australian law in court.

Also, read >> Is a Migration Agent the Same as an Immigration Lawyer?

So, Who Can Represent You in Court?

Only a registered legal practitioner—that is, someone admitted to practice law in an Australian state or territory—can represent you in court. These include:

• Immigration Lawyers: Lawyers with experience or specialisation in immigration law
• Barristers: Legal professionals who are typically involved in court advocacy and complex legal argument

If your matter goes beyond the Administrative Appeals Tribunal or involves a question of law, you must engage a legal practitioner to represent you. Migration agents, unless they are also registered lawyers, are not permitted to handle these cases.

Can a Migration Agent Assist with Tribunal Appeals?

Yes, they can. Migration agents are allowed to:

• Assist with Administrative Appeals Tribunal (AAT) reviews
• Prepare and lodge submissions.
• Attend AAT hearings as a support person or advocate (but not a legal representative)

Many visa refusals and cancellations are first reviewed at the AAT, and at this stage, a skilled migration agent can be invaluable. But again, if the AAT decision is negative and you wish to appeal further in court, you will need a lawyer.

Also, read >> Can a Migration Agent Guarantee Visa Approval?

Dual-Qualified Professionals: The Best of Both Worlds

Some professionals are both registered migration agents and qualified lawyers. These individuals can:

• Guide you through visa applications and administrative reviews
• Represent you at the AA.T
• Provide legal advice on your case.
• Represent you in the Federal or High Court if needed.

If your case has potential for court action or is legally complex, seeking out such dual-qualified professionals may be beneficial.

Final Thoughts: Choose the Right Help for the Right Stage

To summarise:

Stage	Migration Agent	Lawyer
Visa Application	✅ Yes	✅ Yes
Administrative Appeals Tribunal (AAT)	✅ Yes	✅ Yes
Court Representation (Federal, High Court)	❌ No	✅ Yes

While migration agents provide critical support throughout many stages of the immigration journey, they cannot represent clients in court proceedings. If your matter escalates to a judicial review or court-level dispute, a legal practitioner must step in.

Choose the right professional for your specific needs—whether it’s a registered migration agent, an immigration lawyer, or someone qualified to handle both. Knowing the distinction could save you time, money, and, potentially, your immigration status in Australia.