# Immigration assistance

> act-s276 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

276 Immigration assistance
          (1) For the purposes of this Part, a person gives immigration
              assistance if the person uses, or purports to use, knowledge of, or
              experience in, migration procedure to assist a visa applicant or
              cancellation review applicant by:
                (a) preparing, or helping to prepare, the visa application or
                    cancellation review application; or
               (b) advising the visa applicant or cancellation review applicant
                    about the visa application or cancellation review application;
                    or










                 (c) preparing for proceedings before a court or the ART in
                     relation to the visa application or cancellation review
                     application; or
                 (d) representing the visa applicant or cancellation review
                     applicant in proceedings before a court or the ART in relation
                     to the visa application or cancellation review application.
          (2) For the purposes of this Part, a person also gives immigration
              assistance if the person uses, or purports to use, knowledge of, or
              experience in, migration procedure to assist another person by:
                (a) preparing, or helping to prepare, a document indicating that
                    the other person nominates or sponsors a visa applicant for
                    the purposes of the regulations; or
               (b) advising the other person about nominating or sponsoring a
                    visa applicant for the purposes of the regulations; or
                (c) representing the other person in proceedings before a court or
                    the ART that relate to the visa for which the other person was
                    nominating or sponsoring a visa applicant (or seeking to
                    nominate or sponsor a visa applicant) for the purposes of the
                    regulations.
        (2A) For the purposes of this Part, a person also gives immigration
             assistance if the person uses, or purports to use, knowledge of, or
             experience in, migration procedure to assist another person by:
               (a) preparing, or helping to prepare, a request to the Minister to
                   exercise his or her power under section 351 or 501J in
                   respect of a decision (whether or not the decision relates to
                   the other person); or
              (aa) preparing, or helping to prepare, a request to the Minister to
                   exercise a power under section 195A, 197AB or 197AD
                   (whether or not the exercise of the power would relate to the
                   other person); or
               (b) advising the other person about making a request referred to
                   in paragraph (a) or (aa).
        (2B) For the purposes of this Part, a person also gives immigration
             assistance if the person uses, or purports to use, knowledge of, or
             experience in, migration procedure to assist another person by:








                 (a) preparing, or helping to prepare, a representation to the
                     Minister to exercise the Minister’s power:
                       (i) under subsection 501C(4) to revoke a decision to refuse
                           to grant, or to cancel, a visa (whether or not the decision
                           relates to the other person); or
                      (ii) under subsection 501CA(4) to revoke a decision to
                           cancel a visa (whether or not the decision relates to the
                           other person); or
                 (b) advising the other person about making a representation
                     mentioned in paragraph (a).
               Note:      Sections 501C and 501CA provide for the revocation of decisions to
                          refuse or cancel visas on character grounds.

          (3) Despite subsections (1), (2), (2A) and (2B), a person does not give
              immigration assistance if he or she merely:
                (a) does clerical work to prepare (or help prepare) an application
                    or other document; or
               (b) provides translation or interpretation services to help prepare
                    an application or other document; or
                (c) advises another person that the other person must apply for a
                    visa; or
               (d) passes on to another person information produced by a third
                    person, without giving substantial comment on or
                    explanation of the information.
          (4) A person also does not give immigration assistance in the
              circumstances prescribed by the regulations.
