Independence and high standards ensure lawyers help migrants access justice
15 October 2026
On 2 October 2026, the Law Council issued a media release in response to an address delivered by the Assistant Minister for Citizenship, Customs and Multicultural Affairs to the annual conference of the Migration Institute of Australia.
The media release emphasised that an independent legal profession is vital to ensure that everyone can understand and assert their rights under the law. It observed that lawyers are already subject to stringent professional obligations overseen by state and territory regulators — including their paramount duty to the court, and to exercise independent judgement rather than acting as a mouthpiece for their client — and that any allegations of misconduct by lawyers, including commencing a case that has no realistic prospects of success, should be referred to those bodies. The Migration Act 1958 (Cth) itself also provides consequences for lawyers who lodge meritless applications in court.
The media release also identified the need to understand the Assistant Minister's concerns in context, for example where a lawyer may simply be following processes designed by Parliament and is open with their client, the Department and the Administrative Review Tribunal in this regard.
The same day, the Law Council also wrote to the Assistant Minister setting out its concerns with his speech and expressing its readiness to engage with Government on these matters.
Last Updated on 16/10/2026