As an interpreter, I am often called upon to provide language support in the Federal Court of Australia. Time and again, I witness applicants stepping into courtrooms without a clear idea of what they are doing or what to expect from the process.
Who Are the Applicants?
Many applicants I interpret for are seeking refugee or protection visas in Australia after being refused by the Administrative Review Tribunal (recently updated in name). Others apply for different types of visas, such as student visas.
In Federal Court settings—especially during direction hearings or call-over hearings—it is common for multiple applicants to be listed in the same session. This ensures that even if some applicants do not appear, interpreting services remain effectively engaged. These hearings may involve several languages, depending on who is appearing.
For example, I have worked alongside Hindi and Bengali interpreters in such hearings, with the judicial registrar deciding which language stream will be dealt with first.
In the Mandarin stream, applicants I interpret for usually come from China, Taiwan, and Malaysia:
- Chinese applicants often cite political or religious persecution.
- Malaysian applicants frequently raise issues of ethnic prejudice or sexual orientation.
- Taiwanese applicants more often face problems related to student visas or other visa categories.
The Scammer Problem
What continues to shock me is how many applicants are misled into working with unqualified “lawyers.” Because they may have limited English proficiency—or may not be literate in English at all—they are vulnerable to being taken advantage of.
Here’s what I’ve observed:
- The so-called “lawyer” fills out tribunal and court documents for the applicant, but they are not admitted solicitors and cannot represent the applicant in court.
- The solicitor details section on the application remains blank.
- Sometimes, I interpret for 7–8 applicants in a row, only to discover several were all “assisted” by the same fake lawyer.
- The applications often look identical—whole paragraphs copied and pasted from one template.
It is unclear how much money the applicant is paying for these services, but the consequences can be devastating.
Judicial registrars regularly warn applicants that the “lawyer” they engaged may not be legitimate and advise them to seek qualified legal support.
In reality, most of these scammers masquerade as education or migration agents and misrepresent their authority. In more than a hundred cases I’ve interpreted, I have never once seen such a “lawyer” appear in court.
Sometimes, registrars even try to call them during hearings by dialling a number obtained from the applicant —unsurprisingly, no one ever answers.
These individuals often act as go-betweens, controlling communication between the applicant and the court. They receive official correspondence, take screenshots, and forward them to the applicant. Shockingly, many applicants don’t even know their “lawyer’s” full name or phone number, relying only on social media to communicate.
Because the “lawyer” lists their own contact details on the applicant’s court form, if the applicant stops paying them or withdraws from their services, they may no longer receive court notices. This gives scammers leverage to pressure the applicant into continuing payments.
The risks are serious:
- You may miss court correspondence.
- Your application can be dismissed.
- You may even be ordered to pay the Minister’s legal costs.
With limited English, the applicant is often linguistically deaf and blind in the legal system. Without filing a Notice of Address for Service (or equivalent) to update their contact details, they risk losing their case entirely.
How to Protect Yourself
If you believe the Administrative Review Tribunal made a jurisdictional error but cannot afford a qualified lawyer:
- Check their qualification. Avoid hiring a fake lawyer. You may be better off filling out the Federal Court forms yourself, using translation tools and the help of a trusted friend. Many fake lawyers cannot even identify the true reasons for your refusal, let alone prepare legal submissions. You may as well save your money for something more meaningful.
- How to identify fake lawyers:
Like interpreters and translators, legal practitioners in Australia are strictly regulated. At minimum, you should:- Ask for their full name and contact details. If they only use Gmail/Hotmail or lack a professional website, be cautious.
- Verify their name on the directory of the Law Society in your state or territory. Real lawyers are registered.
- Ask directly: “Can you represent me in a hearing?” If they dodge the question or say you don’t need representation, this is a red flag.
- If possible, bring a trusted friend with you when meeting them. If they refuse to give you their name or representation, it is almost a clear giveaway that they are scammers.
- Seek help from legitimate NGOs. If your case has a reasonable chance of success (particularly for refugee or protection visas), NGOs may be able to assess your situation and provide pro bono (free) legal representation.
Do You Need a Lawyer at the First Hearing?
This is entirely up to the applicant.
However, I rarely encounter any legal representation for the applicant at their initial direction hearing or call-over.
Here is what usually happens:
- The judicial registrar explains the Federal Court’s role and the concept of jurisdictional error.
- You are given a timetable—deadlines to submit amended applications, written submissions, and evidence.
- You may be asked to update your contact details and shown how to do it.
- If you are representing minor children, you may be asked to give consent to act as their litigation guardian.
At this stage, there is no room for legal argument. Even the Minister’s lawyer only clarifies the orders sought by the Minister (for the Department of Home Affairs). Most importantly, a court-appointed interpreter will be there to assist the applicant every step of the way, ensuring that they understand and can double-check anything they are unsure of.
If your finances are limited, it is smarter to save your money for later hearings, and your lawyer can give you advice on this, such as:
- Summary judgment hearings
- Extension of time hearings
- Final hearings
- Reinstatement hearings
These are the proceedings where proper legal representation truly makes a difference.
✅ Key Takeaway: Be cautious. If you are an applicant in the Federal Court, know that scammers target your vulnerability. Verify who you are dealing with, and seek help from legitimate NGOs if you cannot afford a lawyer.
#MigrationMatters #FederalCourt #RefugeeVisa #StudentVisa #LegalInterpreting #NAATI #AustraliaMigration #LegalScams #JudicialReview #FederalCourt #VisaRefusal #AustraliaImmigration #RefugeeVisa #ProtectionVisa #VisaAppeal #LegalAid #CourtInterpreter #NAATI #ImmigrationAustralia #StudentVisa #RefugeeSupport #MigrationLaw #ScamAlert #ProBono
BL Translations 