Special Cases

This article is about Immigration Policy but it is not a description of policy. In our opinion simplified descriptions of policy are dangerous. If you want to know why we think that, read “Why things go wrong ".

It is quite simply wrong to encourage applicants to believe all of their circumstances will be considered on a case by case basis. Specific policies and requirements guide officials as to whom should be approved; and persons who fall outside of those criteria will be declined.

Whenever you have firm policy guidelines, you have applicants – often quite large numbers – who “just miss”. What individuals often fail to recognise is that what is to them a once – in – a – lifetime disappointment is just another day at the office for immigration officials.

On the other hand it is also true that the powers of absolute discretion and of delegation do lie with the Minister; so exceptions and special cases are legally and practically possible.

The fact that such a possibility exists combined with the hope that is born of desperation, often leads to exploitation. A lawyer or unscrupulous adviser can offer to write to the Minister with scant chance of success and charge disproportionately large fees for doing so. It is just as easy for a local Member of Parliament, or Citizens Advice Bureaux worker to turn a distressed and tearful person into a grateful friend, by saying; “I’ll write to the Minister about it”, without explaining the hopelessness of doing so.

At Malcolm Pacific we will undertake Special Cases; and we have had some spectacular successes; but we will only do so after giving very clear advice as to the likelihood of success. We usually develop a complete strategy around special cases, often engaging in special research. We most certainly will not just “write a letter” to see what happens.

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