Statutory Declarations




Check List Using The Regulations As A Template eg - Spouse Visa

Get Enough Sleep

Visa Application And Associated Costs

Preserving Records

Record Keeping And Management - How Long Do Documents Have To Be Kept?

Initial Requirements Regarding Accepting A Retainer

Failure Of Proper File Management Can Lead To Suspension As A Migration Agent


Confidentiality & Notifying The Client Of Complaint Procedure

Give Your Client A Copy Of Everything

Give Your Client The Bad News Immediately

Take Care While On Holidays

Clients & English

Check Special Requirements For Offshore Visas With The Embassy's Or Consulate's Website

Don't Accept Immigration's Assertion That Decisions Have Been Made Properly

Have No Fear Of Appeals

Never Advise Your Client To Make Life Changing Decisions Prior To The Grant Of A Visa & Trust Your Instincts

Before You Set The Fee With Your Client And Before You File A Visa Application

Oral Instructions

What Can Go Wrong If You Don't Record Your Mail Properly

Application Fee For A Visa



Prepare Your Client For The Oath

Client Dress

Policy VS Law

Ideas For Chronologies For Client Files

Immigration Goes Into Hibernation On 30 June Each Year

Australia Closes Down Between Christmas & New Year

Have An Industrial Strength Office Set Up At The Office And At Home

What Is A Permanent Residence Visa?

Note Taking

Translating Documents

General Issues

Practice Together Or Practice In Groups

Time Limits

A Proper Email Account And Email Management

Undercharging And Undercutting On Fees

Tourist Visas

Positioning And Pathways And Fees (Putting All One's Eggs In One Basket)

Email & Fax Communication & Errors With Credit Cards Emerge As Troubling Issues

Preparing A Client For Merit Review Hearings Or Interviews With DIBP

Accountants And Migration Law


Berenguel - Sometimes Time Of Application Criteria Can Be Met At Time Of Decision

Bare Faced Liars & The Fraudsters

Everyone's Doing It

Bridging Visas

Visas Remain Current Until Midnight

Immigration Closes At 4pm

Looking After Secondary Visa Holders In A Visa Cancellation Process

Applying As A Secondary Visa Applicant Onshore When The Primary Visa Applicant Is Offshore

Being Illegal

Essential Prerequisites For A Ministerial Discretion Application

Last Lunge Applications

State And Territory Sponsorship


Believing The Client

Follow Up

Make Peace With The Tax Office

No Obligation On Immigration To Chase Up Information Or Documents From Migration Agents Or Lawyers Representing A Client

Errors In Visa Applications

Spouse Visas - Unexplained Large Deposits of Money

Managing No. 8503 On Tourist Visas

Medical Consent

Statutory Declarations

Merit Review

Tax Deductibility of Migration Advice


Dates On Documents And Names On Documents

Breaking Up Is Hard To Do

Take A Statement

Case Management Software

Work Rights


Check All Past Visa Applications

Revealing Convictions

Visa Holders Being On Their Best Behaviour

Email Communication With Immigration - Delete All Strings

No Without Prejudice Conversations With Immigration

Accounts Managements

What Is A Secondary Visa?

Identify Australian Citizens Who Support An Applicant


Schedule 1 Criteria

Second Thing To Do On Starting A File - Download The Relevant Part Of The Law

First Thing To Do When Starting Any File - Identify Any 'Rights Destroying' Deadlines

Lodging Paper Applications

Social Media & Smart Phones


Disputes About Parentage And Children

Helping People Pass The English Tests

Managing Emails

What Is The Pomodoro Technique?

Immigration Telephones Client

When Is A Visa Application Made In Australia

Apply For A Visa In Australia

No Visa Application Is An Island

The Hammock Principle


During the preparation and compilation of a visa application, it is sometimes necessary for applicants to complete a statutory declaration verifying the truth of a certain set of facts. This may include an applicant needing to make a statutory declaration outlining his past work history or business history or third parties verifying an applicant’s de-facto relationship.

The writer advises that statutory declarations provided to the Department for immigration purposes should be made under the Statutory Declarations Act 1959 (Cth).

The format of the statutory declaration should be set out as prescribed in Schedule 1 of the Statutory. Declarations Regulations 1993. A copy of the Regulations including Schedule 1 can be found here:

Please note that for a statutory declaration to be validly made, the deponent (the person making the declaration) must sign the statutory declaration before an approved witness.

Schedule 2 of the Regulations provides a list of persons whom a statutory declaration can be made before (i.e. a list of approved witnesses).

It is also worth noting that spouse visa applicants making a non-judicial claim of family violence are required to provide statutory declarations to evidence their claim pursuant to Reg 1.24.

Reg 1.21 defines ‘statutory declaration’ as follows:

statutory declaration means a statutory declaration under the Statutory Declarations Act 1959.

Therefore for the purposes of a non-judicial claim of family violence, statutory declarations made under other jurisdictions or Act (including any State or Territory legislation made in relation to oaths or statutory declarations) may not be accepted as proper evidence of the claim.

In a particularly restrictive decision, the Federal Court in Mohamed v Minister for Immigration & Citizenship [2007] FCA 1004, 19 July 2007 found that if a state statutory declaration was used when the regulations specified a Commonwealth Statutory Declaration then the visa criteria would not be met!  This was so despite the fact there was minimal difference between the wording of the state and Commonwealth forms.

Of course if a Commonwealth Statutory Declaration is not required by regulation it may be possible to use a state declaration but good practice would suggest that in migration matters a Commonwealth Statutory Declaration be always used.

Ensure every page is signed at the bottom by both the deponent and the qualified witness.

Australian consulates and embassies throughout the world have qualified people available to witness statutory declarations. Each will charge a fee and only have specified hours as to when this is done, e.g.

Guangzhou –  come in person with valid passport/ID from 3pm to 4pm Monday to Friday. Fee is RMB 90 each.

Repeating what is said elsewhere, generally it is relevant in migration matters to know if a deponent is an Australian citizen or not (specifying if by birth or by grant, if the latter the date of grant) and the date of birth or age of the deponent is relevant.

Barbara Davidson