Senior Legal Officer - Migration & Citizenship Litigation

Job Req ID

Home Affairs - 136999

Location

ACT; NSW; NT; QLD; SA; TAS; VIC; WA 

 Employment Type

Ongoing (Permanent), Full-time 

Classification

Senior Legal Officer - $122,140.00 and $146,225.00 plus 15.4% super (part time pro-rata)

Contact Officer

Rachael Karlyl on 0473 988 422 or rachael.karlyl@homeaffairs.gov.au  

Office Arrangements

Flexible  - Flexible working arrangements can be negotiated in accordance with our Enterprise Agreement and the operational requirements of the role.
 

Applications close on 13/04/2025 at 11:59pm AEST (midnight) - Late applications will not be accepted.

About our opportunity

This process is being used to fill 4 immediate position/s. 

Applicants suitable for the role but not offered the position for the current vacancy may be placed in a merit list or pool to fill similar vacancies for up to 18 months anywhere in ACT; NSW; NT; QLD; SA; TAS; VIC; WA.
 

About our team

Group Manager Legal | Group Manager Legal | Migration & Citizenship Litigation | Litigation

Legal Group is an inclusive and diverse team, and we pride ourselves on supporting one another to deliver high quality outcomes for the portfolio Ministers and the Australian public. We work hard and celebrate our successes together as a national team.

We are one of the largest in-house public service legal practice in the Commonwealth - responsible for delivering high quality in-house legal services to the Department of Home Affairs (the Department) (including the Australian Border Force) and providing strategic legal advice and support to its Executive and Ministers. Legal Group actively manages legal risk for a variety of public sector issues, operating across six different branches with 20,000+ active matters.

The Migration and Citizenship Litigation Branch manages the Portfolio's litigation caseload of refugee, migration and citizenship matters in co-operation with outsourced legal service providers.

The Branch is responsible for:

• Awareness of the Department's interests and policy position and communicating this to external legal providers
• Developing legal strategy and arguments consistent with the Department's interests and position on specific points of law
• Communicating the implications of adverse court decisions to the Minister, and relevant policy/operational areas within the Department
• Providing legal advice and guidance to the Department and Minister regarding initiation, challenge or withdrawal from Court and Administrative Review Tribunal (Tribunal) applications
• Management and direction of litigation relating to character cancellation and refusal decisions, NZYQ affected applicants, medical transfers, removals and deportations.

Our work requires an ability to resolve complex technical legal points and build strong arguments in line with the model litigant guidelines. We are required to make bold decisions, in a fast-paced environment through a lens of whole of government impact.

Our team is made up of highly experienced immigration and administrative law professionals, lawyers that are new to the legal profession and a superstar administrative team. Our leaders lead by example, fostering an inclusive and collaborative culture, championing development, learning and excellence from each team member. 

This role will be within the newly created team within the Migration and Citizenship Litigation Branch. Our remit is to handle litigation relating to the administrative process and procedure of the newly formed Tribunal. This litigation is complex, strategic and requires senior legal officers to have high level knowledge of the notification provisions under the relevant Acts, and familiarity with legislation recently released with the establishment of the new Tribunal on 14 October 2024.

This team will build a foundational practice within the established litigation branch, which will test and set the direction for legal strategy, argument and policy relating to notification of decisions and the process of appeal at the Tribunal. We are also champions of a blended caseload where you will get a taste of all types of Migration & Citizenship litigation across wider the branch.

Please visit our website for more information about the Department of Home Affairs or Australian Border Force

Our ideal candidate

• At least 4 - 5 years post admission experience in administrative law, migration law or general litigation
• Experience with the Administrative Review Tribunal or former Tribunals that handled immigration matters (AAT / RRT / MRT) is highly desirable (but, not mandatory)
• Experience in Character proceedings in the Administrative Review Tribunal and or Federal Courts is highly desirable (but, not mandatory)
• Ability to actively manage and navigate complex legal issues (relating to migration, citizenship and tribunal legislation) with a high degree of autonomy
• Very strong written and verbal communication skills, including the ability to tailor your style and message to the intended audience (eg. Other lawyers or Minister's office)
• Capability to build, develop and maintain relationships with key internal and external stakeholders
• People that are not afraid to be accountable and personally responsible for meeting objectives and progressing work
• A growth mindset and the belief that collaboration is critical to effective practice as a great lawyer.

Duties and responsibilities

• Independently manage a blended caseload of litigation matters that are legally complex, high profile and at times, sensitive
• Confidently represent the Department's interests in collaboration with external legal providers and in consideration of legal strategy for Tribunal and Court matters
• Maintain detailed knowledge of specific legislation, case law, directions, instruments, principles and issues of relevance to the Department
• Contribute to the development, growth and mentorship of legal officers within the team, leading by example with kindness and respect
• Be bold in escalating issues, expressing your views and being accountable.

Additional information

Essential Qualifications

• A degree in law from an Australian university, or a comparable overseas degree which is recognised in Australia for admission to practice; and
• Practising Certificate or eligibility to attain one.

How to apply

Submit your application and CV through the Home Affairs’ recruitment system (ourPeople) before the closing date on 13/04/2025 at 11:59pm (midnight) AEST  – Late applications will not be accepted.

As part of your application you will be required to prepare and submit a two-page applicant response document outlining specific real-life examples addressing the ideal candidate criteria, duties and responsibilities; and, a description of how you would fit into our team.

Shortlisted candidates will be invited to conduct a work sample test at interview stage.

Applicant response documents must be a minimum 11pt font in MSWord or PDF format, include your full name and the Requisition Number – 136999 in the document footer.

Prior to preparing your response it is recommended you review the Work Level standards relevant to the classification you are applying to. It may also be useful to refer to the Integrated Leadership Systems information relevant to the classification.

Eligibility

To be eligible for the position you must be an Australian Citizen.

The successful candidate will be required to obtain and maintain a Baseline Vetting (AGSVA) security clearance, and:
 

• ABF Workers will also be required to obtain and maintain an Employment Suitability Clearance (ESC).
• Home Affairs Workers will also be required to obtain and maintain an Onboarding Check.
   

In certain circumstances, an Employment Suitability Clearance (ESC) may be required in addition to, or in lieu of, an Onboarding Check, which will be determined by the delegate as necessary.  

Diversity and inclusion

The Department is committed to workforce diversity and applicants who are Aboriginal and/or Torres Strait Islander, come from a diverse cultural or linguistic background or have a disability are encouraged to apply.

RecruitAbility applies to this vacancy. Under the RecruitAbility scheme you will be invited to participate in further assessment activity for the vacancy if you choose to apply under the scheme; declare you have a disability; and meet the minimum requirements for the job. For more information visit: https://www.apsc.gov.au/recruitability

Technical assistance

For technical enquiries please call or email for assistance:

• Email: recruitment@homeaffairs.gov.au
• Phone: 1300 793 883 (within Australia) or +61 2 6196 0444 (outside of Australia)

Please include any applicable screen captures, a response will be provided during business hours.

Notes

The Department of Home Affairs offers an attractive remuneration package, including salary, superannuation benefits and flexible working conditions appropriate to the level of the position. The Australian Public Service (APS) Employee Value Proposition (EVP) highlights the top reasons our employees enjoy working in the APS.

The Department may provide relocation assistance to eligible APS employees required to relocate. The level of assistance will vary depending on the reason for relocating and your personal circumstances. For further information please enquire with the contact officer listed in the advertisement.

Information about employment and advice on how to apply for vacancies can be obtained from the Department’s website at https://www.homeaffairs.gov.au/about-us/careers

Candidates should be aware that in roles where vaccination against COVID-19 is required by public health orders/directions or other legislation proof of vaccination will be required. If a candidate is not fully vaccinated or is unwilling to be vaccinated within a reasonable time period, they may not be offered that role.