Speaking with Lawyers Weekly, James Wardlaw, director of WLW Migration Lawyers; Dimitrios Katsaros, founder of Katsaros & Associates; and Rebecca Thomson, leader of BDO’s migration services division, explored the factors that have influenced the evolution of immigration law. They also examined the practice areas with which immigration law has become interwoven and discussed the trends anticipated to influence its future development in the coming years.

The perception of immigration law

Although immigration law is intricately connected to various broader legal domains, it is still regarded as a niche area within the legal profession.

Wardlaw emphasised that immigration law continues to be perceived as a specialised field of practice, primarily due to its intricate and ever-evolving regulatory and legislation framework.

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“Immigration law is still very much viewed as a niche area law given the complexity and constant legislative and policy changes as well as it being one of the most heavily litigated practice areas in Australia,” Wardlaw said.

“With deregulation, which no longer required solicitors to be registered migration agents to provide immigration legal services, the expectation was that more solicitors may expand their practice. However, in practice, I think those [who] attempted to dip the toe in suddenly realised the all-consuming nature of the area, and so it remains very much a niche area for the moment.”

However, Katsaros contends that immigration law has “transitioned from a niche specialty to a central and mainstream part of the legal landscape”. He supports this assertion by articulating how immigration law has become increasingly interwoven with various other legal domains, “including employment, business, commercial, and even criminal law”.

Thomson also advocates for a shift in how the profession perceives immigration law, emphasising that “the outdated view of immigration law as a niche, low-paying area of practice underestimates the critical role it plays in Australia’s legal and economic landscape”.

“This area of law demands more than just a working knowledge of its legal instruments – it requires practitioners to navigate a labyrinth of legislation, regulations, policies, and rapidly evolving case law.

“It also requires strategic thinking to align legal solutions with clients’ objectives, whether they are businesses seeking global talent or individuals pursuing pathways to citizenship,” Thomson said.

“The legal profession needs to move beyond the stereotype of immigration lawyers as ‘humanitarian’ or ‘non-commercial’ practitioners and recognise the full scope of this dynamic, high-stakes field.”

Factors contributing to immigration law’s rise

Several key factors have contributed to the driven evolution of immigration law within the context of mainstream legal practices.

Thomson articulated that as global mobility continues to rise and organisations increasingly seek skilled workers worldwide, immigration law has become an indispensable element of human resources and workforce management strategies.

“As businesses in Australia seek to attract and retain global talent, immigration law has become essential in managing workforce mobility and ensuring compliance with visa requirements,” Thomson said.

A significant aspect of the growing prominence of immigration law, as highlighted by Thomson, is that this field of law “no longer exists in isolation’; rather, it is interconnected with various critical sectors within the legal profession.

She said: “It now intersects with employment law (e.g., workplace compliance and sponsorship obligations), family law (e.g., partner visas and custody issues), and criminal law (e.g., visa implications of criminal convictions). This integration with other practice areas has elevated its importance in broader legal contexts.”

Katsaros highlighted the increasing relevance of immigration law in response to the heightened reliance on migrant labour, which plays a pivotal role in contributing to Australia’s expanding economy.

“As Australia’s economy continues to grow and adapt, migrant labour has become an essential factor in addressing persistent labour shortages. Naturally, this has elevated the importance of immigration law,” Katsaros said.

Wardlaw further disclosed that the rapid pace of policy changes has rendered immigration law more dynamic and integrated into mainstream legal practice.

He said: “Frequent changes in immigration policies and regulations require constant legal interpretation and adaptation.”

An additional factor that contributes to the mainstreaming of immigration law, as highlighted by Wardlaw, is the “growing awareness of human rights issues”. Furthermore, he noted that the “economic contributions of immigrants have underscored the importance of immigration law in supporting labour markets and economic growth”.

The integration of immigration law with other legal domains

As immigration law has progressed, it has also become increasingly more integrated with other areas of law.

Wardlaw noted that one particularly significant intersection of immigration law is with criminal law, emphasising that immigration lawyers are often engaged at the initial stages of criminal cases to offer guidance regarding the charges and to navigate the potential implications associated with them.

“Issues such as meeting the character test for visas, deportation and detention often arise when immigrants face criminal charges. Increasing immigration lawyers are being engaged at the commencement of criminal proceedings to navigate the impact of charges or sentencing,” Wardlaw said.

Thomson further highlighted that immigration law has also become closely integrated with family law, “particularly when it comes to partner visas and custody matters involving foreign nationals”.

She said: “Lawyers in family law must now consider the implications of immigration status in their cases, including issues like permanent residency or visa cancellations.”

Moreover, as Thomson discussed, the integration of immigration and employment law represents one of the most significant developments in recent years.

She said: “Immigration law is now central to corporate legal practices, particularly when advising on compliance with work visa regulations, sponsorship obligations, and the management of a global workforce. This is increasingly vital for businesses to avoid penalties and maintain their workforce”.

Wardlaw echoed these observations by indicating that “employer-sponsored visas, labour rights, and employer compliance with immigration regulations are critical areas where immigration and employment law overlap”.

The future of immigration law

Looking ahead, immigration law is poised to continue undergoing significant transformations driven by emerging trends and growing challenges.

Wardlaw underscored the pivotal role of technology as a primary catalyst for the evolution of immigration law, stating: “Technology will play a significant role in streamlining immigration processes and improving access to legal services as all countries shift away from traditional paper applications to online platforms even to the use of AI in the assessment of applications.”

He also added that “political changes and policy reforms will continue to shape the landscape of immigration law”.

Thomson highlighted that the government’s increasing emphasis on compliance will be a critical factor in shaping the demand for immigration law services, particularly regarding employers’ obligations.

“The government’s growing focus on compliance, particularly in relation to employer obligations (e.g., preventing wage theft, ensuring visa conditions are met), will create ongoing demand for immigration lawyers to help businesses mitigate risks and ensure adherence to regulations,” Thomson said.

“As businesses and individuals face increasing legal and regulatory complexities, immigration law will become even more intertwined with areas like employment, family, and criminal law. Lawyers in other practice areas will need to become more knowledgeable about immigration matters.”

Katsaros further said: “Immigration law will remain a rapidly evolving field, requiring lawyers to adapt quickly and remain ahead of legislative changes to provide clients with effective and reliable guidance.”