According to the Visa Policy of Australia, there is a need to deal with the different requirements where the foreign national wishing is mainly to enter Australia to meet and obtain a visa on a permit to travel, enter and remain the country. Visa rules are as per the Migration Act 1958 and the Migration Regulations under the instrument of Migration IMMI 17/072 Specifications of Occupations & Assessing Authorities Instrument, 2017. Every non-citizen should maintain a universal visa regime which is important for the non-citizen in Australia to enter into the country. Aysel has the liability to get the approval for stay in Australia and can get the immigration. The spouse need to sponsor for the time of two years. If the relationship is observed to be genuine and continuing, Aysel has the liability to become the permanent resident in Australia. Both the people should be legally married where it is important to be in relationship with spouse for the time of 12 months which clearly shows that the couple has a strong bond. This will help in giving the written notice with the intention to marry to the authorised celebrant in a particular frame of time. Once a couple is married, the there is a need to sign three marriage certificates. The certificates need to be signed where the celebrants and the witness (mainly two) should be there. The different instruments which are under the Migration Regulations1994, are regulation 1.03, sub regulation 1.15(1), sub regulation 2.26B (1), subitem 1137(4C) of Schedule 1; item 4 of the table in subitem of 1138(4) of schedule 1. The regulation 5.17 (a) of the Regulation focus on providing the purpose of paragraph 5(2)(b) of the Act which deals mainly about whether the person knowns the English or not. The evidence is specific based on how the instruments in writing is prescribed for the same. The instrument is made under the regulation of 5.17 of the Migration Regulations 1994. Here, the requirement of the instrument is to focus on the qualifications of the English of Asley, include the references that are in Regulation 5.17 to Part 3 of Schedule 6 which have been able to repeat the part of the implementation of skill select. The operations are also to specify the qualifications or the experience which are important for the living in Australia. The pursuant to section 18 of the Legislative Instruments Act 2003, includes the minor or the machinery nature with altering the existing arrangements. Under section 44, the instrument is exempted from any disallowance and so exempted from Human Rights Statement of Compatibility as well.
As per the announcements on 20 April 2017, the Australia Government has announced about the strengthening of the requirements mainly for becoming the Australian citizen.  Aysel can also add Mekel who is 16 years of age under the application for becoming the permanent resident of the country. Children under the 16 years of age do not require to meet any of the resident requirements. According to section 590.6 conditions, conditions 8101, 8201, 8501, 8516, 8534, 8537 and 8538 as well Aysel is Mekel parent who is a widow and have enough money to support her child. She is also more than 21 years of age; hence, she has the liability to easily stay up to the time of 5 years. So, there will be no problems as she can marry Dennis after one year, by learning and knowing him in a better manner. Even know Aysel has come on student guardianship, under the subclass 300 prospective marriage could be possible as Dennis is the resident of Australia (Section 300.211 (a)) and the parties intend to marry. The subclass (2) applies to the applicant who holds the subclass 303 (Emergency Temporary Visa Applicant) visa. It includes the satisfaction of criteria 8515, 8519, 8502, 8520.
Under the Migration Regulations 1994, the cognitive sub regulation of 2.07(5) includes the subclass items of 117 and subclass 837. This is revoked under the instrument number IMMI 11/014 (F2011L00454) which was signed on 27th April 2009. The requirements of the Orphan Relative Visa include the children who are below 18 years of age and the parent is not able to handle the child, due to death etc. It allows the child, then to live in Australia and become its permanent resident. Instrument IMMI12/116 lists the acceptable forms of the evidences which can be provided with support of a non-judicial family violence claim. The visa for the Orphan Relative will make Mekel a permanent resident of Australian and ask him to live permanently here. The responsibilities include for both the sponsor (Hassan) and child (Mekel) where for Hassan, he needs to focus on how he and his family is going to be included in the application and who are going to migrate with the child. If the visa is granted, then the sponsor should be provided with the child support which includes a proper accommodation and the better financial services from Hassan so that the child is able to meet all the reasonable needs at the time of first two years in Australia. This is set under the items 1108,1108A and 1211. The Item 1108 is the child migrant under the subclass of 101 (child), subclass 102(adoption) and subclass 117 (Orphan relative). The item 1108A is the child resident with class BT where the subclass is 802 (child) and subclass 837 (Orphan Relative). For Mekel, there is a possibility to lodge a complete application which includes the different application forms and the other supporting documentation for the different application charges. The sponsor (Hassan) should be able to lodge the application mainly on behalf of the child. Hassan, being the permanent resident in Australia has the capability to easily handle the expenses of Mekel and assures the child to take care of him in future as well. The visa requirements would only be the sponsorship where the child (Mekel) would be the orphan relative where both parents are not able to look after the child. The child is single and is also not married or in any relationship as well. There are certain limitations of the sponsorship and the best interests of the child. The sponsor or the sponsor’s spouse has a conviction for the outstanding charge for the offence against the child. The applicant will also require satisfying all the different requirements with the best interests and the possibilities of Mekel. In Australia, there is a possibility that the people under 18 years of age have the right to access with the sponsor working on assessing the applications and the best interests when related to the requirements of the child. If the sponsor Hassan, has spent the time of total 12 months or more in Australia, then Hassan has to provide with the AFP National Police Check as well where they are able to provide with all the police certificates from each country where they have spent their 12 months or more than 10 years in the last.
The other option could be Adoption Visa (Permanent) (Subclass 102) where the visa allows the child can come to Australia to live with the adopted parents. The eligibility is that the child must be adopted or in the process of adopting. The stay length, in this case, will be permanent. To hold the eligibility in this case, the adoptive parent (Hassan) will have to lodge the application on behalf of Mekel. With this visa, Hague Convention on Protection of Children and Cooperation in Respect to Intercountry Adoption (Hague Convention) or through a bilateral arrangement includes the proper arranemet with the overseas adoption which is undertaken by Australians. With this, he has the liability that the child, being younger than 18 years of age, working on the adoption or the adopted process in Australia, meet all the health and the character requirements. With Adoption visa (Subclass 102), it will let the child come to Australia to live with Hassan. This will become the permanent residence visa for him, where the adoption is mainly through the state or the territory adoption authority, where Hassan can lodge the application before the adoption is finalised. From 14 December 2015, the Department has been not able to accept the adoption applications for the students for the children who have been from Pakistan. The country specifications are different for different countries. With this, the adoptive parent must have also done one of the following things:
- Adoption of the child with the involvement of the Australian state or the territories adoption Authority which Hassan has done, in the present case.
- The Adoption of the child is under The Hague Adoption Convention.
There are different privileges of visa to provide one with the rights in Australia and work on the visa avenue charges, which includes the medical examination, police check and the certification with proper translation of the docs. This depends on certifying the person and the different number of the copies which are certified. With this, the medical examination is important to be paid directly to the doctor for conducting the different tests and the medical examination. To correspond to the authorities with the respective countries, one has to live for a time of more than 6/12 months depending upon the visa subclass.
With the adoption visa, Mekel, will have the liability to travel and stay alone in Australia as well, work and study, enrol in Medicare and work on the schemes for the health-related care and expenses. With this, he has the liability to travel to and for from Australia for the time of 5 years from the data the visa is granted. Through this, there is a guardianship of the children that is adopted from overseas.
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Border.gov.au. Visa support. Available at: https://www.border.gov.au/Trav/Visa.
Brettell, C.B. and Hollifield, J.F. eds. Migration theory: Talking across disciplines. Routledge.
Clayton, Gina. Textbook on immigration and asylum law. Oxford University Press, 2016.
Markus, Andrew. "Australia’s Immigrants: Identity and Citizenship." Citizenship in Transnational Perspective: (Australia, Canada, and New Zealand 2017: 225.)
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Newman, L., Proctor, N. and Dudley, M. Seeking asylum in Australia: immigration detention, human rights and mental health care. (Australasian Psychiatry, 21(4), pp.315-320., 2013)
 Newman, L., Proctor, N. and Dudley, M., 2013. Seeking asylum in Australia: immigration detention, human rights and mental health care. Australasian Psychiatry, 21(4), pp.315-320.
 Clayton, Gina. Textbook on immigration and asylum law. Oxford University Press, 2016.
 Brettell, C.B. and Hollifield, J.F. eds., 2014. Migration theory: Talking across disciplines. Routledge.
 Border.gov.au. Visa support. [online] Available at: https://www.border.gov.au/Trav/Visa [Accessed 10 Sep. 2017].
 Markus, Andrew. "Australia’s Immigrants: Identity and Citizenship." Citizenship in Transnational Perspective: Australia, Canada, and New Zealand (2017): 225.
 Markus, Andrew. "Contemporary Australian Attitudes to Immigration." In Creating Social Cohesion in an Interdependent World, pp. 81-93. Palgrave Macmillan US, 2016.