Analysis Of Migration Laws Related To Visa Conditions And Sponsorship Essay.

1). In light of the preceding, has Stanley contravened visa condition 8101 in schedule 8 of the Migration Regulations 1994 (Cth)?

2). In light of the preceding, does cancellation of Ivan’s student visa prohibit him from applying for a medical treatment visa (subclass 602) in Australia?

3). What immigration advice would you give to Kevin in relation to his student visa application?

4)a. If a delegate from the Department of Immigration and Border Protection (as it then was) decided on John’s sponsorship application before 21 November 2017, what conclusion should the delegate reach in relation to John’s sponsorship application? 

b. Assume it is now January 2018 and the delegate who has been allocated Elfriede’s visa application is now considering John’s sponsorship and whether to approve Elfriede’s partner visa application. Does John’s previous sponsorship of Molob pose a problem for John’s more recent sponsorship application?

5). Ace seeks your advice on whether the delegate correctly cancelled his visa under s 116(1)(g) of the Migration Act 1958 (Cth).

6). Does Marissa need to notify the Department of Home Affairs of her current health condition under s 104 of the Migration Act 1958 (Cth)?

Visa Condition 8101 and Contravention

1).

Issue:

In the given set of circumstances the issue is to identify whether Stanley has contravened the vsa condition of 8101.

Rule:

It is worth mentioning that any person who applies for a visa in Australia is subjected to one or more relevant conditions. Condition 8101 is one of the common provisions which restricts any person who holds a visa to work in the territorial jurisdictions of Australia.  Engaging in work can be defined as any activity which is undertaken by an individual for the purpose of earning money. It can be mentioned that if any individual chooses to do volunteer work for less than a period of three months to support their family at home, will not be held to have contravened this condition. In case of violation of condition 8101, the decision maker in charge of the renewal of the visa can cancel the visa. However, the person who contravenes this condition will be given the opportunity to explain the reason why he had breached it. The decision maker will subsequently decide whether to cancel the visa or renew it.  If it is assessed by the decision maker that the circumstances due to which the person in consideration contravened the condition 8101 were beyond such person’s control, the decision maker will not typically elect to cancel the visa.

Application:

By analyzing the facts of the case study, it can be stated that Stanley had been granted a visitor visa (subclass 600) which was subjected to the condition 8101 as discussed above. However he started working for Sydney Redfern Service (SRC), where he commenced paid shipments. Therefore it can be inferred that he breached the condition 8101.

Conclusion

Thus, in conclusion it can be stetted that Stanley contravened visa condition 8101.

2).

Issue:

In the given set of circumstance the issue that has been identified is whether cancellation of the Ian’s student visa will restrict him from applying him for medical treatment.

Rule:

It has been provided in section 48 of the migrations Act 1958 that a non citizen of Australia who does not hold a substantive visa or whose visa has been cancelled according to the provisions of section 109 (due to incorrect information) may be subjected to the regulations and has the right to apply for a visa of a class which has been prescribed for the purpose of this section. However, such person  cannot apply for a visa of any other class.  Section 2.12 of the Migrations Regulations 1994 prescribes the class of visas a person can apply for in relation to section 48 of the Migrations Act 1958.  In subsection 1(ca) of section 2.12 of the migrations regulations, it has been provided that a person can apply for a Class UB visa for medical treatment.

Cancellation of Visa due to Section 109 of Migration Act 1958

Application:

By analyzing the facts of the given case study, it can be stated that Ivan’s visitor visa had been cancelled by the Department of Home affairs in accordance with the provisions of section 109 of the Migration Act 1958. However, Ivan had been detected with Lung cancer, therefore he can apply for a Class UB visa for medical treatment in accordance with the provisions of section 48 of the Migrations Act 1958.

Conclusion

Thus, to conclude it can be stated that Ivan has the right to apply for a Class UB visa for medical treatment.

3).

Issue:

In the given set of circumstances the issue is to give advice to Kevin in relation to his student visa application.

Rule:

It is worth mentioning that Sponsored Family Stream in Australia allows a settled citizen of Australia or any person who is a permanent resident of Australia to sponsor their relatives and friends in Australia. However, it can be mentioned that the person who sponsors a relative of a friend has to be an eligible relative. This has been provided in regulation .03 and 1.12 of the Migration Regulations 1994 (Cth). However such person sponsoring a relative or friend can also be family member of the person applying for a visitor visa or even a government official.   It is worth mentioning that the sponsoring person must be settled Australian Citizen who is above 18 years of age. A settled citizen of Australia can be considered to be a person who has been a legal resident of Australia for a period of two years. It has been further provided in section 8531 of the Migrations Regulations that a person who entered Australia on visitor visa must depart with the period of the visa. Condition 8503 states that a person, on visitor visa cannot stay In Australia for a period further than the period of the visa.  

Application:

By analyzing the facts of the case, it can be stated that Kevin had entered into the territory of Australia on a visitor visa (subclass 600). It is worth mentioning that he applied for a student visa(sub class 600). However, it can be stated that such an application is likely to be rejected as per the conditions 8531 and 8503 that are imposed on visitor visas.

Conclusion

Thus in conclusion it can be stated that Kevin’s application of the student visa is likely to be rejected.

Rejection of Student Visa due to Conditions 8531 and 8503

4).

Issue:

In the given set of circumstances that issues are to identify:

• Whether a delegate from the Department of Immigration and Border Protection would have allowed the sponsorship application of John , If he had received such application prior to the 21th November?
• Whether John’s sponsorship of Molob will pose a problem for the recent sponsorship application of John?

Rule:

In Schedule 2 of the of the Migrations regulations 1994 it has been provided that apart from prescribing the immigration status of a sponsor, it is required for the sponsor to be settled in the territory of Australia for the purpose of being deemed as a sponsor.  In section 1.03 of the migrations regulations it has been provided that the term settled can be defined as an Australian Citizen who has been a lawful resident for a reasonable period.  Under Category 1, of the migration regulations it has been provided that a sponsor has to be a lawful resident of Australia for two years as at the time of the approval of the visa. Such sponsor is allowed to go for a short trip up to four months at the time of approving the sponsorship. This can be considered to be the reasonable time period. In category two it has been provided that if a sponsor stays outside the territory of Australia for a period of two years at the time of approving the sponsorship, he has to provide evidence of an employment which is going on, evidence of ownership of house or a lease agreement, evidence of bank statements of funds held in Australia.

Further it has been provided in the Migration Regulations 1994 that a sponsor who has previously sponsored a partner or a prospective marriage visa applicant cannot sponsor another partner or visa applicant until 5 years have passed since the date of sponsoring the first applicant.

Application:

By analyzing the facts of the case, it can be stated John had been in Germany for a period of two years prior while he entered into a defacto relationship with Elfriede. Therefore it is evident that John cannot sponsor the visa application of Elfriede as he was not settled in Australia at the time of sponsoring the visa of Elfriede.

Further, it can be stated that John had already sponsored a defacto partner, Molob in the year 2012. However, since five years had passed since the first sponsorship application he will not e restricted to sponsor another partner.

Conclusion

Thus in conclusion, it can be said that the delegate of the Department of Immigration and Border Protection can reject John’s sponsorship application and John’s sponsorship of Molob will not pose a problem for the recent sponsorship application.

5).

Issue:

The issue in this given scenario is to identify whether the delegate correctly cancelled the visa of Ace

Rule:

It has been provided in section 2.43(P) that minister in charge of the Department of Home affairs can reject a subclass 050 visa or a subclass 051 visa if he is satisfied that the holder of the visa has been convicted of an offense against the law of the state, Commonwealth, a territory or another country.

Application:

By analyzing the facts of the given case study, it can be stated that Ace had been convicted of Assault causing bodily harm by the  Sutherland Local Court under section s 59 of the Crimes Act 1900 (NSW). Therefore, in accordance with section 2.43(P) of the Migration Regulations 1994, it can be stated that the Delegate had the authority to cancel Ace’s visa due to his involvement in the crime.

Conclusion

Thus in conclusion it can be stated that the Delegate had correctly cancelled Ace’s visa.

6).

Issue:

The issue in this given scenario is to identify whether Marissa is required to notify the Department of Home Affairs of her health condition.

Rule:

In section 104(1) of the Migration Act 1958 it has been provided that a non citizen who is living in Australia has to notify the officer in writing of the new circumstances that have arisen which might change the answer to a question on non citizen’s application form. It has been further provided in section 104(2) that subsection 104(1) would apply to changes in the circumstances before the visa is granted, if the applicant is in the territory of Australia at the time the visa is granted.

Application:

Thus by analyzing the facts of the case, it can be stated that Marissa needs to notify the department of home affairs about her health condition. Her health condition was diagnosed after her provisional visa had been granted therefore, she needs to notify the department of home affairs according to section 104(1) of the Migration Act 1958.

Conclusion

Thus in conclusion it can be stated that Marissa needs to notify department of home affairs about her health condition