LML6002 : Immigration Law

Question:

In light the above, does Stanley have a visa condition 8101 under schedule 8 of Migration Regulations 1994 (Cth).

Ivan’s student Visa was cancelled. Will this prevent him from applying for a visa to Australia for medical treatment (subclass 602)?

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3

4)a.

Assume that it is January 2018. The delegate who was allocated Elfriede’s visa application is now looking at John’s sponsorship. Also, the delegate will decide whether or not to approve Elfriede’s application for a partner visa.

John’s past sponsorship of Molob is this a problem in John’s most recent sponsorship application?

Ace needs your help to determine if the delegate cancelled Ace’s visa correctly under s.116(1) (g) of the Migration Act58 (Cth).

Marissa must inform the Department of Home Affairs of Marissa’s current health situation under s.104 of the Migration Act 1958, (Cth).

Answer:

Given the circumstances, the question is whether Stanley has violated the condition of 8101.

It is worth noting that anyone applying for a visa to Australia is subject to one or more of the following conditions.

A common provision that restricts visa holders from working in Australia is Condition 8101.

Any activity that is done by an individual to earn money can be considered work.

You can mention that volunteers who do not volunteer for more than three months to help their family at home will not be considered to have violated this condition.

If condition 8101 is broken, the visa renewal decision maker can cancel it.

However, anyone who violates the condition will be given an opportunity to explain why.

The decision maker will decide whether to cancel or renew your visa.

The decision maker can decide to cancel the visa if the circumstances that led to the contravention of condition 8101 are outside his control.

The facts of the case show that Stanley had been issued a visitor visa (subclass 600), which was subjected as previously discussed to condition 8101.

However, he began to work for Sydney Redfern Service (SRC), and he began receiving paid shipments.

Accordingly, it is possible to infer that he violated the condition 8101.

Conclusion

Stanley therefore contravened visa condition 8101.

The issue is whether Ian’s student Visa will be cancelled so that he can no longer apply for medical treatment.

The migrations Act 1958, section 48, provides that a non-citizen of Australia who is not a citizen or has had his visa cancelled under section 109 (due incorrect information) can be subject to the regulations. He/she may apply for a visa in a class specified for this purpose.

Such a person cannot however apply for visas of other classes.

Section 2.12 (Migrations Regulations 1994) outlines the categories of visas that can be applied for under section 48(b) of the Migrations Act 1958.

Section 2.12(ca) of the migrations regulations provides that a person may apply for a Class U visa to receive medical treatment.

Based on the facts of the case, it is clear that Ivan had his visitor visa cancelled by Department of Home affairs pursuant to section 109 of 1958’s Migration Act.

Ivan had been diagnosed with Lung cancer and can therefore apply for a Class U Visa for medical treatment, in accordance to section 48 of The Migrations Act 1958.

Conclusion

So, it can be concluded that Ivan has the legal right to apply to a Class U Visa for medical treatment.

The issue here is to offer advice to Kevin regarding his student visa application.

It is important to mention that the Sponsored family stream in Australia allows a settled citizen of Australia and any permanent resident of Australia for their friends and relatives to be sponsored in Australia by the Sponsored Stream.

The only requirement for sponsoring a relative of an acquaintance is that they be eligible relatives.

This was made clear in regulations.03 (Cth) and.12.2 of the Migration Regulations 1995 (Cth).

A relative or friend of the visitor visa applicant can sponsor them.

It is important that the sponsoring individual must be an Australian citizen over 18 years.

A person who has been an Australian legal resident for at least two years is considered a settled citizen.

The Migrations Regulations section 8531 states that any person who enters Australia with a visitor visa must return to Australia within the validity of the visa.

A visitor visa holder cannot remain in Australia beyond the validity of the visa. Condition 8503 says so.

The facts of the case show that Kevin had entered Australia under a subclass 600 visitor visa.

It is important to mention that Kevin applied for a subclass 600 student visa.

But, it is possible to say that such an applicant will be denied due to the conditions 8531 or 8503 which are applicable to visitor visas.

Conclusion

It can therefore be concluded that Kevin’s student visa application is likely to be rejected.

The following are some of the issues that can be identified under these circumstances:

What if John had been contacted by the Department of Immigration and Border Protection prior to 21 November? Would a delegate have approved John’s sponsorship request?

John’s sponsorship by Molob is a problem with John’s recent sponsorship request?

Schedule 2 of 1994 Migrations regulations states that sponsors must not only be able to specify their immigration status, but they must also reside in Australia to qualify as sponsors.

The section 1.03 of migration regulations provides that the term “settled” can be defined as an Australian citizen who is a lawful resident for a reasonable amount of time.

It is required that a sponsor be a legal resident of Australia for at most two years from the date of approval of visa.

A sponsor of this nature is permitted to travel up to four times per year at the time of approval.

This can be considered to be the reasonable travel time.

It is stipulated that in category 2, if the sponsor has not been within Australia for at least two years, he must show evidence of employment and evidence of the ownership of the house or lease agreement.

In the Migration Regulations 1994, it is stated that a sponsor must not sponsor another applicant or partner who was previously sponsored by the sponsor. This applies only if the sponsor has not been sponsoring an applicant for marriage visas or partners in the past 5 years.

The facts of the case reveal that John had lived in Germany for at least two years prior to entering into a de facto relationship with Elfriede.

John was not settled in Australia at Elfriede’s request to sponsor his visa application.

John has also sponsored Molob in 2012 as a defacto sponsor.

But, he won’t be able to sponsor another partner because he had already sponsored Molob in 2012 after five years.

Conclusion

So, in conclusion, John’s sponsorship of Molob by John’s delegate to the Department of Immigration and Border Protection will not be a problem for his recent sponsorship application.

This scenario requires that you determine whether Ace’s visa was correctly cancelled by the delegate

Section 2.43(P), states that the Minister in Charge of the Department of Home Affairs can refuse a subclass 020 visa or subclass 051 visa to a holder of a subclass 040 visa if he finds that the visa holder is convicted of an offense that violates the law of the Commonwealth, the territory, or any other country.

The facts of this case show that Ace had been convicted by the Sutherland Local Court of Assault and causing bodily damage under section s.59 of the Crimes Act 1900.

In accordance with section 2.43 (P) of 1994 Migration Regulations, Ace’s visa could be cancelled because the Delegate was involved in the crime.

Conclusion

So, it can be concluded that Ace was incorrectly cancelled by the Delegate.

This scenario presents a problem in that Marissa needs to determine whether she is required by the Department of Home Affairs to report her health condition.

It is stipulated that any non citizen living in Australia must inform the officer in writing about any new circumstances which could affect the answer to a question in a non citizen’s application form.

In section 104(2), it is further stated that subsections 104(1) will apply to any changes in circumstances occurring before the visa is granted if the applicant is within the territory of Australia at the time.

After analyzing the facts, we can see that Marissa should notify the department home affairs about her medical condition.

After her provisional visa was granted, her health condition was discovered. She must inform the department about this according to section104(1) of the Migration Act 1958.

Conclusion

So, it can be concluded that Marissa must notify department of domestic affairs about her current health condition

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