LML6002 : Migration Law

Question:

Answer these questions in light the above:

The BVA will be in effect before the student visa expires.

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Let’s say Tom has left Australia with his student visa on 9 June 2018. Will this have any legal consequences for Tom’s BVA

Is the Department’s cancellation or modification of Bianca’s visa legal in the light of the Australian Citizenship Act 2007, (Cth).

3. Answer these questions in light the above:

Ask Peter if he can appeal the decision in the context a merits review.

Peter directs you to appeal to the Federal Court of Australia (FCA) the decision of your delegate.

Peter asks you to appeal the decision of the delegate directly to Federal Court of Australia (FCA).

4).Does Damian qualify as an “aged dependent relative” under the Migration Regulations (Cth 1994)?

5).

Answer:

The Bridging Visa, also known as the BVA, falls under subclass 010. This permits a person to legally stay in Australia until a substantive visa is approved.

To have the BVA application approved by Visa Authorities, there are some conditions.

You must comply with the following conditions:

The applicant must be Australian.

It is essential that the substantive visa be granted.

It is a requirement that the substantive visa must be held by the individual while the BVA application is being made.

Because students must undergo extreme hardship when applying for the bridge visa, it is highly recommended that they apply to the 485 Temporary Graduate Visa to ensure that enough time is allowed for them to apply.

The following is the real scenario.

Tom was granted a bridging visa even though he was still holding a student visa under subclass 500. Tom applied for subclass 820, 801 to remain in Australia. Tom’s student visa will expire after which the bridging visa will apply.

The bridging visa is granted on the condition that the person cannot enter Australia after he has left Australia.

The visa is necessary for staying in Australia. Only a temporary substantive visa will be granted.

The bridging Visa shall remain in operation until another substantive visa can be granted.

According to the current facts, the bridging Visa was granted on 8th June. Tom left the country 9th June.

The bridging visa is a temporary visa giving the person temporary rights to remain in the country.

The bridging visa shall remain in force until the BVA is canceled. It also will not be valid once the person has left Australia.

The bridging visa will only be available if the substantive visa is no longer in operation. Tom, therefore, can’t return to Australia and, as such, the bridging visa won’t apply.

The Department of Home Affairs cancels visas. This is the factual scenario.

Australian citizens follow the rules and regulations of Department of Home Affairs. Therefore, there are many conditions that can be met to cancel a citizen’s citizenship.

If the Minister learns that any applicant has a criminal or convicted record, he can cancel his citizenship.

The Department has the right to cancel the visa without the applicant’s consent. If he makes false statements or hide any information, the Department will be able to cancel the visa.

Section 34 of the Australian Citizenship Act (2007, 34) states that the minister may cancel a visa application when the applicant has committed any type of migration-related fraud.

The Ministry has the power to cancel any visa applications if it so chooses.

Any application filed under section 501 of the Migration Act, 1958 (Cth), can be cancelled by this Department.

In such cases, the Minister may cancel the visa application.

The visa application may be cancelled if the applicant fails meet any of the requirements.

The Department may also have provisions for Character Test. If the applicant fails the character test, the Department has the right to cancel the application.

After confirming that the applicant has fulfilled all requirements, the Department will then examine the possibility of granting permission to the Department to verify and question the validity of the visa.

These are the conditions required to make a Visa valid

An individual must not have any criminal records

The applicant shall have no criminal record.

It is forbidden for the applicant to be associated with anyone with a criminal record.

The applicant should not have any past or current criminal record.

Bianca is an Australian citizen who was born in Australia, and has lived there for many years.

Bianca can therefore be called a Portugese.

Bianca lost her visa because of the corruption of her father.

The provisions of the Migration Act allow us to conclude that the visa cancellation was correct.

Part (a).

In this case, Peter’s visa was cancelled according to section 501(2).

In such circumstances, the Minister can cancel the visa of Peter if it is found that the applicant was involved in an illegal relationship.

A person who is subject to the Migration Act shall not be eligible for natural justice. The minister may not use natural justice to make a decision.

A criminal record of the applicant shall be considered grounds to cancel the visa.

A number of powers have been granted to ministers under which they may exercise their rights.

Peter should be advised to submit a request to review the Tribunal’s decision in this instance.

The minister has the power to cancel any visa on reasonable grounds for suspect or threat.

It is the principle that a person who has a criminal record will not be granted a visa.

The Australian government can cancel a visa in the course of ministers’ business.

Peter has the right to appeal against any orders or decisions by the department.

Part (b).

If a Tribunal decision is against a visa application, it can be appealed.

An appeal can be filed by any student, spouse, or family member. This is called “making an Appeal”.

While seeking legal help is possible, there are certain conditions. The appeal can only be accepted if the grounds of “character ground” are met.

It is necessary to inform the Tribunal of your intention to appeal. Then, if you are appealing on behalf of an Australian, you must show that the visa was denied or cancelled due to these “character grounds”. The applicant will then be allowed a time limit of nine days to complain.

These character grounds will be judged:

The applicant must have no criminal records or past, and the applicant must not be a felon.

The applicant was not convicted of any offense while he was being held or served his sentence.

Subclass114 is about an aged dependent visa. This is the crucial clause to sponsor a relative, or any partner, while they are in Australia.

It is essential that the visa applicant does not have any partner or de facto partners.

To be eligible to apply for the dependent visa, the applicant must be at least 18 years old.

The applicant must show that he or she is dependent on another person and that they provide basic necessities and living expenses.

The applicant must prove that the relative takes care of his finances and finances his expenses.

The applicant must prove that Damian can’t finance his expenses and is financially ineligible to sponsor himself.

The sponsor of the visa must be at least 18 years of age and a permanent resident of Australia.

The applicant must also show that he is receiving financial assistance for a reasonable amount of time.

The applicant must prove that he will be financially supported.

According to the facts, Damian Kruz, the applicant, has been financially supported by his brother.

Damian’s brother is an accomplished surgeon who is well-placed within the society.

Damian is a 74-year-old man. He cannot be called financially independent because of his age.

Damian’s brother David paid $120,000 for him over the years. Damian has depended on his brother for quite a while.

Section 1.02 of The Migration Regulations Act mandates that the person have to be at least 18 years old to be eligible to receive Social Security Act, 1991 compensation.

This Act requires that the person be eligible for pension, and must therefore be dependent on him.

Damian was married for six months to Kali. They have never spoken to one another.

They have not spoken to each other in 6 months.

Damian feels that their marriage is over.

Damian is dependent on him brother and is therefore eligible for visa under the Australian Migration Regulations Act of 1994.

Section 36 of The Migration Act, 1958 addresses visa-related issues in Australia.

Protection visa applications under section 36 of the legislation are made under the Department of Border and Immigration Protection and the Department of Home Affairs.

Sub-section (1B), (IC) under section 36, of the Act mandates that all individuals must abide to the provisions in sub-sections IB & IC.

Important to note is that the applicant must not have any criminal record.

The applicant must not have any criminal records and will not be allowed to enter the country under such circumstances.

Security of the country is paramount, as per section 36(IC).

The visa granted shall be permanent. In cases where it can be determined that any riot is threatening the safety and security of the country, the life of applicant cannot be compromised.

In this case, it is clear that Mohammad was part of an incident of belligerence.

This situation led to Mohammad applying for protection visa in subclass 861 before the authorities.

Because he was not financially dependent, he couldn’t contact an agent so he submitted the application without an agent.

The Department refused to accept his application as he was unable to afford the agent.

The department did not have the right to reject the application in this instance because of the unsafe and dangerous conditions in Iraq. Therefore, a visa application is necessary and justifiable.

All the arguments are reasonable and fair. However, the department rejected the application on the grounds that an agent assisted.

The provisions are correct. Therefore, the department should reject the application.

“Who Will Care For Grandma?”

Australia’s Migration Program, Older Women, and Parent Visas for Senior Women.

Australian Feminist Law Journal 42.2 (2016) 297-319.

The Unintended Consequences Policy for Migrant Families.

The Politics of Women and Migration to the Global South.

Rights and Migrants

Rights and Migrants

Freilich and Joshua D.

Migration, culture conflict and criminality

Ghafournia Nafiseh and Patricia Easteal

“Spouse sponsorship policies: focus on serial sponsors.

Laws 6.4 (2017) 24.

“Travel plans – Border crossings and rights of transnational immigrants.”

Rights and Migrants

Constructing and envisioning labour migration: Viewpoints from five continents.

McLeman Robert Jeanette Schade and Thomas Faist, Eds.

Environmental migration and inequality.

“Rethinking resettlement in Australia and family reunion”

Alternative Law Journal 42.4 (2018): 273-278

Pickering Sharon and Julie Ham, eds.

Routledge Handbook on International Migration and Crime.

Simon, Rita J., James P. Lynch.

“Comparative assessment on criminal involvement of immigrants and natives in seven countries.”

Migration, Culture Conflict and Criminality

Simon, Rita J., James P. Lynch.

“A comparative assessment on criminal involvement among immigrants across seven countries.

Migration, Culture Conflict and Criminality

“Protection seekers & preventive justice: Immigration detentions in Australia and the United Kingdom.”

Preventive justice regulation.

van Kooy John and Dina Bowman.

“‘Surround with so much uncertainty’ – asylum seekers and precariousness in Australia.

Journal of Ethnic and Migration Studies (2018: 1-18).

“Promoting community based responses to violence against immigrants and refugees women in metropolitan and rural Australia: The ASPIRE Project – Key findings and future directions”

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