Australian Immigration Law

Student Name:
Student Number:
Australian Immigration Law

1
Student Name:
Student Number:
To Ruth,
Address: XYZ
Date: 14th September 2019
Dear,
I am writing you this letter to discuss appropriate legislative provisions related to migration Act
and Regulations of Australia. The letter will discuss the provisions of the Medical Act 1958 by
describing certain requirements and options for Contributory Aged Parent (Temporary) visa
(subclass 884). It will also discuss the relevancy of this visa option and how it will allow Ruth's
parents to migrate to Australia by meeting certain requirements. Furthermore, it will analyze the
criteria of temporary visa option that will be considered to be suitable for Ruth's parents to get a
parent visa.
Advice
The parents living in India may be eligible to migrate to Australia if their child lives in Australia
or Australian permanent resident or Australian citizen1. Parents Visa categories are classified into
two main categories they are contributory and non-contributory. They may also be categorized
based on the applicant's age and permanent and temporary residence. However, the migration
law such as the Migration Act 1958 is related to entry into Australia which reveals abut
sponsoring parent’s visa2. This law sponsors parent visa and other measures. Migration Act 1958
is determined to be an Act of the parliament of Australia that governs immigration to Australia.
By considering this act, the Australian Government has involved the policy of contributory
parent visa categories within the Parent Visa policy. The Contributory Aged Parent (Temporary)
subclass is determined to be the copy of the Contributory Parent (Temporary) subclass 173 visa3.
1 D Smith et al, "Developments In Australian Migration" (2016) 43(1-2) Canadian Studies in
Population.
2 H Askola, "Who Will Care For Grandma? Older Women, Parent Visas, And Australia’S Migration
Program" (2016) 42(2) Australian Feminist Law Journal.
3 R. O. Ciobanu and C Bolzman, "The Interplay Between International Migration And The Welfare
State In The Context Of The Ageing Of The Migrant Population" (2015) 8(2) Scientific Annals of
the “Alexandru Ioan Cuza” University, Iasi.

2
Student Name:
Student Number:
This particular visa option is appropriate for those people who are allowed to get Australia's aged
care pension. The law states that this particular visa does not require any Assurance of support
and possess a minimum queue for processing. It set up the universal visa system for Australia,
and it relates to the presence, entry into Australia4. As per this act, the temporary option enables a
three-year stay in Australia. Based on this law to apply for a temporary visa, parents are required
to fulfil the health and character requirements and balance-of-family test. In this test, the parents
needs to undertake HIV test, chest x-ray and medical assessment. Before applying for a
temporary visa, the sponsor must get approval from the Department of Home Affairs. Moreover,
the chief applicant for the visa must be over 65 years of age, and if they possess a partner for less
than 65 years, they will be considered as a secondary applicant5.
For example, in case of Ruth who seeks to bring his parents to stay with her in Tasmania,
Australia, it is advised that she must comply with the rules and regulations of Migration Act
1958 that provides various options for getting parent visa. Therefore, he must take the help of the
Migration Act 1958 that helps in sponsoring Visa for parents. It is advised to Ruth that
considering this law the best option for lodging the parent’s visa is Contributory Aged Parent
(Temporary) visa (subclass 884) that will allow her parents to live in Australia for a period of
two years. However, as per the requirements of this visa option, Ruth father is aged 61 and
mother aged 62. Thus, both of them does not fulfil the age requirements that are needed to lodge
for a temporary visa. Hence, they must apply for subclass 173 Contributory Parent (Temporary)
Visa or subclass 143 Contributory Parent to Perth Offshore Parents Centre (POPC). As per
subclass 143 and 173, the parent visa engages in making a non-refundable payment to the
government of Australia6. The money to be paid is AUD$43,600 per migrating parent. This can
be split into two parts or paid in full. This particular visa is being processed in near about 48
months7. If parents have passed the police and health checks, the contributory amount will be
4 J. B Temple and P. F. McDonald, "Australian Migration Propensities By Visa Class: An Analysis
Of Linked Administrative Data" (2016) 35(4) Journal of Population Research.
5 R Kabir et al, "Elderly Population Growth In Bangladesh: Preparedness In Public And Private
Sectors." (2016) 21(8) IOSR Journal of Humanities and Social Science.
6 R Brandhorst, L Baldassar and R Wilding, "The Need For A ‘Migration Turn’In Aged Care Policy:
A Comparative Study Of Australian And German Migration Policies And Their Impact On Migrant
Aged Care" [2019] Journal of Ethnic and Migration Studies.
7 M Kilkey, "Conditioning Family-Life At The Intersection Of Migration And Welfare: The
Implications For ‘Brexit Families’" (2017) 46(4) Journal of Social Policy.