Migration Law Application 2022

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student:
Name of the University:
Author Note:

MIGRATION LAW1
To
Ms Anna Walker,
Australia.
Subject: Letter to advice about Visa application.
Dear client,
We are obliged that you have trusted us and given us an opportunity to provide you
guidance regarding visa application. We heartily want to thank you for paying visit to our office.
In continuation of the discussion we had in our last meeting, it is seen that you have been
overstaying your Visitor Sub Class 600 visa.
We understand that you came to Australia from Estonia with the Visitor sub class 600
visa and it had already expired one week before. So you are overstaying in Australia. It also
reveals that at present you do not have any Australian visa. Moreover, you want to pursue
masters course in graphic design, for which you want to apply for student sub class 500 visa.
When we were going through your previous visa, we discovered that there are two
conditions applied on it. The conditions are 8503 and 8101. Both of these conditions have
significant effect of the visa holder. Moreover, these two conditions must be followed during the
staying period under the said visa else there lies a probability that the visa may get cancelled.
According to 8101 condition, you are not permitted to work in Australia. 8503 condition on the
other hand, provides that ‘no further stay condition’1. It means that you do not have the eligibility
1 "No Further Stay Waiver", Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visa-
conditions-subsite/Pages/no-further-stay-waiver.aspx>

MIGRATION LAW2
to make application for visa other than the protection visa2. Moreover, the imposed 8503
condition can be waived by the Minister of the Immigration Department if any exceptional
situation arises which is beyond your control3.
But it is unfortunate, that you are not eligible for applying for the student 500 sub class
visa4. During your visit to our office, you mentioned that your friend Isabella was in similar
conditions like you and was able to get a student visa as she overstayed her visa. However, every
person has different situation in her life and the Immigration department considers the cases of
the visa applicants separately. You are not allowed to apply for student 500 visa mainly due to
two conditions; firstly, due to the 8503 condition in your previous visa and secondly due to
Schedule 1, clause no 1222(4).
The first condition does not allow you to apply you any visa other than protection visa.
However, you do not satisfy the conditions required to be fulfilled for this visa. This protection
visa is usually given to the refugees who are seeking asylum in Australia due to fear of
persecution in their country of origin on the basis of various types of discrimination.
Further, Schedule 1, clause no 1222(4) of the Migration Regulations 1994, also does not
permit you to make application of student 500 visa. This is because, as per this, this regulation is
applied only for the people who had held student visa or special purpose or temporary domestic
visa before making application. Then only, one can apply for the student visa within a period of
28 days after the last visa ceased to exist5.
2Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
protection-866>.
3 Migration Regulations 1994 r 2.05(4).
4 Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
student-500>.
5 Migration Regulations 1994 Sch1, Item no 1222(4).