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On Soheb's Application for Parent Viscosity

   

Added on  2021-05-31

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Running head: MIGRATION LAWMigration LawName of the StudentName of the UniversityAuthor Note

1MIGRATION LAWTable of ContentsAnswer to question 1.......................................................................................................................2Issue:............................................................................................................................................2Rule:.............................................................................................................................................2Application:.................................................................................................................................4Conclusion:..................................................................................................................................5Answer to question 2.......................................................................................................................5Issue:............................................................................................................................................5Rules:...........................................................................................................................................5Application:.................................................................................................................................7Conclusion:..................................................................................................................................8Reference:........................................................................................................................................9

2MIGRATION LAWAnswer to question 1Issue:There are two issues present in the case. First, it is to be determined whether Soheb canapply for parent visa to bring his mother in Australia or not. The second issue is to determinewhether any other options for permanent visa present their and what evidences are required inthese cases.Rule:The subject matter of the case is based on balance of family test and related provision hasbeen mentioned under Regulation 1.05 of Migration Regulation 19941. The provision will applyon the following ground:It depends on the number of the children of any parent or the applicant residing in theabroad nation;Further it depends on the number of eligible children if they are greater to ineligiblechildren of the applicant who arte residing in a specific foreign country.The balance of family test is objective in nature and determines the differences between theparent who have children in Australia and parent who have children outside Australia. Further,under this provision of the Regulation, a child will be treated as eligible if he is an Australiancitizen or is an Australian permanent citizen. In case of any other situation, the child will betreated as ineligible child. The provisions of the balance of family test are fundamental and couldnot be changed in case of any circumstances. Further, these provisions are mandatory in order to1Migration Regulations 1994

3MIGRATION LAWmake an application for parent visa2. However, if the child of the parent has been get away fromthe custody of parent with the intervention by the operation of law, the provision of balance offamily test will not be applied. Apart from this balance of family test, there are certain other permanent visa optionsavailable and they are categorized as parent category that has been engraved under subclass 103and 804 and contributory parent category that has been specifically mentioned under Subclass143, 173, 864 and 804 of the Migration Act. However, there is a restriction mentioned under theMigration Act. It has been stated that only one visa application could be made under thiscategory. The nature of the visa can be offshore or onshore. Offshore visa application can bemade when the applicant is outside the territorial jurisdiction of Australia. Onshore visaapplication can be made when the applicant is stayed in Australia and his visa has been grantedat that time. Subclass 103 and subclass 143 could be treated as offshore visa in this regard. Application for parent visa under subclass 143 can be made if the applicant has certainsponsors in Australia and there are certain assurances that the applicant will be safe under hiscustody3. Further, it is to be determined that the provisions of the balance of family test havebeen met properly. On the other hand, permanent parent visa can be obtained under subclass 103if any child of the applicant is a permanent residence in Australia. This visa application can bemade in case of aged parents. Another option for obtained permanent visa for aged parents issubclass 8044. Under this subclass, the parent-applicant has to show that he has a sponsor in thecontents of Australia and all the requirements of the balance of family tests have been met2'Parent Category Visas' (Homeaffairs.gov.au, 2018) <https://www.homeaffairs.gov.au/trav/brin/pare#> accessed 6May 20183Singh, Supriya. "Introducing a temporary visa for parents: Submission." (2016).4Adamson, Elizabeth, et al. "Social care and migration policy in Australia: Emerging intersections?."AustralianJournal of Social Issues52.1 (2017): 78-94.

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