Australian Migration Law (doc)

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Added on 2021-06-17

Australian Migration Law (doc)

Added on 2021-06-17

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Running head: AUSTRALIAN IMMIGRATION LAWAUSTRALIAN IMMIGRATION LAWName of the StudentName of the UniversityAuthor Note

1AUSTRALIAN IMMIGRATION LAWFacts of the ScenarioThe Minister for Immigration and Border Protection determined that Anna Do’sstudent visa (subclass 500) is liable to be cancelled and accordingly cancelled thesame. This determination was based on a belief that she would be a risk to the health,safety and good order of the Australian community due to criminal proceedings initiatedagainst her following the occurrence of an incident which resulted in the death of herprevious employer. The student visa (subclass 500) was cancelled by virtue of theprovisions of Section 116 (1) (e) of the Migration Act, 19581. This act governs andregulates the ingress and egress of migrants within the jurisdiction of the AustralianCommonwealth. Thus, Anna is currently an unlawful non-citizen residing within theterritorial jurisdiction of Australia and is liable to be removed to another country orremain in immigration detention till her case is determined differently. It is pertinent tonote that her current visa was granted on the basis of her being enrolled in a translationand interpretation course which she has stated she will not be returning to.Question 1Anna and her husband arrived in Australia in 2013 and Anna obtained a studentvisa (subclass TU 573) on the basis of a nursing course which she was undertaking atthe time. It must be noted here that despite her completion of the course Anna was notregistered as a healthcare professional. After completion of her course Anna’s studentvisa expired and she applied for a subsequent visa based on the fact that she wasundertaking a translation and interpretation course in Australia. Accordingly, she was1 Schuck, Peter H. "Law and the Study of Migration."Migration Theory. Routledge, 2013. 247-266.

2AUSTRALIAN IMMIGRATION LAWgranted a student visa (subclass 500) as per the provisions of the Migration Act, 19582.Thus Anna could reside in Australia till the expiration of her visa which was June 20183.During the course of her Translation and interpretation course Anna was employed atthe beauty clinic where her employer was someone who was well versed with medicalprocedures and surgery. This was alleged because the employer was a surgeon. In theincident in question her employer was administered an enormous dosage of anestheticswhich was consequently lethal and resulted in the death of the person. Anna claims thather acts were under the instructions of her employer and as the employer had dueknowledge of such procedures she administered the dosage based on the instructionsgiven to her. Anna Do was subsequently subject to criminal charges which weremanslaughter, use of a substance that resulted in death and causing hindrances to aninvestigation under the provisions of the Crimes Act, 19004. She was imprisoned andlater released on remand. However, it must be noted that she was not convicted of anyof the alleged crimes against her. Thus, in legality she was absolved of all charges andthus all responsibility for the incident. The Minister for Immigration and BorderProtection is conferred powers to cancel visas based on the circumstances prescribedby the provisions of Section 116 and Section 501 of the Migration Act, 19585. Theprovisions of Section 116 however are wider as compared to the requisites of Section501. Under Section 501 the individual must have a substantial criminal record (whichhas been determined to be a minimum of 12 months imprisonment which would amountto the failure of a character test) or the individual must be currently imprisoned. Section2 Migration Act, 1958.3 Fitzgerald, Jennifer, David Leblang, and Jessica C. Teets. "Defying the law of gravity: The politicaleconomy of international migration."World Politics66.3 (2014): 406-445.4 Crimes Act, 1900.5 Piper, Nicola. "International Migration and Gendered Axes of Stratifi cation: Introduction."NewPerspectives on Gender and Migration. Routledge, 2013. 15-32.

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