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Australian Immigration Law Assignment

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Added on  2020-04-15

Australian Immigration Law Assignment

   Added on 2020-04-15

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AUSTRALIAN IMMIGRATION LAWQuestion – 1(a)What are the requirements for making a valid application for an Other Family(Residence) (Class BU) visa?ANSWER – 1(a)The following criteria must be fulfilled by Taslima before she is considered for grant ofRemaining Relative Visa (Subclass 835)1.(A)EligibilityTaslima can be eligible for this visa if her:only near relativeslive in Australia;near relative will sponsor her;brother will provide an assurance of support;health and character requirements are met.(B)SponsorThe sponsor should be 18 years of age or older and one of the following:an Australian citizen;an Australian permanent resident;aneligible New Zealand citizen.(C)HealthTaslima must meet the health requirements set by the authorities. The results are validfor 12 months.(D)CharacterTaslima must meet thecharacter requirements set by the authorities.She may be askedto provide a police certificate from her country of abode where she lived during past 12months or more during the past 10 years after she attained age of 16 years.(E)Sign the Australian Values StatementAs Taslima is older than 18 years of age, she is required to sign anAustralian ValuesStatement. This isto confirm that she will respect the Australian way of life and shallobey all Australian laws. This statement forms part of the visa application. Taslima1 Remaining Relative visa (subclass 835) using URL https://www.border.gov.au/Trav/Visa-1/835-
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should also read and understand, theLife in Australiabook before she signs thisstatement.(F)Debts to the Australian GovernmentTaslima must ensure that she does not have any outstanding debts to the AustralianGovernment or is required to repay any outstanding debts to the Australian Governmentbefore she is granted this visa.Question – 1(b)Explain the legislative definition of a “remaining relative” and state whether or not Taslima meets the definition.ANSWER – 1(b)According to Statute 1.15(1) a remaining relative is defined as the visa applicant who isbeing sponsored by a person who is either an Australian citizen or an Australianpermanent resident or an eligible New Zealand citizen, provided the applicant satisfiesthe Minister that the sponsoring person is:(a)either a parent, step-parent, brother, step-brother, sister, or step-sister of theapplicant;(b)usually resident in Australia;Here, Talisma will also be required to prove that she has no near relatives other than thenear relative she has specified above2.Question – 1(c)Can Taslima make a valid application for an Other Family (Residence) (Class BU) visawhile she is in Australia? Explain why or why not?ANSWER – 1(c)Yes, Taslima cannot make an application forOther Family (Residence) (Class BU) visa3while she is staying in Australia on her Class FA Subclass 600 with 8503 Condition.This is because 8503 condition imposes 'No Further Stay' condition on a range oftemporary visas, as specified below:2 Remaining Relative visa (subclass 835) using URL https://www.border.gov.au/Trav/Visa-1/835-3 Application for migration to Australia by other family members using URL https://www.border.gov.au/Forms/Documents/47of.pdf
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Visitor visa (subclass 600) (Sponsored Family stream)Visitor visa (subclass 600) (Approved Destination stream)Visitor visa (subclass 600) (Tourist stream) if sponsorship has been imposed onitWork and Holiday visa (subclass 462) if you have previously held two subclass462 visas.Since Taslima is on a Sponsored Family Stream visa, under condition 8503, she cannotapply for a further visa in Australia, except for a Protection visa (subclass 866).Question – 1(d)Explain to Taslima that regardless of whether or not she is able to make an onshore application, it will take many years before the visa is granted. Explain why this is the case with reference to the legislative requirements.ANSWER – 1(d)Australian immigration authorities give higher priority to child and partner applicationsunder the family reunion migration program. Since all other family applications areplaced under a low processing priority, Taslima should expect a long wait before herapplication is considered. Entering as a carer can get her a slightly higher priority. Theother conditions, which her brother would have to fulfil include that he never sponsoredany other Remaining Relative (subclass 115) visa or Remaining Relative (subclass 835)visa. This is highly unlikely, as he must have sponsored his parents. Hence, Taslimagetting a visa under this stream is not possible.Question – 4(a)What are the requirements for making a valid application for a Refugee & Humanitarian (Class XB) visa?ANSWER – 4(a)
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