Australian Immigration Law : Assignment

Running head: AUSTRALIAN IMMIGRATION LAW
Legal advice on Immigration law
Name of the student:
Name of the university:
Author note

1AUSTRALIAN IMMIGRATION LAW
Table of Contents
Title............................................................................................................................................2
Answer to question (a):..............................................................................................................2
Answer to question (b):..............................................................................................................4
Answer to question (c)...............................................................................................................6

2AUSTRALIAN IMMIGRATION LAW
Title
Title of this assignment is Legal Effect of Australian Immigration Provisions.
Answer to question (a):
Certain provisions of the Migration law are included in this part. The main provision
is the schedule 5 of Migration Legislation Amendment (2017 Measures No. 3)
Regulations 20171. This provision is dealing with visa related problem of a New Zealand
citizen and containing certain provision regarding special return criteria. According to this
provision, the New Zealand citizen should meet the criteria provided under section 7 of the
Social Securities Act 1991. It has been observed from the case that Sione is a citizen of New
Zealand and holder of sub-class 444 visa. The nature of this visa is temporary and it is
granted for certain period of time and the purpose of this visa is to allow the visa holder to
implement the right to work or study in Australia. There are certain eligibility criteria stated
under the Sub-class 444 and the applicant must have to meet the same. One of the most
expectable grounds is that the holder should have to pass the character requirement. This
means, the applicant should not indulge himself in any criminal activities and should have a
valid New Zealand passport. However, it is to be mentioned that Schedule 5 of the Migration
Regulation is dealing with the eligible New Zealand citizen. The term eligible denotes that
the applicant should have to hold a special category visa. The term protected SCV holder is
prescribed under section 7 (2A) of the Social Securities Act 1991. A person who was present
in Australia on 26 the day of February 2001 is called as protected SCV holder. Sione was in
Australia from 1987 to 2016 and therefore, he is an SCV visa holder. However, it has been
learnt from the case that Sione had been charged for supplying illegal drugs in Australia and
1 Kitchen, Jonathan S. The employment of merchant seamen. Vol. 11. Routledge, 2017.