Australian Migration Law Report

This report provides a comprehensive analysis of Australian migration law, focusing on visa conditions, regulations, and ethical conduct. It examines the 'No Further Stay' condition (8503) and its implications for visa holders, particularly in the context of medical treatment visas. The report also analyzes the case of Jasdeep Singh Chug, a former migration agent, highlighting breaches of regulations and professional conduct that led to disciplinary proceedings. The report concludes by offering valuable insights for individuals seeking to understand Australian migration laws and navigate the visa application process.

Australian
Migration law

Table of Contents
INTRODUCTION...........................................................................................................................1
QUESTION 1...................................................................................................................................1
QUESTION 2...................................................................................................................................1
g. Identification of the breach of the regulation and professional conduct............................1
h. The discussion of ethical, work and practice management and non communication issues
resulting in disciplinary proceeding against Jasdeep Singh Chug..........................................2
I. Explaining how the migration agent might have avoided the circumstances, which led to the
disciplinary proceeding..........................................................................................................3
QUESTION 3...................................................................................................................................3
The 8503 condition under Australian migration law: No Further Stay..................................3
The Migration Act, 1958:.......................................................................................................3
Waiver of the condition 8503.................................................................................................4
QUESTION 4...................................................................................................................................6
Migration Regulation 1994 – Scheduled 1 (Regulation 2.05)................................................6
CONCLUSION................................................................................................................................9
APPENDIX:...................................................................................................................................10
REFERENCES..............................................................................................................................18

INTRODUCTION
The Migration law of the Australia regulates the rights of people over who can enter and
remain in Australia. It is the common wealth law and have a common application in the country.
The migration tends to change frequently regarding the making visa application. In the present
reports with taking relevance for the Migration act 1958 and The Migration regulation 1994
advise and solution to the different issues and problems associated with visa application and
other migration rules is provided. For giving advise coherence from the migration is taken and
the answers are provided with application of the rules in the given case scenario to given
coherent answers.
QUESTION 1
Explaining the condition on Visa
The visa condition in the Sally's Visa defnies certain restictions nad imitation on the stay of
Sally, these are
Condition 8547: this condition is related with the work restrictions. All the working
holiday visa are subject to this condition which defines that a Sally who is holding this visa
cannot work under employment of a single employer for more than 6 months without the
permission from the department of immigration
Condition 8548: states that Sally holing this condition in her visa cannot engage in
studies or training for more than a time of 4 months in Australia.
Condition 8503: This condition states that no further stay in Australia for Sally. This
means the Sally who have been living in Australia over a visa is not granted another visa under
any condition and must leave Australia on the expiry of the earlier visa. This condition requires
Sally to leave Australia after expiry of work visa.
Initial status of Visa Application
600 Visitor Visa
The visitor visa subclass 600 is for those people who wants to travel Australia as tourist,
to visit family or for business purpose. As Sally has made an application through the prescribe
route for the visitor visa subclass 600 but the immigration department have not yet decided on
the application. This means the status of visa application is pending and no decision have yet
been given by the department.
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Validity of applying visa for medical treatment Class UB, subclass 602
Medical treatment Visa subclass 602:
As Sally have met with an accident is required to be treated in Australia for a month or
more she has a valid reason for applying to medical treatment visa under subclass 602. As this
visa gives permission to person to further stay in Australia or to visit Australia for taking a
medical treatment or to accompany a patient or to donate an organ.
For this Sally is required to file the application prescribe from 48ME with not visa
application charges. Moreover, the application must be supported by all the evidential proof of
her requirement of treatment in Australia including her medical reports, X rays, treatment given,
further treatment needs and a form 1415 signed by doctor of Sally.
Validity requirement for this visa
The medical treatment visa (subclause 602) is a temporary visa for the people to and following
are the condition where Saly can apply for the medical visa
 have medical consultation or medical treatment in Australia,
 Donate an organ
 Support a person who is under Australian medial treatment.
 This visa allows the person to stay in Australia for the medical treatment, or to study for a
time of three months and can travel to Australia either ones to take medical treatment
until its completion or many times the person wants till the validity of the visa.
In accordance with all the above provision it can be stated that Sally have valid right to
make a Visa application for medical treatment in Australia under subclass 602.
QUESTION 2
The case of Jasdeep Singh Chug:
g. Identification of the breach of the regulation and professional conduct
The breach of regulations and professional conduct under the migration laws was found
in the case of Jasdeep singh chug. He was a former agent founds under the breach of regulations,
professional conduct and ethical principles under his tenure of the services with the migration
office. His registration gas expired in the December 2017 and he did not seek an application for
repeat or re registration again and continues to give services. Moreover, it was found that the
agent was listed as Waves consultancy with ABN of 37122101222 as the trading name as a
migration agent.
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There was a conflict of interest in the facilities of the employment of client who have
applied to get an employer sponsored permanent visa. The agents failed to identify and manage
the conflict of personal interest and work diligently, act competently and fairly with the matter of
client. The conflict of interest and all the above mentioned facts have been determined with the
facts that the agent knowingly submitted the fraudulent and wrong information in the support
documents of the client who have applied to get visa. He did not act in accordance and in
genuineness and capacity of the position hold by him. Moreover, he also failed in giving the
advise to the clients on the visa applications made by them when the department cancelled and
barred the sponsor.
The agent breaches the integrity of the employer sponsored visa program, and disregard
the laws and acts in contradiction of the code and professional standards which where the
requirements to be met by the agent and expected form a registered migrant agent. The agents
was found under the breach of the clauses of 2.1, 2.1A(d), 2.1B and 2.9 of the code of conduct
applicable on the registered migration agents.
h. The discussion of ethical, work and practice management and non communication issues
resulting in disciplinary proceeding against Jasdeep Singh Chug
A professional misconduct is defined under the professional conduct of Migration agent
registration, which is defines substantive and consistent failure to reach and maintain a
reasonable competence and diligence in practising the law and professional conduct. This
conduct includes gross overreacting, conflict of the interest, acting in the contradiction to the
prescribed instructions, misleading or dishonest professional misconduct and misappropriation of
money.
The investigation began against the Mr Chug when a client acceded him of receiving
$43500 for facilitating employer nomination for the purpose off applying 457 visa and
subsequent applying for a permanent employer sponsored visa for a restaurant that is owned by
the brother-in-law of Mr Chug. There were more allegation of the same nature that he took the
similar amount from other people as well for the employer nomination for the same restaurant
for their visas. The money taken from the applicant was used as pooling it to keep the restaurant
working and in supporting their visa application. The authorities of the office of the migration
registration stated that Mr Chug intentionally submitted the fraudulent information to the
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department in support of the visa applications of the client in relation to the genuineness of the
nominated position.
The migration agent Jasdeep was found under continuous misconduct of his professional
conduct and ethically engaged in moral misconduct as taking money form clients in the name of
fess for the applying visa rather used it for the personal interest. This stated that he was engaged
in gross misconduct, misused the money, acted in the contradiction of the law ans even he did
not communicate the applicant about the actual use of the money and hide the truth from them.
As a migrant agent he was required to act as per the defined laws and code of conduct instead he
acted reciprocally and indulge in that activities which was ethically wrong, lacks the work
management and there was a no communication to about the use and actual application of the
money to the application to who the money belonged in the first place. This lead to a disciplinary
action against Mr Chug as he was barred from being registered agent under the migration Agents
Registration Authority.
I. Explaining how the migration agent might have avoided the circumstances, which led to the
disciplinary proceeding
Mr Chug might have avoid this situation by indulging in ethical practice and with
upholding the moral perspective. The professional code must have been complied with and all
the action must be taken to benefit the client by avoidance of the conflict of interest. The
personal interest and profession interest must always be kept separated and no personal benefits
must be taken out of the money of the client as this is wrong both ethically as wall as
professionally. By strictly abiding with the codes of conduct and professional behaviour this
situation of disciplinary action can be avoided.
The migrant agent could have avoided this circumstances by following the professional
code of conduct and with indulging in the ethical behaviour. Moreover, he must have kept the
personal and professional conduct separate from each other as by this he could have avoided the
disciplinary action against himself.
QUESTION 3
The 8503 condition under Australian migration law: No Further Stay
A no further stay condition is that prevents the visa holder from applying for many
temporary and permanent visas while they are in Australia. In case such a condition is imposed
on someone's visa, that person is not eligible to apply for another visa except for the protection
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visa or ta temporary visa of a specific kind when that person is in Australian. When that person
departs from the nation the no further stay condition do not prevent that individual from applying
for other visas. This is conditions where a visa holder will not after entering in Australia be
entitles to be granted a substantive visa other a protection visa while they remain in Australia.
The Migration Act, 1958:
Section 46 (1A) provides the conditions for an application visa to be invalid if the
application is in the migration zone, since the last entering in Australia the applicant held a visa 1.
That is subjected to a condition described under section 41(2), and this condition have not been
waived of by the minister.
Section 41 (2)(a) provides the condition as without limiting the visa of specified or to
specified condition, and provides the same subject to the condition that despite anything else in
this act the holder of the visa will not be entities to be granted a substantive visa after entering in
Australia 2.
Section 41 (2A) defines that the minister under the definite circumstances have a right to
waive of a condition which is imposed under section 41 (2) (a) where the visa is subject to
certain specific regulation and limitations.
Section 46 (1) provides the circumstances where the visa application is valid of and only
if subjection to application of section 1 (A), (2), (2A), when the application made is for a visa of
the class specified in the application, it satisfy th e requirements specified in this section, the fess
defines to be paid is duly paid of and and the application is not prevented by any other provision
of this act which includes sections 48, 48A, 161, 164D, 195 and 501E3. Further more the visa
application must not be invalid under section 46A, 46AA, 46B, 91E, 91K and 91P.
Waiver of the condition 8503
Medical treatment (Class UB) subclass 602 visa:
The medical treatment visa vis the subclause 602 is a temporary visa for the people to:
 have medical consultation or medical treatment in Australia,
1
Medical treatment Visa. 2018
2 Migration Act 1958 (Cth) s41 (2A) . 2018
3 Migration Act 1958 (Cth) s46 (1A).
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 Donate an organ
 Support a person who is under Australian medial treatment.
 This visa allows the person to stay in Australia for the medical treatment, or to study for a
time of three months and can travel to Australia either ones to take medical treatment
until its completion or many times the person wants till the validity of the visa.
Application for medical treatment under subclass 602:
A person who wants to make a visa application for medial treatment in Australia can
make is while he/she in or outside Australia4. For applying in Australia the person must be
staying in Australia at the time of visa decision and vice verse for the outside Australia visa
application. It can be either made in writing or completing From 1447 “ no Further stay” waiver
request.
The Requirements to make the application for the visa of subclass 602:
A person can apply for this visa if any of the following conditions are applicable when
he/she has medical consultation or treatment in Australia, going there to donate an organ, lives in
country and is of the age of 50 or more and a permanent visa is refused on the grounds of healths
issues or coming to Australia as a patient, coming with a patient.
As per the prevailing condition of the Fidelma' visa, it can be seen that her visa have put
with the 8503 condition of no further stay in Australia. She has been imposed with a specifies
condition of 8503 under section 41 (2)(a) and it can only be waived of if the minister satisfy
upon her medical condition and requirement of treatment in Australia. Fidelma has an option tot
send form 1447 or written the request to waive of the condition to the minister. The request must
be supported by valid documents of her car accident. The form 1447 is attached in the appendix
at the last of this report5. She can fill in the form 1447 with attaching all the documents, reports
and to her evidences of her accidents occurred in Australia while her stay here and define the
medical condition as in the requirement to get a medical treatment in Australia to recover from
the injuries suffered by her in the car accidents she has served. If she chose to write an
application to the minister it must be written with defining all the condition of the condition
imposed in her visa id 8503 and how need to waive of the same. It must also be supported by the
evidential document. These documents might includes her medical reports of injuries suffered
4 Migration Regulations 1994 (Cth) sch 1Item 1214A (2)(a). 2018
5 Migration Act 1958 (Cth) s41 (2A). 2018
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such a bodily harm, injuries fractures, bruises or their condition for which she need a continues
treatment in Australia itself.
With filling in this application Flemida can get a temporary visa to stay in the Australia
till completion of her medical treatment or to come go in Australia for her treatment till the
expiry of this visa. With condition being waived she can apply for another visa without having
to leave the country and this is on the discretionary power of the migration authority to grant the
visa application or not. Form 1447 or the written letter must be sent to
[e-mail] or it can be posted to the
Address:
Department of Immigration and Border Protection
Brisbane No Further Stay Waiver Request Processing Centre
GPO Box 9984
Brisbane Qld 4001
The ministers or the department of Migration have an authority to grant the waiver application or
reject the same by seeing the authenticity of the medical evidences over the requirement of
waive of the 8503 condition imposed on the visa of Fidelma.
QUESTION 4
Migration Regulation 1994 – Scheduled 1 (Regulation 2.05)
Schedule 1: 1214 A – Medical treatment (visitor) (class UB)
Item 1214A (1):
This section is related with those who are visitors in Australia and been given visa for
medical treatment6. This section defines the requirement which includes filling a form which is
approved from the specifies by the ministers in a legislative instrument made oft this item under
subregualtion 2.07 (5).
Item 1214 A (2)(a)
The charges applicable for the visa application are, the first instalment is payable the time
when application is made, this is applicable the person who was in Australia at the n making the
application and it does not apply to a person who is acting as a representative of a foreign
government or those whose application is combines or seek to be combined with an application
by that representative of foreign government.
6 Migration Regulations 1994 (Cth) sch 1Item 1214A (1),. 2018
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The payment of the visa application made for taking a medical treatment is payable as
under:
First instalment:
Particular Amount
Charges of basic application $2470
Additional charges for the applicant who is 18
or more years
$1235
Additional charges for the applicant who is less
than 18 years of age
$620
The additional charges are applicable in the cases of combines application which is made
by an applicant who claims to be the member of the family unit of another applicant7. The
second instalment is to be payable at the time of grating the visa which is nil.
Visa Application charges
The Visa application Charge (VAC) is the fee that must be paid for a visa application to
the Department of Immigration and Border Protection. In some cases there is no (nil) fee.
As per the given list of Visa Application charges, applicable by the Department of Home
Affairs for the subclass of 602 a person making an application for ,medical treatment for the
primary application is $528 and for the dependents who is either 18 or above or below this
charge id not applicable over them.
Item 1214A (3)(c)
The further sub clauses of this section defines other requirement to make the application
which includes that the application must be made at the place and in the same manner specified
by the ministers (if any) and in the legislative instrument8. When making the application the
applicant must not be in immigration clearance but he/she can be in or outside Australia.
Form 48ME
7 Migration Regulations 1994 (Cth) sch 1Item 1214A (1). 2018
8 .Migration Regulations 1994 (Cth) reg2.05 (4). 2018.
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This is the form which is related with filing a visa application to the migration office in
Australia to get a visa for medical treatment in this country9. This form is applied for a visa to
visit Australia for medical treatment or to accompany someone who is seeking medical
treatment. The applicability for this form to apply fro medical treatment visa is granted when be
or more of the following conditions are fulfilled:
 The person making the application have an arrangement for undergoing a treatment
including the organ transplant or for consultation in the Australia which includes
arrangement for payments.
 The medical condition is not such which is threat to the public or their health in the
Australia,
 there are no disadvantages by treating such person to the citizens or the permanent
resident in the Australia,
 the applicants have sufficient funds to support his/her treatment and the person who
he/she is companioning,
The document which must be provided with the visa application for medical treatment in
Australia must be supported by the evidence documents which are given mentioned in the
Application checklist includes:
 A letter form the treating doctor in the Australia which clearly outlines the medical
condition of the applicant which includes the estimation of time frame of the treatment as
well as the cost.
 The applicant must show the evidence of having sufficient money to undertake the
treatment and those who have come with him/her.
 A letter from of satisfaction regarding the payment from the doctors or the hospital of
taking the treatment.
Form 1507:
The form 1507 must be filled in a by a medial practitioner who is registered in Australia
to that person who is intended to apply for a subclass 602 visa for medical treatment. The person
having an intention is required to fill in the form and then get is signed by the medical
9 Migration Regulations 1994 (Cth) sch 1 Item 1214A (3)(c),2018.
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practitioners from making an application in Australia if that person does not hold a substantive
visa at time of application.
For the given factual case scenario of the Flemida it can be seen that as per the given
requisites of the items of Schedule 1 of the Migration regulation 1994 reg 2.05 it can be stated
that she is eligible to make an application visa for the medical treatment under item 1214A as per
the prescribes instruction of the minister 10. As per the section 1214A {3}{c) she is not under
immigration and onshore in Australia so she is eligible to make the application under subclass
602. For the visa application charges she is required to submit a fee of $258 in addition to $2470
as per item 1214A (2) (a) as this required is not needed for the year 2019. Moreover, the Form
48ME is required to be submitted by her to file a medical treatment visa application. The form
1507 is also a requirement as per the item 1214A (1) which is a requirement for her as she does
not have a substantive visa at the time of making this application.
CONCLUSION
For the above report it can be stated that the rules under the migration laws are
competent enough to make a person stay and leave the Australia with immediate effect. It has
been identified that on whose visa condition 8503 is imposed can only stay that or visit the
country by taking a medical treatment visa under subclass 602. Moreover, it has been articulated
that to get the medical treatment visa in the Australia there are many requisitions that must be
complied with which has been defined under the Migration Regulation 1994 – Scheduled 1
(Regulation 2.05). This requires filing from 48ME, get signed Form 1057 by the doctor.
Furthermore, it has been interpreted with the case of Jasdeep singh chug who was a former
migration officer in Australia that breaches of regulations, professional conduct rules and ethical
principles directly lead to the disciplinary proceeding as he was barred form the migration office
or 5 years.
10 Migration Regulations 1994 (Cth) sch 1, Item 1214A . 2018.
10

APPENDIX:
No further Stay waiver Request
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REFERENCES
Online
Medical treatment Visa. 2018. [Online]. Available through
:<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/medical-treatment-
602#Eligibility>.
Migration Act 1958 (Cth) s46 (1A). 2018. [Online]. Available through
:<http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s46.html>.
8 Migration Act 1958 (Cth) s41 (2A) . 2018. [Online]. Available through
:<http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s46.html>.
Migration Act 1958 (Cth) s41 (2A) . 2018. [Online]. Available through
:<http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s46.html>.
Migration Regulations 1994 (Cth) reg2.05 (4). 2018. [Online]. Available through
:<http://www6.austlii.edu.au/cgibin/viewdoc/au/legis/cth/consol_reg/mr1994227/
s2.05.html>.
Migration Regulations 1994 (Cth) sch 1, Item 1214A . 2018. [Online]. Available
through :<http://www6.austlii.edu.au/cgibin/viewdoc/au/legis/cth/consol_reg/mr1994227/
s2.05.html>.
Migration Regulations 1994 (Cth) sch 1 Item 1214A (3)(c) . 2018. [Online]. Available
through :<http://www6.austlii.edu.au/cgibin/viewdoc/au/legis/cth/consol_reg/mr1994227/
s2.05.html>.
4 Migration Regulations 1994 (Cth) sch 1Item 1214A (1). 2018. [Online]. Available
through :<http://www6.austlii.edu.au/cgibin/viewdoc/au/legis/cth/consol_reg/mr1994227/
s2.05.html>.
Migration Regulations 1994 (Cth) sch 1Item 1214A (2)(a) . 2018. [Online]. Available
through :<http://www6.austlii.edu.au/cgibin/viewdoc/au/legis/cth/consol_reg/mr1994227/
s2.05.html>.
Migration Regulations 1994 (Cth) sch 1Item 1214A (1),. 2018. [Online]. Available
through :<http://www6.austlii.edu.au/cgibin/viewdoc/au/legis/cth/consol_reg/mr1994227/
s2.05.html>.
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