Australian Migration Law

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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