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Report on Australian Migration Law & Omara

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Added on  2020-06-06

Report on Australian Migration Law & Omara

   Added on 2020-06-06

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AUSTRALIAN MIGRATIONLAW & OMARA
Report on Australian Migration Law & Omara_1
TABLE OF CONTENTSTASK...............................................................................................................................................1REFERENCES................................................................................................................................4BIBLIOGRAPHY............................................................................................................................5
Report on Australian Migration Law & Omara_2
TASKKaran is an appellant in the case who is 41 years old citizen of Fiji. He had travelled fromhis country to Australia in 2000 on visitor’s visa to visit his family. He married with anAustralian citizen on 22nd August, 2015. Thereafter, on 10th February 2016, he had filed anapplication for waiver of “no further stay” condition that was applied on his Visa. He wanted tostay with his wife who was approximately seven months pregnant at that time. He had claimedthat his wife required medical treatment for her mental and physical well-being. . The application for waiving of “no further stay” condition was filed pursuant to section41 (2A) of Migration Act, 1958. In order to support the application; on 9 February 2016, bothMr. Karan filed statutory declaration and have provided medical certificates related to the healthissues faced by his wife. On this application, Department of immigration and Border Protectionhad asked appellant to submit medical information related to psychological conditions. MsBrown is the psychologist who had prepared medical report of Mr. Karan’s wife thatsubstantiates mental issues faced by her. In this, it has been assessed that his visa was not in linewith the regulation 2.05 Section 8 cl 8503 of Migration Act 1958. Appellant had file applicationin order to waive off the condition 8503 mentioned under. But in the final decision judge hadrefused his application to waive off “no further stay” condition. Moreover, schedule 8 ofMigration Act (1994), clearly presents that after entering in Australia; the concerned holder ofvisa is not entitled to be granted with a substantive visa; except protection visa. Hence, 8503 ofMigration Act (1994) is applicable when the holder of visa remains in Australia. Thus, on thedate of judgement Siopis J accepted Mr. Karan’s request in relation to staying in Australia withhis wife.Application to DelegateKaran had filed an application on 10th February 2016 to waive off of the “no further stay”condition that is applicable on Visa. Regulation 2.05 consists of some conditions which areapplicable to visas. By taking into account the regulations 2.05 (4) and subsections 41 (2) (a) ofAct delegate accepted the appellant desire in relation to staying in Australia with this wife. Appeal to Federal Circuit Court1
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