Australia Visa Application Scenarios

The assignment presents a case study of Mary, an individual seeking to live in Australia after completing her studies. It examines her initial attempt to apply for a skilled subclass 485 visa and its subsequent rejection due to ineligibility. The analysis then shifts focus to the appropriate visa subclasses (partner visa subclasses 820 and 801) suitable for Mary's situation, outlining their eligibility requirements and benefits. The document also highlights potential challenges Mary might face based on her expired student visa status and potential breaches of immigration regulations.

Running head: AUSTRALIAN MIGRATION LAW
Australian Migration Law
Name of the Student
Name of the University
Author Note

1AUSTRALIAN MIGRATION LAW
Table of Contents
Part One...........................................................................................................................................1
Question One...............................................................................................................................1
Part Two...........................................................................................................................................4
Question One...............................................................................................................................4
Question.1.a)................................................................................................................................4
Question Two...............................................................................................................................6
Question.2.a)................................................................................................................................6
Question.2.b)................................................................................................................................7
Question.2.c)................................................................................................................................7
Question 3....................................................................................................................................8
Reference.......................................................................................................................................11

2AUSTRALIAN MIGRATION LAW
Part One
Question One
a) The 417 Working Holiday Visa (Subclass 417) is one of the common temporary visa
systems for the young people who comes for holiday and grab the permission for working
in Australia. They are allowed to have the work permit for 1 year where the visa helps to
encourage them in the cultural exchanges and become more close with the Australia and
the eligible country of the visa holders.
Here according to the case study, Steven who is about 28 years old arrived in Australia from
United Kingdom has already a 417 Working Holiday Visa. After completing the Regional
Australia he is required apply for the second time for 417 Working Holiday Visa. When the visa
holder of the 417 Working Holiday Visa (Subclass 417) is applying for the second working visa
then the applicant should present in the Australia. If someone applies for the second time visa
application then he or she should be in the outside of the Australia. In this visa permit they are
required at least 6 months of working experience in Australia. There are some important
requirements which need to fulfill by the visa applicant1. Those are:
 The applicant should complete the age of between 18 to 30 years old
 There should have a valid passport which includes at least 6 months of passport renewal.
 The applicant also needs to have enough funds which will help the applicant for
supporting own self.
1 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and 485
Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.

3AUSTRALIAN MIGRATION LAW
 At the time of first visa he or she needs to complete the minimum of 3 months or 88 days
of specified work which is mentioned in the visa application under the regional
Australia2.
 The visa applicant should have the proper health and character approval certificates.
 The applicant should have not any records of the substantial criminal conviction.
 The applicant should not have any records of any major substantial medical issues3.
 The applicant also not has applied for the Australia on a Work and Holiday (462) visa in
previously.
 The visa application is not applied for the dependent children when they are staying in
Australia.
 When the visa holder of the 417 Working Holiday Visa is applying for the second
working visa then the applicant should present in the Australia and if not then the
applicant must not apply more than 12 months before the applicant travel to Australia.
b) The Visa condition of 8547 defines that the visa holder should not be employed for more
than 6 months under one employer without the written permission of the Secretary4.
The Visa condition of 8548 defines that the visa holder should not enter or engaged for more
than 4 months with any education organization for studying and training5.
2 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
3 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and 485
Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.
4Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
5 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.

4AUSTRALIAN MIGRATION LAW
When the students come to Australia for having a full time educational training or studying
in a registered educational institution then the student need to apply for a Student Visa (subclass
500). The requirements for the valid application for a student visa subclass 500 are:
 The applicant must provide the proper evidence for the enrolment of their application
lodgment6.
 The visa applicant needs to complete the health testing as per the process of the visa
application7.
 The applicant should have the integrity measures under the genuine temporary entrant
(GTE) where it helps to the student for complete the visa program.
 The applicant should have proper evidence where the =y are bound to prove the
evidence of recent employment.
 If the visa applicant is in under the 18 years of age then it will not allow to process.
However, the parents will apply the application form of 1229. Along with the form
they are also requires having proper accommodation and welfare arrangements.
 When the applicant is dependent school enrolment then the enrolment in one of the
Australian school is required.
 The applicant must have proper knowledge of English and the applicant also required
to give test of IELTS, TOEFL, PTE, CAE, and OET where the required score will
help to get the visa8.
6 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
7 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and 485
Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.
8Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.

5AUSTRALIAN MIGRATION LAW
 The applicant also requires having enough of capital capacity where he or she will
able to pay the cost of education in Australia.
 The dependent applicant’s family members should have a combined Student visa
application for joining the main applicant to staying in Australia. According to the
student visa the parents can stay in Australia unto 3 months and if they are intended to
stay for more that 3 months then they are required having their own visa.
 The visa applicant must have the adequate health insurance while they will stay in
Australia. The Overseas Student Heath Cover helps to provide the health insurance
for the visa applicant9.
Part Two
Question One
Question.1.a)
According to the Australian visa system Work and Holiday visa (subclass 462) provide the
solutions for the applicant whenever they are travelling to Australia for the holiday purposes and
want to involve in work for a temporary purposes then the visa holder should apply for the work
permit and along with the holiday get the legislation of Work and Holiday visa (subclass 462).
The visa application helps the visa holder to stay in Australia for at least 1 year to work harder
and in between this time and work together10. The visa helps to the visa holders to the visa helps
9 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
10 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.

6AUSTRALIAN MIGRATION LAW
to encourage them in the cultural exchanges and become more close with the Australia and the
eligible country of the visa holders11.
Therefore under the Class FA subclass 600 Tourist Stream Visa when Pippy applied then it
was only providing him for the tourist visa purposes. However, when he was having the shortage
of money then he tried to work in a local café. However, it breaches the rules of the 600 Tourist
visa. While he can apply for the Work and Holiday visa (subclass 462) which provide him the
work permit along with the holiday’s permission for up to 1 year. When they are applying for the
visa the applicant need to complete the age of 18 – 30 years and should carry a valid passport.
The visa application should have at least 6 months of renewal of the visa application. It allows a
visa holder to stay up to 12 months and work permits of up to 6 months under the employees12.
b) According to the Code of Conduct the Registered Migration Agents are entitled to follow
the rules where they will involved with the fair ethical conducts. The Migration Agents
Registration Authority (MARA) provide the regulation of the migration process where
the migration agents are works according to the self regulation. Therefore it is the duty of
the migration agents that will work with their client with a fair conducts and diligence of
their duties. They must work according to the law where it provide the legislation of the
registered migration agents13.
Now if the migration agent provides any invalid application then he will breach the Code of
Conducts. According to the Code of Conduct the migration agent must not involved in any
11 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and
485 Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.
12Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
13 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and
485 Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.

7AUSTRALIAN MIGRATION LAW
activities where they ever involved with any illegal or unethical activities while they are
appointed as the migration agent under the migration law. Providing a wrong application in the
migration visa process is breach the duties of the code of the conduct14.
The migration agents are not make any statement in the support of the application which is
believe as that they are misleading or deceptive the government authority which is against of the
Code of Conducts according to the Migration Law. Therefore, they are not engage in any false or
misleading advertising which make the punishment for them. However if it was found that the
migration agent is submitting any wrong application on the government authority then they will
take legal obligation against the migration agent.
Question Two
Question.2.a)
Protection Class XA Subclass 866 Protection Visa provides the visa to the applicant who wants
to take the permanent resident in Australia. The applicant should fulfill the requirements which
include:
 The person should require for the protection under the Australian government who can be
stay in the defacto relation or marry any person.
 The person can be recognizing as the refugee under the Australian Law. According to the
race, religion, political opinion, nationality or must belong from any particular social
group15.
14 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
15 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.

8AUSTRALIAN MIGRATION LAW
 The applicant need to prove that there is any emergency requirements for the removal of
the country origin which will be risk to her16.
 Therefore the applicant should represent the facts where they need to prove that they are
staying in Australia or working or studying in Australia.
 The applicant is also requiring having a health care scheme of Australia.
 The applicant must have the approval of the Australian citizenship and eligible relatives
who have permanent residence in Australia.
Question.2.b)
Under the Migration Law the visa applicant need to pay $35 as the basic application charges who
are require to have for the Protection (subclass 866) visas lodged in Australia. The Temporary
Protection (subclass 785) visa lodged in Australia will required to pay $1020 as the basic
application charges17.
The Visa applicant can able to apply for the application through electronically. Therefore
she needs to apply under the e Refugee Review Tribunal (RRT). The application form should
apply within 28 days after the notification by the DIBP. There is another way is applicable for
the applicant to apply under the 866 Protection Form.
Question.2.c)
The protection visa application will help to the applicant to lodge the application which will help
her to complete the visa processing. She is required to:
16 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and
485 Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.
17 Murphy, Kerry. "Breaking down the 457 visa changes." Eureka Street 27.7 (2017): 8.

9AUSTRALIAN MIGRATION LAW
1. Lodge application for Protection Visa subclass 866 (XA). This includes an application for
a Bridging Visa E18.
2. If decision is negative you can sent your application for review to the Refugee Review
Tribunal (RRT). This must be lodged within 28 after being notified by DIBP of your negative
decision19.
3. If the RRT decides negatively and there is an error of Law, the case can be appealed to the
Federal Circuit Court.
4. If the Federal Court decides there is no error of Law you can request the Minister for
Immigration and Border Protection to intervene and grant a visa if you can convince him/her it is
in the “public interest” to do so20.
Question 3
According to the case study, Mary wants to get marry with his partner John as per the partner
visa. Mary and John both of them are came to Australia with their student visa from different
countries. Now John has already has his passport of Regional Employer Nomination (Permanent)
(Class RN) subclass 187 but Mary applied according to the Skilled (Provisional) (Class VC)
subclass 485 visa which was not proceed. However when they decided to get married each other
Mary can apply for the partner visa because John has permanent resident in Australia which is
one of the important ground for getting the visa21.
18 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and
485 Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.
19 Murphy, Kerry. "Breaking down the 457 visa changes." Eureka Street 27.7 (2017): 8.
20 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
21 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and
485 Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.

10AUSTRALIAN MIGRATION LAW
According to Skilled Regional Professional visa (subclass 489) the applicant should
eligible for different requirements which includes the applicant must hold a subclass of 475 or
487 or any Visa and nominated by a state or territory which has Government sponsored by the
applicant’s relative. The applicant must have a relevant occupation and he or she should pass the
test and the age which must be under the 45 years22. Therefore, when Mary has applied for the
skilled visa (subclass 485) then the authority declared it as invalid because she stayed in
Australia according to the student visa. Therefore the application for the skilled subclass 485 visa
has been denied and declared invalid because the requirements of the visa has not matching with
Mary’s application23.
Mary need to apply according to the Partner visa subclasses 820 and 801 where the
applicant need to fulfill all the terms of the eligibility which include the person should be married
or in de facto relationship with and citizen of Australia or an Australian who has permanent
residential or any eligible New Zealand citizen. It also include that the marriage should prove the
validity under the Australian law which also allow the partners or the applicant to have the
parental permission. The partner visa subclasses 820 and 801 provide the provisions of eligibility
where the partner of the spouse of the Australian citizen or Australian permanent resident or
eligible New Zealand citizen who lives in Australia and the temporary partner visa subclass 801
provides the eligibility which allows the applicant to stay in Australia when the other partner visa
is under process24. Under the temporary 820 visa the applicant has some particular time until a
22 Murphy, Kerry. "Breaking down the 457 visa changes." Eureka Street 27.7 (2017): 8.
23 Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions among Asian
working holiday makers in Australia: A qualitative approach." CAUTHE 2014: Tourism and Hospitality in the
Contemporary World: Trends, Changes and Complexity (2014): 429.
24 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and
485 Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.

11AUSTRALIAN MIGRATION LAW
decision is made according to the permanent partner visa subclass 801 and if the permanent 801
visa has been allowed for the applicant then he or she can live in Australia for permanently25.
Here another issue may Mary can face because after her student visa has been expired she
should be renew her Visa and apply for the partner visa therefore according to the code of
conducts she breaches the rules26.
25 Murphy, Kerry. "Breaking down the 457 visa changes." Eureka Street 27.7 (2017): 8.
26 Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The Consequences of 417 and
485 Visas in Australia." Unintended Consequences: The impact of migration law and policy (2016): 53.

12AUSTRALIAN MIGRATION LAW
Reference
Robertson, Shanthi. "Intertwined Mobilities of Education, Tourism and Labour: The
Consequences of 417 and 485 Visas in Australia." Unintended Consequences: The impact of
migration law and policy (2016): 53.
Nagai, Hayato, Pierre Benckendorff, and Aaron Tkaczynski. "Exploring travel risk perceptions
among Asian working holiday makers in Australia: A qualitative approach." CAUTHE 2014:
Tourism and Hospitality in the Contemporary World: Trends, Changes and Complexity (2014):
429.
Renshaw, Lauren. "Migrating for work and study: The role of the igration broker in facilitating
workplace exploitation, human trafficking and slavery." Trends and Issues in Crime and
Criminal Justice 527 (2016): 1.
Wright, Chris F., et al. "Economic migration and Australia in the 21st century." (2016).
Murphy, Kerry. "Breaking down the 457 visa changes." Eureka Street 27.7 (2017): 8.
Wishart, Alison. "Travelling for love: Long distance relationships in Australia." Australasian
Journal of Popular Culture 5.2-3 (2016): 107-123.
Crock, Mary, and IMPALA Consortium. "Law as an agent of social transformation: trends in the
legal regulation of migration." Social Transformation and Migration. Palgrave Macmillan UK,
2015. 269-282.

13AUSTRALIAN MIGRATION LAW
Crock, Mary, and IMPALA Consortium. "Law as an agent of social transformation: trends in the
legal regulation of migration." Social Transformation and Migration. Palgrave Macmillan UK,
2015. 269-282.