Understanding Visa Conditions and Medical Visa Requirements in Australia

Student Name 1
Migration Laws in Australia
By Students Name
Course
Professor
University
City and State
Dates

Student Name 2
Task 1
Section A
Visa Condition
For one to understand the different visa conditions within the Australian migration regulation, it
is important to have a clear understanding of what these visa conditions represent. They can
simply be identified as regulations that are defined by the Australian migration regulation body
that are to be complied with by the visa holder and a neglect of these laws result to legal charges
on the visa holder. These conditions are place in two distinct categories namely the discretionary
and the mandatory visa conditions. Mandatory visa conditions are those conditions that are
provided with a MUST condition set by the migration regulation. On the other hand, the
discretionary visa conditions are provided with a MAY be in the instance where the decision
maker is introduced to the picture to make the decision involving a particular condition. A
violation of these visa conditions results to cancellation of the visa in accordance with the
Australian Migration Act Section 116(1)(b).
In relation to our case, her visa has multiple conditions that need clear verification for her to
understand these conditions these are 8101, 8201, 8503. Condition 8101 on her visa restricts her
from engaging in any form of work within the borders of Australia. This means in case she is
found working with this visa she is in violation of the migration regulation. The condition
restricts her from indulging in any form of business within the country during her stay since the
condition specifically defines the form of her visa has a limitation towards work related
activities. The other condition on her visa is the 8201 condition which stipulates that the holder is
not to engage in any training within the country which extends a duration of more than 3 months.

Student Name 3
The training can either be educational purposes or another form of training1. It allows the visa
holder to participate in trainings which are of less than that duration and in any chance, this is not
the case then the visa older is in violation of the migration regulation body. However there are a
few exceptions which are covered under the subclause (1) and specify some of the visas with
these exceptional. Subclause 580 (Student Guardian) visa this is in relation to a case where the
holder is undertaking an ELICOS of less than 20 hours every week, Subclass 602 (Medical
treatment) in which the visa holder is under 18 years, the holder experiences a change of
circumstances while in Australia or has a written permission from the ministry that allows them
to engage for more than three months in any particular studies or training in the country based on
compelling and compassionate circumstances2. This applies to visa Subclass 675 (Medical
treatment (Short term)) and via subclass 685(Medical treatment (Log term)) as well.
In respect to our case, the visa holder also has another condition which is 8503 which clearly
states that the via holder cannot get a substantive visa after they have entered the country, other
than a protection visa while they are within the borders of Australia. This is in respect to the
Australian Migration Regulation. A substantive visa is inclusive of all the other types of visa
with an exception of a bridging visa, an enforcement visa or a criminal justice visa. The
observation of all these visa conditions is important for the card holder to ensure that they do not
lose their visa while in the country which result to them being deported back to their home
country.
1 Brabeck, Kalina, et al. "Ethical ambiguities in participatory action research with unauthorized
migrants." Ethics & Behavior 25.1 (2015): 21-36. Cambridge University Press.
2 Lester, Eve. Making Migration Law: The Foreigner, Sovereignty, and the Case of
Australia. (2018) 6 Cambridge University Press

Student Name 4
Section B
As seen from our case her visa has expired but she had already applied for the other visa before
the expiration of her current visa. This indicates that her visa status has already expired but she
has the application that is yet to be approved, with this in mind and that application approval in
process it is important for her to apply for a bridging visa. If one is to calculate the time she has
been in the country as per the information given, it is evident at that her visa has expired roughly
a week ago but fortunately she had made arrangements for a new visa. Its important to also
understand what a bridging visa is, and as per the Australian Migration regulation a bridging visa
is a temporary visa that will allow her or any other migrant in Australia to stay in the country
after he previous substantive visa has ceased to be operational and the holder has applied for the
other visa3. As per condition 8503 as seen in the previous section, she has the right to apply for
the bridge visa since these falls under the exceptional visa. But it is also important to consider the
part where she is required to make changes to the nature of via to apply for. since she had earlier
applied for a visa class FA subclass 600 this has to be changed to a Medical Treatment (Class
UB) (subclass 602) since her stay at this point is not on the basis of tourist but a patient who is in
the country for medical reasons.
Section C
After the injury in respect to our case, she requires a temporary medical visa that can give her
the rights to be in the country legally for medical purposes. The Australian migration regulations
has provided a visa provision for such cases in the country that is referred to as the Medical
3 Brabeck, Kalina, et al. "Ethical ambiguities in participatory action research with unauthorized
migrants." Ethics & Behavior 25.1 (2015): 21-36. Cambridge University Press.