Department of Border and Immigration Protection
Added on 2020-03-16
8 Pages1859 Words74 Views
Running head: MIGRATION LAWMigration LawName of the student:Name of the university:Author note
1MIGRATION LAWToDepartment of Border and Immigration ProtectionAustralia Sub. Application towards non-cancellation of visa on character ground.Respected Sir,With due respect and humble submission, I would like to inform you that the visa ourclient hold is temporary in nature and the character of the visa attracts the provision of subclass 444 visas. He was working in the provinces of Australia. The department has decided tocancel the visa by following up the rules mentioned under section 501 of the Migration Law1958 based on the following grounds:The Migration Act that has been enacted in the year 1958 governs the problemregarding the visa matter1. The department is fulfilling its responsibilities for many years inthis ground and has been made a number of legislations to deal with the related matterssystematically. The Act has provided certain grounds regarding the cancellation of visa of thenon-Australian citizens. The reason behind the same is to control the rate of crime done bythe non-resident of Australia and to secure the national safety of the nation2. The provision of section 501 of the Migration Act has provided certain groundsregarding the cancellation of visa. The provision of the visa has been applied to every non-resident of Australia even if the person is living in the provinces of Australia for l.ong. it hasbeen stated under the Migration Act that if the concerned authority regarding the migration or1Hollifield, James, Philip Martin, and Pia Orrenius.Controlling immigration: A global perspective. StanfordUniversity Press, 2014.2Fitzgerald, Jennifer, David Leblang, and Jessica C. Teets. "Defying the law of gravity: The political economyof international migration."World Politics66.3 (2014): 406-445.
2MIGRATION LAWthe ministry had cancelled the visa of any non-resident, the same could not be appealedbefore any competent court or tribunal. The visa of a person can be cancelled on the ground of character test3. It has beenstated under the provision of section 501 that if the ministry acknowledge the fact that thecharacter of the visa holder does not satisfied the limitations that are being mentioned underthe section 501 (6) of the Act, the ministry has a choice to cancel the visa of the person4. Ithas also been stated that it is the discretionary power of the ministry to cancel the visa of theperson in case he has failed to qualify the necessary grounds mentioned under section 501 (6)of the Act. The visa holder can get the option to apply for cancellation of visa on certainhumanitarian grounds. The applicant may have certain review options to deal with theproblems. The first option is merit review that can be applied before the AdministrativeAppeals Tribunal. The second option is judicial review that can be filed before the Federalcourt or High Court. The third and the last option regarding the same is the minister’sdiscretionary power over the cancellation. Option may also accrues regarding the ministerial decision number 65, it can be statedthat the non-citizens have the power to revise the order of cancellation. A request has beenmade to the Department of Immigration and Border Protection that the power to cancel thevisa is a discretionary power. It is also to be stated that the family members of my client willbe hugely affected if the visa was cancelled, as my client is the only earning member.3Tham, Joo-Cheong, Iain Campbell, and Martina Boese. "Why is Labour Protection for Temporary MigrantWorkers so Fraught? A Perspective from Australia." (2016).4Markus, Andrew. "Australia’s Immigrants: Identity and Citizenship."Citizenship in TransnationalPerspective: Australia, Canada, and New Zealand(2017): 225.
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