Graduate Diploma of Australian Migration Law

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AUSTRALIAN MIGRATION LAW

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Introduction
People wishing to travel may apply different types of visas based on the nature of their planned
stay in the country. 1For each class of Visa, there are certain conditions that the applicants must
meet before they are issued and as such various conditions are imposed on the visas. There are
different conditions that may be imposed on a visa such as conditions; 8101.8503 and 8558 just
but to mention a few. These conditions often have various restrictions and requirements, for
instance, no work and no further stay, among others.
Elisa travelled from Bosnia on her Subclass 600 visitor visa. Her subclass 600 visa had the
following conditions imposed 8101, 8201, 8501, 8503 and 8558. While still in Australia, Elisa
lodges and application for a subclass 417 visa and at this very time, her subclass 600 visitor visa
is still active and valid. Her former migration advises her lodge an application for a protection
visa subclass 866. Her former immigration agent is very reluctant in putting anything down and
based on this scenario; the agent commits several breaches.
This paper will critically analyze Elisa's case stating whether she could make a valid application
for a subclass 428 temporary skilled shortage visa based on her situation and circumstances.
Also, a description on some of the conditions on her subclass 600 visa will be addressed as well
1 Timpson, Richard. "Character-based visa cancellation." Proctor, The 36, no. 8 (2016): 16.
Hoang, Khanh. "Bad character: Visa cancellation on the basis of involvement in criminal
conduct." (2015): 7.

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as the status of her subclass 417 working holiday visa that she had applied. Lastly, some of the
breaches that her former migration agent conducted will also be highlighted.
Whether she can make a valid application in Australia for a Class GK (Subclass 482)
temporary skilled shortage visa
Subclass 482 temporary shortage skill visa is a special kind of temporary visas that allows its
holders to stay in Australia and at the same time work in full-time basis for an employer who
should be the one sponsoring them for the Visa in the first place. 2This class of Visa has several
special provisions attached to it since one may decide to include some of the dependent family
members. Moreover, all applicants for this kind of visas should always have the capacity to
match the skill set of the identified job position they are being sponsored for. Besides, if they are
not permanent residents or citizens of the United Kingdom, New Zealand, Canada, Ireland and
the United States, they should provide their English language requirements during application.
Looking at the nature of Elisa circumstances and the situation she is currently in, she cannot
make a valid application for a subclass 482 visa. She has condition 8503 imposed on her Visa.
This is a condition that is mostly imposed on temporary visas the visitor subclass 600 being one
of them. The law provides that when a visa is subjected to condition 8503, the applicant is not
2 Cameron, Matthew. "From “queue jumpers” to “absolute scum of the earth”: Refugee and
organised criminal deviance in Australian asylum policy." (2013): 241-259.

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allowed to apply for any other visa while still in Australia except for a protection visa only.3 As
depicted above, Elisa's subclass 600 visa had condition 8503 imposed in it and as such she
cannot make a valid application under the Australian Migration Act, 1954 (Cth) for a subclass
482 visa. In the case where she makes one, it will not be considered as it is in breach of a
previous visa condition.
Elisa's Visa conditions
Various conditions have been imposed on Elisa's current subclass 600 visitor visa. Some of the
conditions imposed herein comprise of conditions 8101, 8201, 8501, 8503 and 8558. 4All these
conditions have various implications as defined in the Migration Regulations 1994-sch(8)
2.05(1) and (2).
5Condition 8201 imposed on a visa implies that a holder of such a visa should not get involved in
any form of studies or training that surpasses three months. There are, however, several visas on
which such a condition does not apply. 6Some of these classes of Visa are; Subclass 590(Student
Guardian) visa, Subclass 675(Medical Treatment-short stay) visa, Subclass 685 (Medical
3 Australia, Migration Act 1958, s. 501
4 Australia, Migration Agents regulations 1998, s.8
5 Walsh, James. "From nations of immigrants to states of transience: Temporary migration in
Canada and Australia." (2014): 584-606.
6 Gerkens, Murray, D. Yau, S. Ozyurek, and Rodger Fernandez. "Australian Migration
Legislation Collection." (2016).