Immigration Law; Case Study

Immigration Law 1
Immigration Law; Case Study
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Immigration Law 2
To: Jacob Hassan & Mr. Meyer
From:
Subject: Immigration Law; Case Study
INTRODUCTION
Most countries in the world have over the past years strived to open their economic hands to
skilled foreign workers with brilliant business ideas. This is because these categories of workers
help in growing the economy of the relevant country. Australia, just like other states, has not
been left behind in this initiative; that is, the admission of skilled, talented immigrants into
Australia to conduct business.1 It is without a doubt that no country is immune to experiencing a
shortage in the number of skilled labourers. Therefore, it is essential that as a state, there should
be laws, policies, and regulations that are geared towards addressing and providing solutions to
such skilled labour shortages by allowing skilled immigrants to enter and grow the economy of
Australia through their work. Jacob Hassan is a renowned engineer in Britain. He possesses great
prowess and knowledge in petroleum engineering as his work is unique and widespread across
Britain. Jacob's name is echoed throughout Great Britain as having been the creator of the
electric car that Prince Harry used during the royal wedding. However, due to the heated Brexit
debate that is straining Britain's relationship with other countries, Jacob is unsure whether Britain
would be the place for him to realize his dream of creating a hydrogen-based fuel for cars.
Luckily enough, he meets David Meyer - a well-established Australian businessman and head of
Innovative Technology and Engineering, and he expresses his ideas and desire to work in
Australia if he was sponsored by David. This work seeks to give options to both Jacob Hassan
and Mr. Meyer on which they could explore thus enabling them to facilitate Jacobs travel to
Australia so that he could realize and achieve his dream of the creating a fuel that preserves the
environment.
Regulations, Policies, and Legislations; Discussion
1 Kathryn A Canas and Harris Sondak, Opportunities And Challenges of Workplace Diversity (Perason, 2014)

Immigration Law 3
With regards to section 30 of the Immigration Act of 19582, the Australian government has
created multiple visas for which one may apply if they desire to visit Australia for multiple
reasons. Section 30(2) of this Act allows you to visit Australia on a temporary basis. Temporary
visas are applicable when one is visiting Australia for a particular event. This subsection also
enables you to apply for a temporary permit to help them secure a chance of working in
Australia.
Although section 30 of the Immigration Act 1958 allows you to apply for various types of visas,
s41 of this Act gives the government the freedom to control and limit the kind of activity one
may undertake in Australia. This is achieved through the introduction of various subclasses of
visas. If Jacob Hassan is interested in working in Australia, these visa subclasses include the
Temporary Skilled Subclass 482 Visa and the Global Temporary Visa Australia. The Temporary
Skilled Subclass 482 Visa is an improvement to the visa Subclass 457. These visa classes would
enable Jacob Hassan to travel to Australia and Innovation Technology and Engineering to be in a
position sponsor Jacob Hassan into Australia as his skills are unmatched by Australian citizens.
However, there are specific requirements that Jacob Hassan has to meet to qualify for the TSS
visa. These requirements include:
Is Hassan trained for the Medium TSS 482 Visa
With this kind of visa, Jacob is at liberty to work in Australia. Also, as long as the visa is still
valid, Hassan can travel to and from Australia at his own will. According to the repealed
Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary
Reforms), 2018, the validity of the TSS Visa lasts for only four years since the application.
However, Jacob could apply for a permanency residency after three years since the acquisition of
the 482 Visa. An Australian based business can sponsor Jacob only when they meet the TSS 482
Visa that was created by the 2019 amendment; that is the Migration Amendment (New Skilled
Regional Visas) Regulations.3
The foreigner's job must fall under the Medium Long-Term Strategic Skills List (MLTSSL). This
is a regulation created by the Migration Regulation 1994 and must be adhered to by any skilled
2 Immigration Act of 1958
3 Migration Amendment (New Skilled Regional Visas) Regulations 2019