Immigration Law

Running head: IMMIGRATION LAW
Immigration Law
Name of the Student
Name of the University
Author Note

1IMMIGRATION LAW
Question 1
1)
The issue in this present scenario is whether there are any implications pertaining to the
conditions mentioned in Sally’s visa.
Section 41(1) of the Migration Act 19581 contains provisions with respect to the
conditions that might be attached to a particular class of visa under the Migration Regulations
1994 under schedule 82. Section 41(2) of the Act3 prohibits the holder of the visa from being
granted any substantive visa during his stay in Australia and after entering the territory of
Australia by virtue of attached to a visa. It also restricts holder of the visa attached with a
particular condition from indulging into any work, which is not specifically permitted under
that condition.
The conditions that are attached to a visa has been listed and explained in the Migration
Regulations 1994 under schedule 84. Condition 8547 attached to a visa requires the person
holding the visa not to be employed by a single employer for a period exceeding six months5.
However, the same can be ignored if the person holding such a visa has obtained the written
permission from the Secretary. Condition 8548 attached to a visa requires the person holding
the visa not be involved in any course or training of studies that will be continuing for a
period exceeding four months within territory of Australia6. Condition 8503 attached to a visa
requires the person holding the visa to not be granted with any substantive visa after the
holder has entered Australia and during his stay in Australia7.
1 The Migration Act 1958 (Cth), s41(1)
2 The Migration Regulations 1994 sch. 8
3 The Migration Act 1958 (Cth), s41(2)
4 The Migration Regulations 1994 sch. 8
5 The Migration Regulations 1994 sch. 8
6 The Migration Regulations 1994 sch. 8
7 The Migration Regulations 1994 sch. 8

2IMMIGRATION LAW
Under section 41(2A) of the Act8, the minster is empowered to waive any conditions that
has been attached to visa under certain specific circumstances. The waiver is required to be
provided in writing.
In the present situation, Sally has been granted with a working holiday visa subclass 417
visa, which was valid for twelve months. Her visa has been attached with the conditions
8547, 8548 and 8503. This means her visa will subject her to these conditions. By virtue of
condition 8547, she will be prohibited from being employed by a single employer for a period
exceeding six months. However, she can ignore the same, if she can obtain the written
permission from the Secretary. By virtue of condition 8548, she is restricted from being
involved in any course or training of studies that will be continuing for a period exceeding
four months within territory of Australia. By virtue of condition 8503, she will be prohibited
from being granted with any substantive visa after the holder has entered Australia and during
his stay in Australia.
Under section 41(1) of the Act9 Sally will be subjected to the conditions that has been
attached to her visa. Under section 41(2)10, she will be required to refrain from engaging into
any employment, which has been prohibited by the conditions attached to her visa. She will
not be permitted to apply for any substantive visa after she has entered Australia and during
her stay in the same. However, she can apply for the same in case she can obtain a written
permission from the secretary.
Hence, it can be concluded that, Sally will be subjected to the conditions abovementioned.
2)
The issue in this present scenario is the status of her initial application for a visitor visa.
8 The Migration Act 1958 (Cth), s41(2A)
9 The Migration Act 1958 (Cth), s41(1)
10 The Migration Act 1958 (Cth), s41(2)

3IMMIGRATION LAW
Under section 46(1A) of the Migration Act 195811, any application in relation to a visa will
be rendered to be invalid in case the person making the application is situated in the
migration zone. Such an application may also be construed to be invalid if the visa that the
applicant has been holding a visa since his stay and entrance in Australia was attached with a
condition, which renders the application of a further visa to be invalid under section 4112. Any
such application will be rendered to be invalid if not authorised by the minster in writing. It
can also be construed to be invalid if the applicant is not entitled to be granted such a visa.
Section 46(2) of the Act13 will construe a visa application to be valid in case the visa has
been applied with respect to a prescribed class. Section 46(2A) of this Act14 prescribes an
application with respect to a visa to be invalid if it has not been waived by the minister or it
does not comply with the requirements. Again, Condition 8503 attached to a visa requires the
person holding the visa to not be granted with any substantive visa after the holder has
entered Australia and during his stay in Australia.
In the present situation, Sally has been holding a working holiday visa (subclass 417),
which was valid for twelve months. However, her visa was attached with the conditions
8503, 8548 and 8547. She has arrived in Australia and has been staying there for eleven
months. The condition 8503 in her visa will prohibit her from being granted with any
substantive visa after she has entered Australia and during her stay in Australia. A person
applying for a Visitor (Class FA) (Subclass 600) visa is required to be located outside
Australia while making an application for the same.
Sally has made an application for a Visitor (Class FA) (Subclass 600) visa for the purpose
of extending her stay in Australia for the purpose of employment as she has not been able
find any suitable position as a graduate in Canada. However, as her visa has the condition
11 The Migration Act 1958 (Cth), s46(1A)
12 The Migration Act 1958 (Cth), s41
13 The Migration Act 1958 (Cth), s46(2)
14 The Migration Act 1958 (Cth), s46(2A)