Immigration Law and Regulation of Australia

This article provides information about the immigration law and regulation of Australia for visa application. It covers the eligibility criteria for carer visa, health requirements, character and police certificate, and processing time. The article also highlights the role of a migration agent and the code of conduct for registered agents dealing with migration matters.

Running head: IMMIGRATION LAW AND REGULATION OF AUSTRALIA
Immigration Law and Regulation of Australia
Name of the Student
Name of the University
Author Note

1IMMIGRATION LAW AND REGULATION OF AUSTRALIA
Dear Miss Tina Papas,
This letter is forwarded to advise Miss Tina Papas regarding her Visa application to stay
in Australia in order to care for her ailing uncle. Miss Papas is advised to opt for a Carer Visa
(subclass 836). The carer visa (subclass 836) is for the ones who are presently in Australia while
they need to get hold of a permanent residence to care for an ailing relative who has a permanent
or long-standing medical condition. While, the relative must have been advised to appoint a
caregiver as such person is not able to receive the required care from anyone in Australia. In
these circumstances, Miss Papas can opt for the Carer Visa (subclass 836), praying for the grant
of permanent residence to provide care and other necessary help like medical assistance,
financial support to her unwell uncle who has been diagnosed with a long-standing medical
condition. Provided, the medical condition of Miss Papas’s uncle needs to be assessed by the
Bupa Medical Visa Services1.
In addition to the eligibility criteria, Miss Papas is required to disclose certain additional
information about herself for proceeding with the visa application. The Carer Visa (subclass
836) requires few information about the migrant like the health condition of the Miss Papas and
any other person if included in the visa application, the character and police certificate of Miss
Papas and the any other person included in the application. The Health requirements suggest the
migrant to meet the necessary health standards of Australia in order to get the visa. They are also
encouraged to be medically insured while they stay in Australia2. As for the Character and
Police Certificate is concerned, the migrants must ensure good character and conduct and get
1 Carer Visa (Subclass 836) (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/836->.
2 Immigration Health Requirements (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa/heal>.

2IMMIGRATION LAW AND REGULATION OF AUSTRALIA
assessed against the required standards laid down under section 501 of the Migration Act 19583.
Miss Papas needs to submit a Police certificate from the countries where she has lived for 12
months or more in the last 10 years after attaining the age of 164. Additionally, Miss Papas would
be asked to sign the Australian Values Statement that assures her respect toward the country, its
culture and lifestyle and that she obliges to obey the laws and the regulations of the land. Lastly,
she needs to declare that she bears no outstanding debts to the Government of Australia before
the visa is granted. It is recommended to Miss Papas to have the information about the
translating and certifying documents, statutory declarations, and necessary communications
required with departments, taking the help of a migration agent, giving authority to another
person to receive information on her behalf and getting help along with the visa application5.
The migration agent would be under an obligation to ensure a deserving migrant visa to
the applicant who is in dire need of it. The code of conduct for the registered agents dealing with
migration matters are laid down under section 314 of the Migration Act 1958 and it is prescribed
in schedule 2 of the Regulation 8 of the Migration Agents Resolution 19986. The migration agent
would be liable to:
 Represent his client and act in according to the client’s instruction.
 Assure the client of his knowledge of working in the area of Migration law and
assure to try to the best of his capabilities and merit of the case to get the grant of
the visa.
3 Migration Act 1958 (2018) Legislation.gov.au <https://www.legislation.gov.au/Details/C2017C00384>.
4Character And Police Certificate Requirements (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa/char>.
5Information To Help Prepare Your Application (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa/info>.
6 Code Of Conduct - Office Of The Migration Agents Registration Authority (2018) Mara.gov.au
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/>.

3IMMIGRATION LAW AND REGULATION OF AUSTRALIA
 Provide a copy of Consumer guide to the applicant, which gives the details of the
rights and liabilities of the applicant in Australia pertaining to visa application.
 Act in time when the client has provided all the necessary documents and
information to proceed with the application procedure.
 Find out and intimate the appropriate charges required for such visa application as
per the Migration Act and Regulation.
 Warn the client not to apply for visa if the application has no hope or chance to be
granted7.
The processing time for the carer visa may extend up to a period of four and a half years
approximately, based on the present level of planning and the allocation of the ‘other family’
category. The processing time of the Carer visa may depend from year to year on certain factors,
like changes in the level of planning, the number of visa applications, withdrawals and refusals,
remittance of the administrative appeal tribunal, intervention of the Ministry and alterations in
the processing direction. The information about the current queue is only updated once the final
processing dates are extended8.
Additionally, Miss Papas should be aware that the Carer Visa (subclass 836) is subject to
capping under certain circumstances laid down by the Ministry. The Ministry has the power to
limit the grant of visas that are allowed every year for a particular visa subclass. When a cap of
7 Code Of Conduct - Office Of The Migration Agents Registration Authority (2018) Mara.gov.au
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/
8 Other Family Visa Queue (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/brin/fami/capping-
and-queuing/other-family-visa-queue>.

4IMMIGRATION LAW AND REGULATION OF AUSTRALIA
limit is reached, the applicant needs to wait in the application queue for consideration in the
following year9.
It is ascertained that these information would help Miss Tina Papas to proceed with her
Visa application to extend her stay in Australia.
Good Luck,
Migration Agent.
9 Capping And Queuing (2018) Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/brin/fami/capping-and-
queuing>.

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Bibliography:
Legislations and Regulations:
Code of Conduct - Office of the Migration Agents Registration Authority
Migration Act 1958
Migration Agents Resolution 1998
Government Websites
Capping And Queuing (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/brin/fami/capping-and-queuing>
Carer Visa (Subclass 836) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/836->
Character And Police Certificate Requirements (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa/char>
Code Of Conduct - Office Of The Migration Agents Registration Authority (2018) Mara.gov.au
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-
conduct/>

6IMMIGRATION LAW AND REGULATION OF AUSTRALIA
Immigration Health Requirements (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa/heal>
Information To Help Prepare Your Application (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa/info>
Migration Act 1958 (2018) Legislation.gov.au
https://www.legislation.gov.au/Details/C2017C00384
Other Family Visa Queue (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/brin/fami/capping-and-queuing/other-family-visa-queue>