Immigration Law: Visa Cancellation and Bridging Visas in Australia

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

1IMMIGRATION LAW
Scenario (a)
Issue
Narelle Patel arrived at Australia with a Visitor Visa (Class FA) subclass 600 with
conditions (8101 and 8201). She was in breach of one of the conditions and thus was liable to
have her visa cancelled. The issue here is to determine the cancellation power used by the
Department of Migration to cancel her visa.
Rule
The Migration Act, 1958 defines and regulates all forms of migration within the
jurisdiction of the Australian Commonwealth. This thus means that this act is the regulatory
statute for grant of visas in the Australian Commonwealth. A visa that has a condition attached to
it would need the person with the visa to adequately observe the condition. Condition 8201
attached to visas of subclass 600 says that the individual getting the visa would not be allowed to
be employed in Australia during their stay. The power to cancel visas in obtained from Section
116 of the Migration Act, 19581. Section 116 (3) provided for the power to cancel visas based on
a breach of conditions. In such a case the Department of Migration would issue a Notice of
Cancellation and the person with the visa would have 9 days to appeal before the Administrative
Appeals Tribunal (AAT).
1 Schuck, Peter H. "Law and the Study of Migration." Migration Theory. Routledge, 2013. 247-266.

2IMMIGRATION LAW
Application
In this case the Department of Migration would be able to cancel Narelle Patel’s visa on
the basis of the cancellation power conferred under Section 116 of the Migration Act, 1958
through the process discussed above.
Conclusion
Narelle Patel’s would be cancelled through the cancellation power prescribed under the
act.
Scenario (b)
Issue
The issue here is to determine the kind of bridging visa Narelle Patel would have to apply
for if she wishes to apply for a Partner Visa (Class UK/BS).
Rule
A bridging E class visa is granted for visa cancellations under Section 116 of the
Migration Act, 19582. This allows the person to lawfully remain within the jurisdiction of
Australia while applying for another visa or while an appeal to such a visa is under adjudication3.
Application
Narelle Patel would be granted a Bridging E class visa since her visa had been cancelled
by legislative powers conferred under Section 116 of the Migration Act, 1958. Such a visa would
2 Robertson, Shanthi. "Time and temporary migration: The case of temporary graduate workers and working holiday
makers in Australia." Journal of Ethnic and Migration Studies 40.12 (2014): 1915-1933.
3 Phillips, Janet, and Harriet Spinks. "Immigration detention in Australia." Parliamentary Library 20 (2013): 1-8.