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Running head: IMMIGRATION LAW Immigration Law Name of the Student Name of the University Author note
1 IMMIGRATION LAW Question 1 A Section 46 of the Migration Act 1958 states that a visa application is only valid if it is in relation to a visa of a class provided in the application, all requirements and criteria provided by the section are satisfied, all charges which have to be paid in relation to that particular class of visa application have been paid, any fees which is prescribed by the regulations in relation to the visa have been paid, no provision of the act prevents the application of the visa along with any other Commonwealth law and a few provisions of this Act1. These section are namely Section 48 where the visa have been refused or cancelled earlier, Section 48A protection visa has been cancelled or refused earlier, Section 161 non- citizens holding criminal justice visa, Section 164D non-citizens holding enforcement visa, Section 195 application being made out of time, Section 501E where the visa had been refused or cancelled on the grounds of character. In addition section 46AA application of grant of visa in relation to act based visas, 46A application made by unauthorised Maritime arrivals2, S 46B application made by transitory arrivals3, Section 91E or 91G Safe Third countries and CPA4, section 91k related to temporary safe haven visa and section 91P non- citizens having access to protection by third countries5. The visa application is further invalid with respect to subsection 2 if the person making the application is in the migration zone, the condition imposed on the person under section 41(2)A have not been waived by the Minister, the application is subjected to a condition which provides that the visa cannot be granted. In relation to sub section 2A application for visa can be said to be valid in case it is related to an application with respect to a prescribed class for the purpose of the subsection and with 1Migration regulations 1958 (Cth) at Section 46 2Migration regulations 1958 (Cth) at Section 46A 3Migration regulations 1958 (Cth) at Section 46B 4Migration regulations 1958 (Cth) at Section 91E AND 91G 5Migration regulations 1958 (Cth) at Section 91P
2 IMMIGRATION LAW respect to the regulation the application has been taken to be made validly. Further criteria may be prescribed by the regulations in relation to a specific class of visa to be valid. This can be in relation to where the application is made, how it is made and at what time it has been made.The Migration Regulations 1994 states through regulation 2.07 that all charges needs to be paid in relation to the visa application6. The application has to be made in the place prescribed by the regulations and in the mode which has been prescribed. The application also has to be made through the particular forms for the specific types of visa applications. B Applicants of a contributory parent visa either temporary or permanent are not allowed to make an application for such visa if they have been barred from doing so. An applicant might be barred from applying for such visa if they have been imposed with a “No further Stay” condition through condition 8503 on the visa presently held by them. In addition a person not holding a substantive visa and have been not granted a visa as their application has been refused since they last entered Australia are also not eligible of making a visa application for contributory parent visa. Therefore in the particular circumstances a person whose applicationfor partner visa has been refused and are not holding any substantive visa are not eligible to apply for contributory parent visa7. C Section 35A and 36 of the MA, sets out Provisions in relation to the grant of Protection Visa. As per section 36 of the MA a person for the purpose of being granted with a protection visa must be a risk to the country as per section4 of theAustralian Security Intelligence Organisation Act 1979 or has is danger to the security of the country or has been 6Migration Regulations 1994 at Regulation 2.07 7Migration Regulations 1994 at Schedule 8
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