Application of Detainee Visa for Aklina Juri

The assignment explores the possibility of issuing a detainee visa to Aklina Juri, who has been detained at the Maribyrnong Immigration Detention Center. It analyzes her eligibility for the visa under section 195A of the Migration Act and considers her positive attributes, such as being adjudged as a model non-citizen by SERCO and participating in voluntary activities. The assignment argues that it would be in public interest for the Minister to use their discretion and grant Aklina Juri a detainee visa.

Running Head: MIGRATION LAW
Migration Law
Name of the Student:
Name of the University:
Author Note

1MIGRATION LAW
To,
Minister of Home Affairs,
Australian Government
Respected Sir,
Subject: Visa Application
Aklina Juri had moved to Australia with her parents in the year1968. A permanent
vis had been issued to her so that she could continue to reside within the territorial
boundaries of the country for an indefinite period of time. She had been residing in
Australia and had sought employment by the virtue of the permanent visa which had
been granted to her. However, unfortunately her parents met with a car accident,
sustained severe injuries and later succumbed to the injuries in the year 2004.
However, after the demise of her parents she had been involved in several criminal
activities and drug abuses. The permanent visa that had been granted to Aklina had
been revoked according to the principles of Section 501(3A) of the Migration Act, 1958
as several criminal charges had been filed in her name1.
After the revocation of the permanent visa she was no longer granted the permission to
reside within the territorial boundaries of the country and could be evicted from the
country in accordance with the provisions of section o198 of the Migration Act. It is to be
mentioned that the aforementioned section of the migration act deals with removing
people who are non residents or the country or are unlawful residents. It can be stated
that for evicting citizens, it is required by the law to relocate and place such individual
1 Migration Act 1958 (Cth) s 501(3A)

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who is evicted to their home nation. In the given case study it has been provided that
Alkina had consented to be relocated and placed in her home nation. However, as
provided in the case study her home nation was Dubronvik which falls under the
jurisdiction of Republic of Croatia. All the documents which were proof of her citizenship
of Croatia had been submitted for processing to the government of Croatia. As provided
by the facts of the case Alkina had been detained at the detention center of
Maribyrnong Immigration Detention Center.
However after having exhausted all of her legal rights to appeal, Alkina has
informed the department of Home affairs that she wishes to be deported back to her
country of origin. However, the department of Home affairs has been unable to give
effect to her directive as the Croatian Government failed to recognize her as a citizen of
Croatia. The Croatian government stated that no records of citizenship of Alkin Juri or
her mother exists and therefore she was could not be deported to Croatia. Thus it can
be stated that she could not even seek asylum n Croatia. Thus in this case, her visa
application would be time barred as the same is non compliant with sections 194 and
195 of the Migration Act. The sections 194 and 195 are not applicable in this scenario
as Alkina had been detained under section 189 of the migration act2. Thus in this case a
problematic situation arises; Alkina cannot be detained for an indefinite period neither
can she deported to her home country.
Through the analysis of the above discussed facts it is clear that a detainee visa may be
issued by to Aklina . As per section 195A of the MA in the given situation the Minister of
Home affairs may issue a detainee visa3. The visa may be provided by the minister
2 Migration Act 1958 (Cth) s 189
3 Migration Act 1958 (Cth) s 195A

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even where no application has been made by the concerned person under section
195(2) in public interest. 4However it is not mandatory for the minister to grant this form
of visa as made clear through the provisions of 195A(4)5. The decision of whether the
visa should be provided or not is totally based on the discretion of the ministe
I would further like you to know that the applicant has made adjudged as a model non-
citizen by SERCO. In addition the applicant has also participated in various voluntary
activities. The positive attitude of the applicant is clearly depicted through her behavior.
In the light of the above mentioned facts it would be in public interest for the minister to
provide the visa to the applicant on the ministers discretion. In addition the applicant is
also a mother of two. If she is not provided with the visa it would not be just under the
provisions of section 199 of the MA6. The minister should thus also taken into
consideration for the use of his discretion and grant the visa.
Thus the minster is requested to use his power as provided to him under the provisions
of section 195A of the MA7 and grant aforementioned detainee visa to the applicant.
Yours sincerely
4 Migration Act 1958 (Cth) s 195(2)
5 Migration Act 1958 (Cth) s 195(4)
6 Migration Act 1958 (Cth) s 199
7 Migration Act 1958 (Cth) s 195A

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Bibliography
Migration Act 1958 (Cth)
Migration Regulation 1994 (Cth)