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Assignment on Migration Law (Doc)

   

Added on  2021-06-16

9 Pages1974 Words62 Views
Running head: MIGRATION LAWMigration LawName of the StudentName of the UniversityAuthor Note

1MIGRATION LAWQuestion 1Indentified Issue The primary issue in the scenario is to decide whether Barsha can be brought to Australiathrough a parent visa. The second issue in relation to this section of the paper is that whether Barsha has any otherpermanent visa option available along with the determination of required evidence for suchapplication Applicable LawThe provisions of Migration law in Australia is governed by the Migration Act 1958 (Cth)1,The Migration Regulations 19942 (Cth) and the Migration Regulations 1998 (Cth)3 . Theprimary rule which needs to be applied to analyze the first issue in the situation is that ofregulation 1.05 of the MR 1994. Through this regulation the Balance of family test is provided.The rules of this test has to be met for the purpose of making a visa application. There are tworules which have been set out by the regulation. firstly it is analyzed that the children of theperson making the visa application living outside Australia is equal to or more than those eligiblechildren living in Australia. Secondly it is analyzed that the ineligible children of the personmaking the visa application living outside Australia is equal to or more than those eligiblechildren living in Australia41 Migration Act 1958 (Cth)2 Migration Regulations 1994 (Cth)3 Migration Regulations 1998 (Cth)4 Migration Regulations 1994 (Cth) reg 864.11

2MIGRATION LAWThe test under the regulation is objective in nature which is deployed to identify family aconnection of an applicant oversees and the connection in Australia. Even in situation wherethere has been compelling and compassionate circumstances are present no waiver of the test canbe done as it is most important to get a parent visa. In relation to options for a permanent visa the contemporary parent visa are categorized into twotypes namely the Contributory Parent category (subclasses 173,143, 884 and 864 and Parentcategory (subclass 103 and 804). There are a few requirements which an applicant must meetfor the purpose of making an application with respect to Regulation 143.32 of the MigrationRegulation 1994 for a Contributory Parent Visa (subclass 143). Firstly there has to be anassurance of support and a sponsor and secondly the balance of family test along with characterneeds have to be satisfied. Application with respect to Contributory Parent Visa (Temporarysubclass 173) can be made under Regulation 143.111 of MR 1994. In relation to this visa alsothe applicant has to satisfy the BOF along with heath and character requirements, in addition theapplicant has to have a sponsor. For the purpose of making an application for an Aged Parent(subclass 804) visa which is an onshore visa provision of Regulation 1.03 of MR 1994 has to befollowed5. Under the regulations the applicant is subjected to the above discussed requirements.Contributory Aged Parent (subclass 864) visa can be applied under regulation 1130A of the MR1994 having the same requirements as the other visas discussed above6. Application Barsha has to satisfy the rules laid out under the balance of family test to get the parent visa.Under this test she needs to show that she has more or equal eligible children in Australia than5 Migration Regulations 1994 (Cth) reg 1.036 Migration Regulations 1994 (Cth) reg 1130A

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