Migration Law Act 1994 in Australia

RUNNING HEAD: - Migration Law 0 | P a g e
MIGRATION LAW
Module Number

Migration Law 1 | P a g e
Table of Contents
Rules & Provisions...................................................................................................... 1
Back ground of Case................................................................................................... 2
Court’s Order.............................................................................................................. 3
Statuary Interpretation............................................................................................... 3
References................................................................................................................. 4

Migration Law 2 | P a g e
Rules & Provisions
The given case law is relevant to the appeal of a person who wants to stay more in Australia and
the conditions described under the Migration Regulations 1994 and Minister for Immigration and
Border Protection are not allowing him to stay for further period because he came to Australia on
visitor’s visa under the condition 8503 of Schedule 8 to the Migration Regulations 1994 which
do not allow him to apply for any other visa while his stay in Australia. The rules and provisions
applied in the case are as follows1.
 Condition 8503 of Schedule 8 to the Migration Regulations 1994 (Cth)
As per this condition of schedule 8, the applicant who entered into the territory of Australia is not
allowed to apply for any substantive visas while his stay in Australia. However he may apply for
the protection visa if required. Hence as per this condition Mr. Karan cannot apply for the spouse
visa or any other visa in Australia2.
 Section 41 of the Migration Act 1958 (Cth)
The sub-section 1 of this section applies specific conditions on visas or visas of specified class.
In addition to that sub-section 2(a) of this section specify the condition that after entering
Australia, the holder of visa will not be entitled to apply for a substantive visa while he stays in
Australia. However sub-section 2A of this section state as per the implications of this case in
relation to a waiver of condition 8503, Schedule 8 of the Migration Regulations 1994 (Cth) that
this condition could be waived by the Minister in writing by considering the reason of applicant
and the reasons are prescribed under the Regulation 2.05(4) which says that the minister may
waive the condition provided under section 41(2) (a) if the applicant requests in writing to the
Minister to waive the condition or if the person was granted the visa in conditions over which the
1 Migration law, Shedule 8 of the Migration Act 1958 (Cth),
http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch8.html 2019
2 Donnelly, Jason. "Tale of Two Characters–The Paradoxical Application of the Character Test
between Visa Holders and Applicants for Australian Citizenship." Australian Journal of
Administrative Law 25.2 (2018): 104-121.