Migration Law || Assignment

Running Head: MIGRATION LAW
Migration Law

Running Head: MIGRATION LAW
An employee nomination scheme subclass 186 visa is a permanent residency visa that is
often awarded to skilled workers. This subclass of Visa has no strict application restrictions as it
is available for both applicants living in Australia as temporary residents and also to those
outside the country. However, it is essential to note that for a person to eligible for this type of
Visa, they must be skilled and must be nominated by an Australian employee. 1A holder of an
ENS visa provided permanent residence by under the migration act, including some of their
dependent family members. This provides that the holder can work and live in any place of their
choice in Australia. Even though this kind of Visa is granted to an individual based on their skill
in a particular occupation, it does not necessarily restrict one to seek and maintain employment
in that line of profession.
In the case presented here, Marcus Boone seeks advice on whether there is a possibility
of having his ENS visa canceled. Well, under the Australian migration act, an ENS visa can be
canceled based on certain conditions. 2Section 137Q of the Migration Act 1958 clearly outlines
some of the issues that may lead to the cancellation of an ENS visa. First and foremost,
subsection 1 indicates that when employment does not commence, the ministry may cancel such
kind of a visa. The department is mandated to cancel an ENS if it is satisfied that the holder did
not begin employment under the period provided by the rules and regulations. Also, cancellation
1 Billings, Peter, and Khanh Hoang. "Characters of Concern, or Concerning Character Tests?
Regulating Risk through Visa Cancellation, Containment and Removal from Australia."
In Crimmigration in Australia, pp. 119-148. Springer, Singapore, 2019.
2 Boon-Kuo, Louise. Policing undocumented migrants: law, violence and responsibility.
Routledge, 2017.

Running Head: MIGRATION LAW
may happen if the ministry is satisfied that the person did not make a genuine effort to
commence employment upon the stipulated time. Subsection 2 of section 137Q of the migration
act provides that the ministry can cancel an ENS if it is satisfied that the holder commenced
employment that was previously referred to in that particular employee nomination whether
within or not in the time allocated. Also, if the employment was terminated within the period
required for actual employment. Subsection 3 of 137Q off the Migration act also indicates that
any visa with the definition of a regional sponsored visa may lead to the cancellation on an ENS
visa.
As depicted above, there are certain circumstances and conditions that can lead to the
cancelation of an ENS visa. 3Based on the case presented here, there is no any probable reason
that the department may use to cancel Marcus’ visa. All the conditions provided in section 137Q
of the migration Act 1958 can be used to as a means to cancel the visa is they are not fully
adhered to.
Any decision to cancel a visa will entirely depend on the case officer that handles one's
case. An employer will provide the department of immigration with the relevant information but
will have no say on the possible outcome of a case. 4The law does not provide an employee with
an ability to influence the decision making process on a case. However, neither a migration agent
3 Freckelton, Alan. Administrative Decision-Making in Australian Migration Law. ANU Press,
2015.
4 Lester, Eve. Making Migration Law: The Foreigner, Sovereignty, and the Case of Australia.
Cambridge University Press, 2018.