Migration Law Assignment
Added on 2023-01-10
5 Pages1114 Words49 Views
Running head: MIGRATION LAW ASSIGNMENT
MIGRATION LAW ASSIGNMENT
Name of the Student:
Name of the University:
Author Note:
MIGRATION LAW ASSIGNMENT
Name of the Student:
Name of the University:
Author Note:
1MIGRATION LAW ASSIGNMENT
Dear Linda,
Thank you for choosing me as your migration agent. I am sorry to know about your
present situation. Since you are living in Australia under 186 sub class visa, I will be guiding you
in this regard according to the provisions enumerated there1. I am glad to give you potential
advice in this matter as I am bound by the Australian Code of Conduct as a migration agent2.
Firstly, if the Department of Home Affairs proceeds to cancel your visa for violating the
conditions laid down in the Migration Act 19583 you need not to panic. Australian Department of
Home Minister (DHA) will send you a Notice of Intention to Consider Cancellation where you
will be given an opportunity to tell the Department of Immigration and Citizenship (DIAC) why
your visa should not be cancelled4. Since you are not accused of failing in character test, it will
not cancel your visa at once. When DHA will send you the notice, it will be accompanied by
other documents to and you will be asked to reply it. In general you will be given 28 days to
reply this; however extension can be given in some cases. The policy that is used by DIAC in
deciding whether or not the visa is to be cancelled is given in a document called Ministerial
Direction 41. A copy of this document will also be provided with you along with the Notice. It
has got detailed guidelines of what would DIAC may take into consideration when it is about to
cancel your visa. There are mainly ‘primary conditions’ which the DIAC must take into
consideration and there are ‘secondary conditions’ which the DIAC may not take into
consideration.
1 "Employer Nomination Scheme (Subclass 186) Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186>.
2 Mara.Gov.Au (Webpage, 2019) <https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
3"MIGRATION ACT 1958",Www5.Austlii.Edu.Au(Webpage, 2019)
<http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/index.html>.
4Lacextra.Legalaid.Nsw.Gov.Au (Webpage, 2019)
<http://lacextra.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/410.pdf>.
Dear Linda,
Thank you for choosing me as your migration agent. I am sorry to know about your
present situation. Since you are living in Australia under 186 sub class visa, I will be guiding you
in this regard according to the provisions enumerated there1. I am glad to give you potential
advice in this matter as I am bound by the Australian Code of Conduct as a migration agent2.
Firstly, if the Department of Home Affairs proceeds to cancel your visa for violating the
conditions laid down in the Migration Act 19583 you need not to panic. Australian Department of
Home Minister (DHA) will send you a Notice of Intention to Consider Cancellation where you
will be given an opportunity to tell the Department of Immigration and Citizenship (DIAC) why
your visa should not be cancelled4. Since you are not accused of failing in character test, it will
not cancel your visa at once. When DHA will send you the notice, it will be accompanied by
other documents to and you will be asked to reply it. In general you will be given 28 days to
reply this; however extension can be given in some cases. The policy that is used by DIAC in
deciding whether or not the visa is to be cancelled is given in a document called Ministerial
Direction 41. A copy of this document will also be provided with you along with the Notice. It
has got detailed guidelines of what would DIAC may take into consideration when it is about to
cancel your visa. There are mainly ‘primary conditions’ which the DIAC must take into
consideration and there are ‘secondary conditions’ which the DIAC may not take into
consideration.
1 "Employer Nomination Scheme (Subclass 186) Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186>.
2 Mara.Gov.Au (Webpage, 2019) <https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
3"MIGRATION ACT 1958",Www5.Austlii.Edu.Au(Webpage, 2019)
<http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/index.html>.
4Lacextra.Legalaid.Nsw.Gov.Au (Webpage, 2019)
<http://lacextra.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/410.pdf>.
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