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Migration Laws - Assignment

   

Added on  2021-04-17

6 Pages1115 Words35 Views
Running head: MIGRATION LAWMigration LawName of the StudentName of the UniversityAuthor Note
Migration Laws - Assignment_1
1MIGRATION LAWToThe Client Respected Sir/MamThe purpose of this paper is to provide an explanation to you in form of a letter of advicewith respect to the reason of the decision provided by drivers in the case of Ramos v Minister forImmigration1. The issue before the court in this case was to consider whether condition 8503imposed on a visa should be waived or not. In this case the applicant has made an appeal for the Judicial review with respect to adecision provided by the delegate of the Minister refusing to waive condition 8503 which wasattached to the substantive visa held by the applicant. According to the condition the visa holderis not allowed to stay in Australia once the visa has come to an end. The applicant was a citizenof Philippine and had come to Australia on a visitor visa. An application for protection visa madeby the applicant had been refused. The no further stay condition in addition signifies that theperson on whom the condition is imposed is only entitled to apply for a protection visa. The condition can be waived by the Minister in accordance to Section 41(2A) of theMigration Act 19582. The circumstances in which the condition may be waived are providedthrough Migration Regulations 1994 regulation 2.05 (4)3. According to the regulation theMinister may waive condition 8503 when compelling and compassionate circumstances havedeveloped since the person was granted the substantive visa. The visa holders have no control1 [2017] FCCA 24122 Section 41(2A) Migration Act 1958 (Cth)3 Regulation 2.05 (4) Migration Regulations 1994 (Cth)
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2MIGRATION LAWover such circumstances. The situation has made a major change to the circumstances of theperson. When an application for waiver has been refused by the Minister before, the presentappeal must have different circumstances then which have been appealed before. The request forthe wavier are has to be made in writing to the Minister.The circumstances which had beenprovided by the applicant in an application for waiver of the condition included the facts that theapplicant was living with her partner and wanted to apply for a partner visa. The applicant issuffering from general Poor health and depression. The partner of the applicant was admitted tothe hospital in a fear of heart attack. The applicant was in fear that if she returns to Philippinesher life would be at rest because of her ex husband4.The delegate of the Minister and refused to waive condition 8503 based on the findingsthat the circumstances which have been provided by the applicant why not consistent to theprovisions provided by regulation 2.05 (4)5. The element that the circumstances must be outsidethe control of the applicant was not satisfied as it was found by the delegate that an act ofentering into a relationship with her partner was not out of the applicant’s control. In addition ithas been stated by the delegate while refusing to grant the application of the applicant that theabusive nature of her ex husband and the threat which he poses to her had existed even before thevisitor visa has been granted to the applicant. The fear of the applicant that her life would beaddress was not found to have being developed after the visa has been granted and therefore theprovisions under regulation 2.05(4) had not be satisfied6. There was an acknowledgement madeby the delegate in relation to the depression and distress which was faced by the partner of theapplicant due to her not being provided with a waiver. However in this situation it was held by4 [2017] FCCA 2412 at Para 55 [2017] FCCA 2412 at Para 66 [2017] FCCA 2412 at Para 7
Migration Laws - Assignment_3

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