Migration Law

This article discusses various issues related to Migration Law, including visa conditions, visa cancellations, and visa applications. It provides rules and regulations related to each issue and applies them to the given scenarios. The article also mentions relevant sections of the Migration Act 1958 and Migration Regulations 1994. The subject is relevant for students studying law or immigration policies.

Running Head: MIGRATION LAW
Migration Law
Name of the Student:
Name of the University:
Author Note

1MIGRATION LAW
Answer 1
Issue
Whether Stanley has violated the provisions imposed on him via the condition 8101 under
schedule 8 of the Migration Regulations 1994 (Cth)
Rule
Under the schedule 8 of the Migration Regulations 1994 it is provided that the person on whom
the condition has been imposed is not allowed to work in Australia till the condition is
applicable1.
Work as per reg 1.03 is any activity through which remunerations is generally derived2. There
are a few activities which can be engaged without the violation of condition 8101 and a few
situations where the department of immigration s likely to be flexible. These are below
Volunteer work is provided under reg 2.57(5) – A person indulging in volunteer work while in
Australia is excluded from the breach of condition 8101 of the MR if the work is for community
benefit, is for a non profit organization, would have not been provided as a paid work to
Australian resident, the work is unpaid and is less than for a period of three months3.
However work condition is not considered acceptable for tourist visa holders.
Application
1 Migration Regulations 1994 (Cth) Schedule 8
2 Migration Regulations 1994 (Cth) reg 1.03
3 Migration Regulations 1994 (Cth) reg 2.57(5)

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In the given situation it has been provided that Stanley is on a visitor’s visa which has a
condition 8101 imposed on it. This means that he cannot work in Australia. However has
commenced work which is unpaid in nature and the organization which he is working for is a
non profit organization which operates on a commercial basis. Here the work he is doing is in the
benefit of the community, any Australian resident would not have been paid for it and the
organization is non profit. However he is doing the internship of work experience which is not
acceptable. Thus his internship will violate condition 8101.
Conclusion
Condition 8101 is violated by Stanley
Answer 2
Issue
Whether Ivan would be eligible to make an application for a Medical Visa where her visa has
been cancelled under section 109 of the Migration Act 1958
Rule
It has been provided through the provisions of section 48 of the MA if a person does not hold a
substantive visa he or she will not be allowed to make an application for a further substantive
visa of under subsection 48(2) if the visa had been cancelled under section 109 of the MA.
However there are certain exceptions in relation to section 48 of the MA and certain visa can be
applied even where visa has been cancelled under section 109 of the MA4.
4 Migration Act 1958 (Cth) s 48

3MIGRATION LAW
It has been provided through MR reg 2.12(3) that there are certain visas which can be applied in
relation to exceptions of section 48 of the Act5. These include Medical Treatment (Visitor) visa.
Application
In the given situation the visa held by Ivan have been cancelled under the provisions of section
109 of the MA. This means that she would not be able to make an application for any visa under
section 48 of the MA unless the exceptions under MR reg 2.12(3) are applicable. Under the
exceptions it is provided that a person is allowed to make a application of Medical Visa. Thus
she can apply for a medical visa.
Conclusion
Ivan can apply for a medical visa
Answer 3
Issue
The issue is to advice Kevin Steam with respect to his student visa application while he is on a
visitor visa provided under the sponsored family stream.
Rule
There are certain conditions which are imposed on a visitor visa. One of the conditions is that of
no further stay. This condition is provided through the provisions of schedule 8 of the Migration
Regulations 1994 and is known as condition 8503. This condition means that on any person to
5 Migration Regulations 1994 (Cth) reg 2.12(3)

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whom the condition 8503 is applicable is not allowed to stay in Australia beyond the validity of
the visa held by them6.
In addition under a visitor visa which has been provided under the Sponsored Family stream
makes the Australian citizen or permanent resident responsible for the compliance of their
relatives or friends with the immigration requirements as per Sch 2, cl 600.232(3) and (4) of the
MA7.
Application
It has been provided through the case study that Kevin is holding a visitors visa and this visa has
a condition 8503 imposed on it. This means that he is not allowed to stay in Australia beyond the
validity of the visa held by him. He is also not allowed to make an application for a new visa
unless the condition is waived under section 501 of the MA where the minister finds compelling
and compassionate circumstances to have arose after the visa is granted8. Thus he cannot apply
for a student visa. In addition under Sponsored Family stream the Australian citizen or
permanent resident responsible for the compliance of their relatives or friends with the
immigration requirements.
Conclusion
Thus it is advised to Kevin to not make an application which would breach Condition 8503
Answer 4
Issue
6 Migration Regulations 1994 (Cth) Schedule 8
7Migration Act 1958 (Cth) Sch 2, cl 600.232(3) and (4)
8Migration Act 1958 (Cth) s 501

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There are two issue which have been identified in the given situation
1. Conclusion of the decision of minister before 21 November 2017 in relation to Johns
sponsorship application
2. Does the previous sponsorship of Molob by John pose a problem to the recent
sponsorship application.
Rule
Under sch 2 category one it is provided that a person can make a Australian sponsorship if they
had been in Australia for a period of two years before the sponsoring visa application is made.
Under Sch 2 cl 820.211(2) an applicant has to be a spouse of a de facto partner of an Australian
citizen. The immigration status of a sponsor has to be taken into consideration under schedule 2
reg 1.03, Migration Regulations 1994 (Cth). The person has to be an Australian citizen,
permanent resident or an eligible New Zealand citizen9.
Other than the immigration status the Australian citizen has to be settled as under regulation
1.03. At the time when the decision is made there are three categories in which the settled
requirements can be met by the sponsor
The second category provides that if the sponsor is outside Australia or have been out for a four
months period within two years before the visa application is made, some documentary evidence
depicting that they are settled in Australia currently have to be provided. In relation to the third
category where the sponsor has not been in Australia for a period of two years they have to
provide reasons for their absence and proof that they meet the settled definition.
9 Migration Regulations 1994 (Cth) reg 1.03

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A person can be a sponsor of another partner only if five years have expired after a sponsorship
has been made.
Application
As John has been outside Australia the sponsorship application will not be valid. This is because
under category one a person can only be a sponsor if they had been in Australia two years prior
to making the sponsorship application. However the application would have been approved of a
valid proof under category three is provided by John if the decision is made before 21 November
2017.
For the second issue as five years gave expired after John sponsored Molob he is eligible to
sponsor Elfriede
Conclusion
In the first issue John needs to provide evidence of settlement
In the second issue he is eligible for being a sponsor
Answer 5
Issue
The issue in the case is that whether the visa of Ace Veka has been lawfully cancelled or not
Rule
It has been provided via the provisions of section 116 (g)(1) of the MA that a minister can cancel
a visa based on grounds for visa cancellation10.
10 Migration Act 1958 (Cth) s 116 (g)(1)

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The Grounds for cancellation of visa are provided under the provisions of Reg 2.43 of the MR as
per section 116 of the MA11
The visa can be cancelled under the provisions of Reg 2.43 (p) if it is a temporary visa and the
holder has committed an offence against the commonwealth or state or territory law and has been
charged with changed with such offence.
Application
It has been stated through the provisions of the case study that the visa of Ace Veka has been
cancelled by the minister as he has been charged with assault. Through the application of section
116(g)(1) and reg 2.43 (p) it can be stated that the minister has the legal right to cancel the visa
of Ace Veka.
Conclusion
The visa has been lawfully cancelled
Answer 6
Issue
Whether Marissa has to notify the Department of Home Affairs about the change in her health
conditions
Rule
It has been provided through the provisions of section 104 of the MA that change in
circumstances are to be notified. The section states that if there are changes in circumstances
11 Migration Regulation 1994 (Cth) Reg 2.43

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which makes an answer to a question in the visa under incorrect the person may as soon as
practicable inform about the new circumstances to the officer12.
Application
In the given situation the visa application form asks for health conditions. Thus as there is a
change in health condition it is the duty of Marissa to notify the officer as this would make the
answer provided by her in the application form incorrect.
Conclusion
The circumstances have to be notified
12 Migration Act 1958 (Cth) s 104

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REFERENCES
Migration Act 1958 (Cth)
Migration Regulation 1994 (Cth)