Migration Law

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

1MIGRATION LAW
Question 1
(a)
It has been provided through the provisions of s235 of the Migration Act 1958 that in
case a person holding a temporary visa which has conditions which limit work by non-citizens in
Australia and such condition has been breached by the person it is to be considered as an offence.
The work has to be of a kind which has not been allowed by the conditions1. An offence which
has been mentioned in the section is a strict liability offence. In the present situation it has been
stated that Ivan has condition 8101 on his visa through which he is not allowed to work in
Australia. Although he is working for deriving legal fees for his protection visa and is not
receiving payment his actions would breach section 235. This is because he is getting his legal
fees waived off. Providing cleaning services is considered as a work under the application of
section 160(2)2 which clarifies that work can be done for a reward or otherwise. Therefore
section 235 has been breached by Ivan by providing the cleaning services and he is criminally
liable under a strict liability offence.
(b)
The provisions in relation to allowing a non citizen to work have been discussed through
the provisions of s254AC of the MA3. It has been provided through the section that a person will
be liable for contravening the subsection if a person allows or have continued to allow any other
person to work if such person is lawful non citizen and is staying in Australia on a visa which
contains visa conditions related to work and the worker is breaching the condition only because
he is doing the work the person who has allowed him to work would be liable for an offence
1 Migration Act 1958 (Cth) s 235
2 Migration Act 1958 (Cth) s 160(2)
3 Migration Act 1958 (Cth) s 245AC