Migration Law: Letter of Advice for Applying Visa

This article provides a letter of advice for applying visa under Migration Law. It discusses the criteria to apply for a Protection sub class 866 visa and the duties of a migration agent. The article also highlights the violation of clauses of the Regulation of Code of Conduct for the Migration agents in the case of Anna Walker and Isabella.

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student:
Name of the University:
Author Note:

1MIGRATION LAW
1. To
A Walker
Australia.
Subject: letter of advice for applying visa.
Dear client,
We are glad that we are given an opportunity for advising you on your visa
application. As we have discussed in meeting, we came to know that your Visitor Sub
Class 600 visa has already expired around one week ago and thus you are overstaying
here. Though your visa had expired 7 days ago, you have 28 days grace period during this
period you are eligible to make an application for a new visa according to the Migration
Act1. Being a registered migration agent, you can be assured that you will be given with
the best possible advice regarding your visa application. In this regard, we can assure you
that we will act according to the provisions provided in 2.1 Clause2, Australian Code of
Conduct3 given for registered migration agent.
A quick perusal of the visa grant notice reveals that 8101 as well as 8503
conditions were present on your previous Visitor Sub class 600 visa. 8101 condition on
your visa indicates that when you are staying in Australia under this visa, you cannot
work here. Moreover, 8503 condition provides a compulsory provision that prohibits the
application of any other new visa other than Protection Subclass 8664 visa.
1 The Migration Act 1958.
2 Australian Code of Conduct, clause 2.1.
3 Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
4 Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
protection-866>.

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The condition 8503 provides the provision of ‘no further stay’5. It prevents such
visa holder from applying permanent visa and temporary visa while staying in Australia.
However, you are eligible to make application for Protection visa and not any other type
of visa. The protection sub class visa allows any noncitizen to stay in Australia for an
indefinite time. It also allow to work as well as to study here. Apart from this, the visa
applicant can also get himself enrolled for any health schemes. Moreover, the applicant if
desires can apply for citizenship of the country. This kind of visa generally granted to the
refugees in need of asylum due to the fear of persecution of religious, national or racial
discriminations they faced in their country of origin. This Protection visa has some added
benefits too. It allows the noncitizens to stay and work in Australia like any other
Australian citizens. Moreover, one you get this visa, you can sponsor your relatives who
are eligible and seeking permanent residence. However, you are not eligible to apply for
the extension of your previous Visitor visa having 8503 condition when you are in
Australia. You cannot even apply for partner visa due to the condition when you are
staying in Australia.
The main criteria to apply for a Protection sub class 866 visa given in this Act are
discussed here; that the applicant has arrived in Australia with a valid visa, not by any
illegal way, that the applicant has satisfied the Australian protection liabilities, that such
applicant is not barred from making application of this visa, that the applicant possesses
the required health and character criteria as provided in this Act.
5 "No Further Stay Waiver", Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visa-
conditions-subsite/Pages/no-further-stay-waiver.aspx>.

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Moreover, you can also apply for waiving of the 8503 condition from your last
visa as per Regulation no. 2.05(4) of the Migration legislation6. However, since your last
visa has already expired and you are now staying within the grace period of 28 days, you
can visit the office of the Immigration Department to discuss this.
But, as per your wish to apply for Student 500 Sub class visa7 for pursuing higher
studies cannot be complied with it due to the [presence of 8503 condition on your last
visa. Though you are eager to apply for it like your friend Isabella, being registered agent,
it our duty to provide you proper guidance as per clause 2.78 of the said Code of
Conduct9. If we try to mislead you by confirming with your desire, clause 2.910 will be
breached.
Clause 2.2011 provides that the migration agent to inform the applicant regarding
the application charge of a particular visa. For applying Protection Sub Class 866 visa,
about 40 $ application fee required to be paid. Hence, you must pay this amount to apply
for this visa. In this aspect, your cooperation and support are needed to proceed with the
application further. Further, if you have any doubts related to the visa application
procedure, you are requested to communicate with us.
Thanking you,
Yours faithfully,
6Migration Regulations 1994, REG. 2.05(4).
7 Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
student-500>.
8 Australian Code of Conduct, clause 2.7.
9 Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
10 Australian Code of Conduct, clause 2.9.
11 Australian Code of Conduct, clause 2.20.

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2. In this answer, the duties of a migration agent are discussed in the light of the
Migration Agents Regulations 1994- Schedule 2. As per clause 2.812, the migration agent
has the duty to keep his clients well informed about the progress of the visa application
for which he was contacted. He also possesses the duty to inform the result of the visa
application in this regard within a reasonable time. In addition to this, the agent has
responsibility to give the client the agreement of services as well as fees related to his
service and also the fees detail under the clause 5.213 of the Code14.
A close perusal of the facts of present case of Anna Walker and the clauses of the
Regulation of Code of Conduct for the Migration agents, it is revealed that the migration
agent was assigned with the application of Student sub class 50015 visa by a client named
Isabella who is Anna Walker’s friend too. The migration did not keep Isabella updated
about the progress of her visa application. Moreover, the application of Isabella’s visa
was granted seven days before. But the agent did not inform her about it and he kept the
grant paper with him without giving it to Isabella. This revealed that he has violated
clause 2.8 of the Regulation.
Moreover, when Anna had a consultation with the migration agent regarding her
visa application, she was charged 200 $ for which she was not given any receipt but with
12 Migration Agents Regulations 1994- Schedule 2, clause 2.8.
13 Ibid., clause 5.2.
14 Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
15 Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/student-500>.

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only copy of Code of Conduct16. Thus again, it can be concluded that clause 5.2 is
violated by the agent.
16 Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.

6MIGRATION LAW
References:
Legislations:
Australian Code of Conduct
Migration Agents Regulations 1994- Schedule 2.
Migration Regulations 1994- REG 2.05
The Migration Act 1958.
Websites:
"No Further Stay Waiver", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visa-conditions-subsite/Pages/no-further-stay-waiver.aspx>
Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/protection-866>
Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/student-500>
Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>