How the United States Immigration System Works

Running head: MIGRATION LAW
Migration Law

Running head: MIGRATION LAW
Le V Minister for Immigration [2019] FCCA 2167 (12 August 2019
A partner (Subclass 820 or 801) is a particular type of Visa that allows one's spouse or
partner to travel to Australia and stay with you. It is, however, important to note that the person
already residing in Australia should meet specific credentials before a Visa is granted to their
partner or spouse. First, they should be a permanent resident in Australia and should be an
Australian citizen or individuals that are eligible New Zealand residents.1 There are two
categories of application for a Partner (Subclass 820 and 801) visa; the onshore and offshore
applications. In either of these two applications, it is a requirement that one has a temporary visa
before a permanent one is issued. In this case, the client's wife already resides in Australia and is
three months pregnant. She needs an onshore Visa because she is already in the migration zone
during the time of application. As a result, the migration Act provides that the wife can
potentially stay in Australia until a decision is made regarding her visa application.
2It is important to note that no further stay condition when imposed on a visa, this implies that
the person cannot in anyway apply for another visa to extend their stay in the country.
Exceptions only exists for a protection or a temporary visa of any kind. According to the
Australian migration law, there is a certain class of visas that must be imposed with condition
1 Grewcock, Michael. "Reinventing ‘the stain’: Bad character and criminal deportation in
contemporary Australia." In The Routledge handbook on crime and international migration, pp.
151-168. Routledge, 2017.
2 Hirsch, Asher Lazarus. "The borders beyond the border: Australia’s extraterritorial migration
controls." Refugee Survey Quarterly 36, no. 3 (2017): 48-80.

Running head: MIGRATION LAW
8503. Some of these classes of visa are; Training and research visa (Subclass 402) which works
only for the professionals, work and holiday visa (sub class 426) and a visitor visa (sub class
600). In the case presented here, we see that Ms Le had a visitor visa (sub class 600), which
already had a condition 8503 imposed on it according to the Australian migration regulations.
3The no further stay condition is like a red flag, when catches up, there is no way individuals
having this conditions imposed on their visas will be allowed to stay in Australia. They can only
stay in the country long enough until issues regarding their visa applications are resolved, if they
had made one in the first place.
The case on Le V Minister presented here has numerous implications on the client's wife
case of visa application. This is so because there are specific scenarios that are somewhat alike in
both cases. Just like in the Le V Minister case, there is also a condition 8503 imposed on the
client's wife current visitor visa. Also, in both cases, the application is onshore because both
applicants are in the migration zone; Australia. Some of the implications are outlined below;
First, application may be deemed invalid, just like in the Le V Minister case. This is
regarding section 46(1A) of the Act. The section dictates that application is considered invalid if
client happens to be within migration area upon the date of application. Also, if the applicant
already held a visa during this time. However, there are exceptions for the case of protection or
temporary Visa. In addition, there is the issue of condition 8503. According to the Act,
immediately after entering Australia, 8503 holders will not be entitled to be guaranteed any other
temporary or substantive Visa, in fact, the application is deemed invalid just upon application
3 Horner, Jed. "Widening the net or streamlining the process? Migrant health screening and
securitisation in Australia and beyond." Critical Studies on Security 3, no. 1 (2015): 118-121.