Migration Law

This document provides study material and solved assignments on Migration Law. It includes a letter to Dr James Mathers regarding the assessment of a subclass 124 visa application, an assessment of the file to determine areas of improvement, and file closure requirements in accordance with the Code of Conduct.

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

1MIGRATION LAW
Table of Contents
Question 1: Letter to Dr James Mathers........................................................................2
Question 2: Assessment of the file to determine areas of improvement........................4
Question 3: File closure requirements in accordance with the Code of Conduct..........6

2MIGRATION LAW
Question 1: Letter to Dr James Mathers
To: Dr James Mathers
From: Assistant Migration Agent
Date: May 2, 2019
Subject: An assessment of the application of subclass 124 visa and further actions
The application for a Class AL subclass 124 Distinguished Talent (Migrant) visa has
been dealt with by the agency and it was rightfully forwarded to the Ministry of Home
Affairs for their consideration. However, it has been refused by the department due to certain
peculiarities or misjudgement which will be analysed by the agency forthwith. The Class AL
subclass 124 Distinguished Talent (Migrant) visa lets an applicant stay study and work in
Australia for an indefinite period of time, along with the right to sponsor one’s eligible
relatives for applying for permanent residence in Australia in exchange of a cost of
AUD3,810 plus other fees pertaining to health checks, biometrics and police certificates1.
Although the number of application in this section is low, however the department of
immigration under the Ministry of Home Affairs does not specify any processing time for this
visa which otherwise would have been very helpful for the migration agents to intimate the
applicant. The eligibility criteria of the applicant for this particular visa is to have an
‘internationally recognised record of outstanding achievement’ professionally, in the field of
arts, sports, research or academia. As it can be seen from this application, the applicant meets
this criteria undoubtedly2. Similarly, the criteria that requires the applicant ton be sponsored
by an Australian citizen or permanent resident or an Australian Organisation has also been
fulfilled. It is believed that the applicant was outside Australia when this application was
1 Immi.homeaffairs.gov.au, "Subclass 124 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage,
2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-124#Overview>.
2 Ibid.

3MIGRATION LAW
made to the department of immigration under the Ministry of Home Affairs, as well as when
the department was processing the application. It is believed that this criteria was met as well.
Therefore, the decision of the Ministry to reject the visa application, even after the applicant
met all the eligibility criteria, is strange and needs further review.
The department of immigration has stated that the reason behind it rejecting the
application as it did not find enough reason to believe that the applicant had internationally
recognised record of outstanding achievement. It can be evaluated that the department either
did not receive all the supportive documents that establish the fact the applicant has enough
‘internationally recognised record of outstanding achievement’ or maybe there were some
other issues regarding any other evidentiary documents3. Therefore, it is highly recommended
to the applicant to kindly allow the agency to take this application forward by applying for a
judicial review of this applicant as directed under part 8 of the Migrations Act 1958 where the
Administrative Appeals Tribunal would check the matter from the initial step and would
determine the reason why it was correct or incorrect to reject the applicant4. The agency shall
do its best to provide all that is required to convince the department of immigration of the
authenticity of the application.
3 Immi.homeaffairs.gov.au, "Subclass 124 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage,
2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-124#Overview>.
4 Migrations Act 1958, part 8

4MIGRATION LAW
Question 2: Assessment of file
Assessing the files of the applicant, certain points need to be highlighted so that the
agency can forward an improved and better application for the assessment of the visa
application. The areas that can be improved are:
 The documents provided by the applicant for forwarding to the department of
immigration under the Ministry of Home Affairs need to be extremely accurate and
relevant so that the department does not face any difficulty to match the eligibility
criteria required for the application along with the documents presented by the
applicant.
 In addition, incomplete submission of documents also extend and delay the
functioning of the immigration department to process and take a decision on the visa
application. The agency must look into this matter.
 The application for the subclass 124 Distinguished Talent (Migrant) visa is granted to
people having an ‘internationally recognised record of outstanding achievement’.
Therefore, the agency is required to ask the applicant to provide the most relevant
data and documents that would meet this criteria which is the most significant one for
this subclass.
 Along with, the agency must inform the applicant regarding the full visa charges as
well as the visa application amount which costs around AUD 3,810 plus other
charges for certain other additional payments like health checks, biometric and police
certificates5. It would not be possible for the agency to carry forward the application
with a lesser application amount.
These areas need immediate attention and has a room for improvement pertaining to this
application.
5 Immi.homeaffairs.gov.au, "Subclass 124 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage,
2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-124#Overview>.

5MIGRATION LAW

6MIGRATION LAW
Question 3: Requirements as to file closure as per the Code of Conduct
For the purpose of terminating the ‘Agreement for Fees and Services’ that Dr James
Mathers signed with this migration agency, it is to be noted that the applicant needs to
intimate the agency by way of a written notice6. A written notice would be necessary for the
agency to stop all progress made pertaining to the client’s visa application with immediate
effect. On receiving the notice, the agency would update the client’s file to get an information
regarding the present status of the application which was undertaken by the agency on behalf
of the client7. The agency shall return all the documents that the client or his new migration
agent is entitled to. In addition, the agency would also settle the financial matters involved
with the application, within the next 7 days after receiving such notice of termination. The
agency would not be entitled to withhold any document that pertains to James.
6 Mara.gov.au, "Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au
(Webpage, 2019) <https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-
of-conduct/>.
7 Migration Regulation Act 1994

7MIGRATION LAW
Bibliography
Legislation
Migration Regulation Act 1994
Migrations Act 1958
Official Website
Immi.homeaffairs.gov.au, "Subclass 124 Distinguished Talent Visa",
Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-
a-visa/visa-listing/distinguished-talent-124#Overview>
Mara.gov.au, "Code Of Conduct - Office Of The Migration Agents Registration Authority",
Mara.Gov.Au (Webpage, 2019) <https://www.mara.gov.au/becoming-an-agent/professional-
standards-and-obligations/code-of-conduct/>