Migration Law

This document provides information on migration law and visa applications. It explains the different streams of visitor visas and their conditions. It also discusses the ethical and legal obligations of a migration agent.

Running head: MIGRATION LAW
Migration Law
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Author Note

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To: Anuman Amudee
From: Registered Migration Agent
Date: 20 March 2019
Subject: Advice regarding visa application
To begin with, the visa holder/applicant, Mr Anuman Amudee is a citizen of
Thailand, holding a Class FA subclass 600 visitor visa which is usually granted for visiting
family members, for pursuing business work or to the tourist for a period, which might
extend from 3 to 12 months ("Visitor visa (subclass 600)", 2019). This kind of subclass visa
is granted to five streams of visitors:
a) Tourist Stream
This includes the people who are travelling to the country for a recreational purpose
or for visiting friends or family living in Australia, other than purposes like business work or
medical treatment. It may be granted for a period of 12 month but not more. It may be applied
while the person is in Australia under another subclass visa and wants to extend it, or usually
when outside the country ("Visitor visa (subclass 600)", 2019).
b) Business Visitor Stream
This subclass visa is granted to people who are travelling to Australia for business
reasons, like for attending meetings or negotiations; however such person cannot work there
or sell goods or services. For this stream, the applicant must be outside the country while
applying for it. It is granted for a period not more than 3 months ("Visitor visa (subclass
600)", 2019).
c) Sponsored Family Stream
This kind of visa is for people who are visiting friends or family members living in
Australia. There must have a sponsor staying in the country who would be able to provide a

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bond for the applicant. The applicant must be outside the country while applying for it and
cannot apply for another visa after arriving in Australia. It may be granted up to a period of
12 months ("Visitor visa (subclass 600)", 2019).
d) Approved Destination Status Stream
This subclass visa is granted to applicants from People’s Republic of China travelling
to Australia in a group tour ("Visitor visa (subclass 600)", 2019). The applicants must be
outside Australia while applying for it. This visa can be granted for a period which is to be
decided by the Department of Home Affairs (Immigration Department).
e) Frequent Traveller Stream
This type of visa is also granted to the applicants from the People’s Republic of China
who has been travelling frequently to Australia for person or business reasons. It can be
granted for a period of 10 years, however, the applicant is only allowed to stay for a period of
3 months and not more at a stretch, every time he visits Australia ("Visitor visa (subclass
600)", 2019).
In addition, Mr Amudee’s subclass 600 visitor visa has been set with 5 different visa
conditions, which impose certain restrictions on his stay in Australia ("Visitor visa (subclass
600)", 2019). The particular visa conditions applied to his current visa are discussed below:
 8101: This condition restricts the visa holder from working in Australia.
 8201: The visa holder can engage himself in any study or training related course for a
period not exceeding three months under this condition.
 8501: This condition makes it obligatory for the visa holder to have an adequate
arrangement for his health insurance during his stay in Australia
 8503: After entering Australia, the visa holder will not be entitled to a substantive
visa, except for a protection visa during his stay in Australia according to this
condition.

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 8558: This condition disallows the resident to stay for a period more than 12 months
in any 18 month visa period.
As per the regulation under the visa subclass 600 and the restrictive conditions
applied along with the visa, Mr Amudee is not permitted to work in any form of occupation,
which he has breached. Therefore, his concern of getting his visa cancelled under Section 116
of the Migration Act 1958 is genuine and serious. Section 116 (1) (b) of the Act clearly states
that the visa is to be cancelled in case the visa holder does not comply with the conditions of
the visa. Therefore, the Minister would be liable to cancel Mr. Amudee’s as he breached the
condition 8101 that restricts him from working in Australia. In addition, he would not be able
to apply for the subclass 500 student visa as his current visa has a restrictive condition of
8503 which clearly states that the visa holder cannot extend his stay further. It does not allow
the grant of another substantive visa while there is an ongoing visa and the visa holder is in
Australia, unless it is a protective visa. Application for another visa would be considered as
invalid. Therefore, as long as the subclass 600 visa is applicable to Mr Amudee, he cannot
apply for subclass 500 student visa for studying agriculture at the University of Melbourne
("Department of Home Affairs", 2019).
As a consequence of the breach of visa condition 8101, which is the restriction on
working while holding a visitor visa would get the current visa cancelled by the Immigration
Department and would be asked to leave the country with immediate effect. In addition to
this, such a consequence would put additional restriction on the defaulter to be allowed
another visa for his next visit or stay ("Visitor visa (subclass 600)", 2019). Therefore, even if
the current subclass 600 visa is cancelled, there are less chance that Mr Amudee would be
granted a subclass 500 student visa ("Department of Home Affairs", 2019). Therefore, it is
advised to Mr. Amudee not to apply for the subclass 500 student visa as it would not be
granted even if the subclass 600 visa is cancelled.

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QUESTION 2
Ethical and Legal Obligation of a Migration Agent under Migration Agents Regulations
1998(Cth)
According to the Migration Agents Regulations 1998(Cth) a migration agent is
required to perform honestly and diligently, with integrity and good character. The agent
must deal with fair means with the clients, disclosing any matter important to the client’s
case. The agent needs to keep confidentiality of his clients and not disclose anything in
regards to agent-client conversation and dealings. An agent must not discuss about one of his
client’s case with another, without the consent of the client, as it defeats the agent-client
relationship confidentiality. It is one of the major duty of an agent to preserve his client’s
privacy and confidentiality. The agent must always convey his advice to his clients in writing.
A migration agent must do his work along with conveying messages to client within
the stipulated time. He must ask for the required information as well as documents within a
time, within which it is feasible for the client to submit them to the agent. In conducting his
duty, the agent must be fair, honest and courteous while dealing with his clients. In addition
to such conducts, an agent must set a fee which is reasonable pertaining to his client’s case.
The agent must give a quotation of his fee that he charges on the basis of per hour. The agent
needs to convey the exact work that he is going to do for the client along with the total fees
that the overall work is going to cost the client. An agent must not discuss about one of his
client’s case with another, without the consent of the client, as it defeats the agent-client
relationship confidentiality.
It is one of the major duty of an agent to preserve his client’s privacy and
confidentiality. The agent must not disclose the extra fees and charges that may be incurred
from departmental fees and charges. All such advices should be conveyed to the client in
writing. The agents must not intimidate his clients for his own benefits. The agent must give a

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quotation of his fee that he charges on the basis of per hour. The agent needs to convey the
exact work that he is going to do for the client along with the total fees that the overall work
is going to cost the client. A registered migration agent must not engage in pressuring the
client or threating the client physically. The agent must never manipulate the client of his
conditions and making him do anything unethical. Lastly, the migration agent must not lie to
his clients regarding the outcome of their visa application.

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References
Department of Home Affairs. (2019). Retrieved from
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500
Migration Act 1958
Migration Agents Regulations 1998
Visitor visa (subclass 600). (2019). Retrieved from
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600