Migration Law

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

1MIGRATION LAW
Question 1
Letter of Advice
To
Anuman,
The issue in this present situation is whether Anuman can make a valid application in
Australia for a Student Visa Class TU subclass 500 in light of his circumstances. It also needs
to be discussed that whether there will be any difference if his visa was cancelled under
section 116 of the Migration Act 19581.
A person holding a Class FA subclass 600 Visitor Visa is eligible to visit Australia to
indulge to activities in Australia reacting to business or tourism. Under this class of visa,
tourism includes visiting relations and friends, holidays and recreation. The business visitors
may attend negotiations, conferences or a business visit of exploratory nature.
The Migration Regulations 19942 provides for certain conditions under Schedule 2, which
if attached to a visa becomes applicable to the holder of that visa and the holder of such a visa
is required to abide by them. Condition 8101 contained in a visa requires the holder of that
visa to refrain from engaging in work within Australia. Condition 8201 when attached to a
visa prevents the holder of the visa to indulge into any course of study or training, which
continues for a period exceeding 3 months. Condition 8501 when attached to a visa requires
the holder of the visa to maintain sufficient arrangement for the health insurance while his
stay in Australia. Condition 8503 when attached to a visa does not allows the holder to be
granted a substantive visa except a protection visa after he enters Australia and till he remains
1 The Migration Act 1958 s. 116
2 The Migration Regulations 1994

2MIGRATION LAW
in Australia. Condition 8558 when attached to a visa restricts the holder of that visa from
staying in Australia for a period exceeding 12 months within an 18 month period.
Section 116 of the Migration Act 19583 contains provision regarding the power of the
Minister may carry out the cancellation of a visa. This cancellation can be effected by a
Minister, if he is satisfied regarding certain conditions. In case the circumstance or situation
on the basis of which the visa has been granted to a person, ceases to exist, the Minister has
the power to cancel such a visa. The Minister is also empowered to cancel a visa in case the
fact on the basis of which the visa has been granted, never existed. In case the holder of a visa
failed to abide by the condition attached to his visa, the minister has the power to cancel such
a visa. The minister also has the power to cancel a visa in case another person is required to
abide by a condition attached to the visa fails to do the same. The minister can also cancel a
visa if the person after being granted the visa failed to enter Australia or has entered into
Australia but has not cleared the immigration. The minister may also cancel the visa of a
person if the presence of a person in Australia presents a risk to any individual or the
community in Australia. The minister may also cancel a visa in case the application on which
the visa has been granted was not in compliance with the laws prevailing in Australia.
Class TU subclass 500 is a visa that is granted to a person who desires to pursue education
in Australia. This visa if granted allows a person to take admission to a full time course of
study in Australia and the person holding the visa may stay in Australia for a period for
which the course continues or for the period of 5 years. This visa also allows the person to
take up employment for a maximum of 20 hours a week.
In case the visa of a person has been cancelled under section 116 of the Migration Act
1958, the holder of such a visa is not eligible to apply for a visa in Australia. However, the
3 The Migration Act 1958 s.116