Migration Law

MIGRATION LAW
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Table of Contents
Answer 1....................................................................................................................................3
Concise submission to the minister........................................................................................3
Additional Evidence...............................................................................................................6
Answer 2....................................................................................................................................6
Answer 3....................................................................................................................................7
Bibliography.............................................................................................................................12
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Answer 1
Concise submission to the minister
To
The Minister
Issue: Present submission is regarding explanation of reasons due to which Contributory
Parent (subclass 864) visa application of Chatura and Asheni should not be refused under s.
501.
Section 501 of the Migration Act asserts that the person does not clear the character test in
case the applicant fall under of the grounds which have been specified in subsection 501 (6)
(a) to (d). The specified grounds have been provided below:
 Association with person who are under suspicion for being related with criminal
conduct.
 Significant risk relating to specific type of future conduct.
 Present or past criminal along with general conduct.
 Significant criminal record.
 Conviction for immigration custody offence1.
1 Refusal or cancellation of visa on character grounds. Migration Act 1958 – Sect 501. 25th
Feburary 2019. Commomwealth Consolidation Acts. <
http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html>
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In present case as Chatura has been sentenced for 11 months due to causing serious harm to
his girlfriend when he was 18 years old. However, he has also provided the psychiatric report
relating to his mental state while he committed the crime. Along with same he also presented
the certificate of psychiatric in which it was stated that the specified kind of conduct will not
repeated. Further, he has also joined six month anger management program even though it
was not part of the condition for his release from prison.
It can be accessed from above assertion that Chatura visa application has been appropriately
refused on the grounds of section 501of Migration Act. As, he is having past criminal record
due to which he failed required character test. Further, Asheni application has been rejected
on the basis that she is in association of a person who is having criminal record.
In this situation the two stage decision making process can be applied in order to assess
whether the visa application should be cancelled or not as per section 501 of migration act2.
In first stage, the minister is required to consider that whether the applicant has cleared the
character test which has been specified in subsection 501(6) of the act. Further, in case the
authority is assure that the threshold test specified under section 501 (1), (2) or (3) relating to
refusal has been has been met than the second stage of decision making process is triggered
under section 501. In this stage, appropriate authority makes decision in order to apply their
discretion power for refusing or cancelling the visa of applicant. The second stage can be
applied by the authority in order to not to cancel the visa on the basis of following reasons:
 Chatura was sentenced when he was 18 years for the conduct due to which he harmed
his girlfriend because she cheated on him. However, he has provided psychiatric
2 Administrative Decision-Making in Australian Migration Law. 25th February 2019.
Australian National University.< http://press-files.anu.edu.au/>
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