Migration Law - Desklib

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

1MIGRATION LAW
A
In the present situation it is clear that Narelle Patel has not complied with the rules
provided under condition 8010 and 8201 according to which she is not allowed to work in
Australia during her period of stay. As she has been found to work as a receptionist the minister
has the right to cancel her visa under the application of s 116 of the Migration Act 1958 (Cth) 1.
Under this section general powers are provided to the department to cancel the visa in case a
person has failed to comply with a condition imposed on the Visa.
B
Under the provisions of s 48 of the MA, once a visa has been cancelled, the person has no
right to make a further visa application other than a few classes of visa2. These classes include a
protection visa or a bridging visa after filing an appeal against the decision of cancellation or a
partner visa. In the present situation it is clear that visa of Narelle Patel has been cancelled under
s 116 of the MA and thus she would only be allowed to apply for a partner visa or a bridging visa
after filing an appeal against the decision of cancellation.
In the present situation Narelle Patel would be holding a Bridging E visa. This is a form
of visa which is temporary in nature. This visa is provided when a substantive visa of a person
has come to an end and it allows the person to stay in Australia in a lawful way while they are
making arrangements to finalize immigration matter, leave Australia or are waiting for a decision
related to immigration. Once a person has left Australia this visa does not allow a re-entry. He
would be specifically holding BVE subclass 050 visa. Under Migration Regulations 1994 (Cth)
1 Migration Act 1958 (Cth) s 116
2 Migration Act 1958 (Cth) s 48