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MIGRATION LAW TABLE OF CONTENTS

   

Added on  2020-10-05

10 Pages2630 Words368 Views
Law
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MIGRATION LAW
MIGRATION LAW TABLE OF CONTENTS_1

TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................11. SUBMISSION OF ARGUMENT TO MINISTERS.........................................................12. SUGGESTING ALTERNATIVE VISAS THAT CAN BE APPLIED.............................33. OBLIGATIONS OF LEGAL ADVISOR UNDER CODE OF CONDUCT.....................4CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................7
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INTRODUCTIONMigration law deals with regulations regarding the rights to enter and remain in acountry. This provides provisions and rules applicable to person who holds citizenship of anothernation in respect of residential country. In the present case study of Abdul and Yasmin, validityand eligibility of their visa application for living in Australia is evaluated with reference toMigration Act, 1958 and Migration Regulation 1998. All the relevant section from both theseAct and Regulation will be applied in this case study to frame significant conclusion. Along withthis, references from different case laws by Australian court will also be considered. MAIN BODY1. Submission of argument to ministersSection 501 of Migration Act, 1958: refusal and cancellation of Visa on character groundof an individual-This section lays down the condition on basis of which a visa application of a person withcitizenship of another nation can be denied by ministers (Hoang and Reich, 2017). The mainbasis for refusal of visa application is failing in health and character test. As per this section acharacter test is needed to be passes by a visa applicant. According to section 501(6),requirement to pass this character test are:Applicant has a substantial criminal recordHe/she has been convicted for immigration detention offences.He/she has been in association of a person who is suspected to be engaged in criminalconduct.He/she is a criminal in past or present time or have a general conduct of that.There is a risk associated with their future conduct related with particular type such asrepetition of such offence or crime in that country.In the present case Abdul was found with a past criminal record. To check whether that offencewas substantial reference to section 501(7) is taken (McGrath, 2017). According to this sectionsubstantial criminal record meanslife imprisonment or sentence to death.An imprisonment of 12 month or more.Sentence to jail is for more than two times and total of these two terms is two years ormore.1
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