Migration Law: Visa Cancellation and Alternative Options

Running head: MIGRATION LAW
MIGRATION LAW
Name of the student
Name of the university
Author note

1MIGRATION LAW
Table of Contents
Answer to question 1..................................................................................................................2
Answer to question 2..................................................................................................................4
Answer to question 3..................................................................................................................5
Reference:..................................................................................................................................9

2MIGRATION LAW
Answer to question 1
To
The Ministry
Immigration and Border Protection Department
Australia
Sir,
Mr. Abdul and his wife Mrs. Yasmin have made a contributory parent visa application
before the immigration department. However, the application was cancelled under section
501 of Migration Act 1958. I am appointed as their registered migration agent and thereby
crave your attention regarding the concise submission so that you may revise the decision of
the department on the following ground:
All the migration related courses and problems are maintained by the Immigration and
Border Protection Department. Therefore, certain duties have been imposed on the
department. Every individual, who is applying for any visa to stay in Australia, must have to
qualify certain tests. Character test is among them. The main intention of the immigration
department behind the same is to secure the national and community interest of Australia1. If
any person has failed to comply with the provision of the character test, his visa application
will be rejected or cancelled under section 501 of the Migration Act 19582. Further, under
section 501(3), it has been mentioned that the Minister or the delegate has the right to cancel
the visa application if the required grounds are not met properly. However, the minister has a
right to revise the cancellation of visa and grant visa under section 501B of the Act. In this
1 Donnelly, Jason. "Utilisation of National Interest Criteria in the Migration Act 1958 (Cth)-A Threat to Rule of
Law Values." Victoria UL & Just. J. 7 (2017): 94.
2 Migration Act 1958 (Cth) s. 501

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case, it is important to point out the required grounds for the character test mentioned under
section 501(6) of the Act3.
According to this section, any person who have a criminal record or who has been
convicted while in the immigration detention, could not apply for visa. Further, any applicant
against whom an allegation under section 197A has been made could not qualify the
character test. The person must not engage with any criminal activities and should not be
charged with an offence. According to the previous record of my client, it has been observed
that he has been convicted and sentenced for giving bribe to the government official and
based on the fact, his application of visa has been cancelled. However, in this concise
submission, I am requesting you to reconsider my client’s on the following grounds:
According to the fact sheet 79, no person ought to be liable for any criminal
substantial record. However, it has also been mentioned under fact sheet 65 that the
responsible minister has certain discretionary power to revise the decision for cancellation.
The character of the applicant must not affect the communal interest of the country is the first
requirement4. According to the previous report of my client, it has been observed that he has
committed an offence thirty years ago and since then, nothing has been complained against
him. Further, he is a man of social work and a major portion of his profit amount goes to
various social organisations. Additionally, he is an active member of women refugee camp in
Malaysia.
According to the provision of the contributory parent visa, the applicant should have
the eligibility to meet the balance of family test. According to the rule, the applicant should
have a child who is a permanent resident of Australia. My client has successfully passed this.
According to fact sheet 65, if the cancellation of visa will affect the family of the applicant,
3 Migration Act 1958 (Cth) s. 501(6)
4 Donnelly, Jason. "Utilisation of National Interest Criteria in the Migration Act 1958 (Cth)-A Threat to Rule of
Law Values." Victoria UL & Just. J. 7 (2017): 94.