Migration Law: Visa Related Cases and Migration Agent Disciplinary Case

Running head: MIGRATION LAW
PART II
VISA RELATED CASES
Name of the student:
Name of the university:
Author note

1MIGRATION LAW
Table of Contents
Answer to question 1..................................................................................................................2
Visa Condition:......................................................................................................................2
Status of initial application:...................................................................................................3
Submission for medical treatment under Class UB:..............................................................5
Valid requirements for Medical Treatment (Class UB) visa:................................................7
Answer to question 2..................................................................................................................8
Migration Agent Disciplinary case........................................................................................8
Reference..................................................................................................................................12

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Answer to question 1
Visa Condition:
The current topic is based on the visa condition of subclass 600 that has been applied on
Fidelma, an Irish student who has come to Australia for the purpose of tour and travels.
Considering the case study, it has been observed that she has applied for the visitor visa under
subclass 600 and applied to stay here for the period of four months. However, she has made
an application later to extend her stay or visa ground; but no positive reply has been made by
the Immigration department to this regard. It has further been observed that Fidelma has been
injured by an accident she met with during her trip and it has been suggested by the doctors
not to roam and take a complete bed rest for forty days minimum. In this case, the visa
condition of subclass 600 is an important thing for her and it is required for her to know about
the grounds of condition in this regard1.
According to the provision of the subclass 600 visa conditions, the tourists are able to stay in
the territorial jurisdiction of Australia for the period of three months and certain visa
conditions such as 8101, 8201 and 8501 should be maintained by the applicant. It has been
mentioned specifically under the Migration Act 1958 that if the applicant has failed to
comply with the visa conditions properly, his visa will be cancelled under section 116 (1) (b)
of the Act2. Therefore, it can be stated that Fidelma has to comply all the conditions properly.
1 Phillips, Janet, and Joanne Simon-Davies. Migration to Australia: a quick guide to the
statistics. Parliamentary Library, 2016.
2 Boucher, Anna. "Measuring migrant worker rights violations in practice: The example
of temporary skilled visas in Australia." Journal of Industrial Relations (2018):

3MIGRATION LAW
According to condition 8101, Fidelma is restricted to engage in any work during her stay and
she is unable to profess any business during her stay at Australia. It has further been stated
under the visa condition of 8201 that the applicant or the visa holder could not able to engage
in any training or studies that goes for more than three months. All such rules have been
mentioned in the schedule 8 of the Migration Regulation 1994.
Considering the facts of the case, it has been observed that Fidelma has met with a serious
accident and therefore, the visa condition of 8501 will be applied on her. This condition
provides health insurance to the holder during his stay at Australia and it is temporary in
nature. Further, provision of subclass 602 has been applied on her that deals with medical
treatment. Under this subclass, the visa holder could apply for the short-term treatment
(subclass 675) or long-term treatment (subclass 685) based on his treatment terms3. Here, the
visa holder could able to stay in Australia more than the terms mentioned in the visa and
could apply before the Immigration Department to expand his terms and conditions.
Therefore, it has been observed that all the visa conditions are necessary to be maintained in
this case and Fidelma is thereby informed that she could apply before the Department or
authority under subclass 602 with an intention to expand the visa terms and make a prayer to
comply all the conditions of Migration regulation.
0022185618783001.
3 Clemens, Michael A., Colum Graham, and Stephen Howes. "Skill development and
regional mobility: lessons from the Australia-Pacific Technical College." The Journal of
Development Studies 51.11 (2015): 1502-1517.