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Assignment on Migration Law | Case Study

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Added on  2019-11-19

Assignment on Migration Law | Case Study

   Added on 2019-11-19

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Running head: MIGRATION LAWMigration lawName of the StudentName of the UniversityAuthor Note
Assignment on Migration Law | Case Study_1
1MIGRATION LAWa)The issue in the given scenario is whether Aysel is entitled to get married and apply for apermanent residence visa under her Student guardian Visa ( subclass 590). According to the subclass 590 visa, the holder is allowed to stay in Australia as aguardian of an international student below the age of 18 years for studying in the country on astudent visa and needs support and care due to exceptional circumstances. The holder of this visais not allowed to work and the person is allowed to reside in Australia for the same span of timeas the student visa holder is allowed to stay or until the student attains 18 years of age1. The visa condition 8101 states that the holder is not allowed engaging in any form ofwork within the country2. The visa condition 5201 prohibits the holder from engaging into anystudies or training for more than 3 months. As per the visa condition 8501, every student isrequired to maintain adequate arrangements for health insurance while they reside in the country.According to the visa condition 8516 the holder must satisfy the requirements for the grant ofstudent visa. According to the conditions of visa 8537, while the nominating student within the scopeof part 580 of Schedule 2 of the Migration Regulations 1994, in relation to the holder of the visaresides in Australia, the holder shall reside within the country3. According to visa condition8538, if the holder in relation to the nominating student leaves the country, the holder mustadduce evidence to the minister that there were compelling circumstances for leaving thecountry4. 1 Migration Act 1958 (Cth).2 Migration regulation 1994 9.3.1.10 visa Condition 8101.3 Migration Regulation 1994 9.3.5.360 Visa Condition 8537.4 Migration Regulation 1994 (schedule 8).
Assignment on Migration Law | Case Study_2
2MIGRATION LAWThe condition of the 8534 visa places a ‘no further stay’ condition, which states that theholder cannot apply for another visa while residing in Australia. in order to waive this visa, theapplicant shall establish before the Minister that since this visa was granted compassionate andcompelling circumstances have developed which is beyond the control of the holder and have ledto significant change in the circumstances5. However, the Department of Immigration does notconsider the following conditions as compelling circumstances:Marriage to or beginning a de facto partner relationship with a permanent resident or anAustralian Citizen;Women who becomes pregnant in Australia and establish that she cannot leave thecountry;Failure to complete a course due to failing in subjectIn the given scenario, Aysel gets involved in a relationship with an Australian resident andwishes to marry him. However, she is a holder of the 590 subclass visa and her visa includes thevia conditions of the 8101, 8201, 8501,8516,8534,8537 and 8538 visas6. According to thesubclass 590 visa, she is permitted to stay in Australia until the period Melek has permission tostay under her student visa. Since the visa conditions of 8534 is provided along with her subclassvisa 590, which places the ‘no further stay’ condition. The conditions provided along with thesubclass 590 visa do not permit Aysel to apply for permanent residence. The conditions of the 8534 visa prevent Aysel to apply for another visa application whileresiding in the country. She cannot waive the conditions under the 8534 visa on the ground thatshe is commencing to be in a de facto relationship with Dennis and wishes to marry him as this5 Migration Regulation 1994 (schedule 8).6 Migration Regulation 1994 9.3.5.370 Visa Condition 8538.
Assignment on Migration Law | Case Study_3

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