Migration Laws and Migration Act 1958 Assignment

Added on - Apr 2020

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Running head: MIGRATION LAWSMigration LawsName of the studentName of the universityAuthor note
1MIGRATION LAWSThe case was related to an appeal against the decision of the administrative appeals Tribunalwith respect to taking into account appropriate consideration for deciding a visa application. Inthis case the delegate of minister of immigration and border protection refuse to issue theapplicant a student subclass 572 visa. An appeal was made by the appellant stating that there wasan error made by the Tribunal in relation to exercising its powers of reviewing and primarydecision provided by the delegate of the Minister by not paying attention to the matter which hadto be mandatorily considered by them.According to Section 499 of the migration Act 1958 it was the duty of the Tribunal to payattention in relation to specific matters which included the circumstances of the applicant alongwith immigration history and other matters which are relevant. As a Tribunal ignored overlookedsearch specific matter the Tribunal is deemed not to pay attention to them. There was acertificate provided by a health practitioner in Australia that the applicant is suffering fromdepression. The reason for the alteration in the educational course was provided by the applicantwere written statement. There was a failure on the part of the Tribunal to exercise the powersprovided to it in relation to the review of the primary decision given by the delegate of ministeras it failed to conduct a review of such decision or giving such decision in an unreasonablemanner.It was provided by the Tribunal that it is not satisfied in relation to the evidence provided beforeit that the applicant has genuine interest towards achieving a successful educational outcomefrom the time he arrived in Australia. It was also provided by the Tribunal that it considered themedical condition of the applicant that he was suffering from depression. It was further stated bythe Tribunal that the medical report from India are provided through and assessment conductedby an Indian medical practitioner over telephone conversation. Therefore Limited weightage is
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