Australian Immigration Law: Visa Application Analysis and Requirements

This assignment analyzes several aspects of Australian immigration law, focusing on visa applications and requirements. It begins by examining the Labor Market Testing (LMT) requirement for the subclass 482 visa, determining whether an employer must fulfill this before submitting a nomination application. The assignment then addresses Public Interest Criterion (PIC) 4014 and its implications for future visa applications. Following this, it explores the eligibility for a Medical Treatment (Class UB) subclass 602 visa, considering scenarios where a visitor visa has been refused. The analysis extends to the Student (Class TU) subclass 500 visa, evaluating eligibility based on the applicant's current visa status. The assignment also addresses sponsorship applications, specifically focusing on the five-year gap requirement between applications and the impact of previous convictions on sponsorship eligibility. Finally, it defines functional English and outlines the evidence required to satisfy this criterion for visa applications.

Question 1
(a)
The issue in this question is if the employer is required to fulfill the Labor Market Testing
requirement before it can submit a nomination application for sponsoring Stan for 482 visa?
It needs to be noted in this regard that the TSS visa had been introduced by the Department of
Home Affairs on 18th March, 2018. This had effectively abolished its predecessor, which was
the subclass 457 visa. It is retired several requirements have been prescribed for the employer
that need to be fulfilled for the purpose of nominating an employee for TSS visa. One
requirement that is present in this regard that the business should have tested the local labor
market. This takes place in the form of advertising the nominated position, before any overseas
and citizen worker is nominated. The objective of this requirement is to satisfy the Department of
Home Affairs that a suitable Australian worker was not available for filling the role in question.
In this regard, the Department of Home Affairs have prescribed a very particular and the rigid
requirements regarding the type of evidence, that is going to be accepted by them for approving a
TSS nomination.1 The evidence which fulfills the following criteria is generally be considered a
sufficient in this regard. (i) The nominated position should have been advertised in Australia. (ii)
the advertisement was in English and it included the information mentioned below. The title or
description of the position; the name of approved a sponsor or name of improvement agency
working for the sponsor; annual earnings for the position.
1 Adam Grimm, "Studying To Stay: Understanding Graduate Visa Policy Content And Context In
The United States And Australia" [2019] International Migration.

It is also required in this it at that at least two advertisements and should have been published in
one of the following.
A national recruitment website. This can be described as a prominent or professional recruitment
website publishing the advertisements for positions across Australia. For this purpose, general
classifieds websites or the advertisement that has only been published on social media
notifications like LinkedIn, Twitter or Instagram will not be acceptable method for this purpose.
National print media, this includes the national newspapers or magazines that are published at
least every month and are marketed across Australia.
National radio, and radio programs that are broadcast across the nation.
The sponsor is accredited, on the website of the businesses.
In this regard certain limitations are present in case of these requirements. LMT is not a
nomination requirement in cases where:
The nominee is a citizen or national of China, Japan or Thailand or is a citizen/permanent
resident/national of Chile, New Zealand, Korea or Singapore.
The nominee's current employee of the company that is associated entity of the sponsor and is
located in Korea, Japan, China, New Zealand or ASEAN country.

The nominee is current employee of associated entity of the business of the sponsor operating in
a WTO member nation, is nominated as executive of senior manager and has the responsibility
for an at all significant part of the operations of the company in Australia.2
The nominee is, an executive or senior manager and has been nominated by an overseas business
sponsor who is operating in a WTO member nation and as that stability for establishing new
operation of its business in Australia.
Therefore in the present case, the employer of Stan will be required to meet the Labor Market
Testing requirement before it can submit a nomination application for sponsoring Stan four 482
visa.
(b)
the issue in this question is if Stan will face any issues in satisfying the Public Interest Criterion
4014 when he is going to apply for another visa in future. It needs to be noted in this regard that
the intention behind the introduction of public interest criterion is is to significantly raise the
level of integrity in visa applications as this criterion provides a strong disincentive for the
persons who are considering to give all called to be given a bogus information or document,
which is false and misleading related material particulars. At the same time, this criterion also
requires that the applicants should satisfy the delegate regarding the identity.3
2 Elsa Koleth, "Unsettling The Settler State: The State And Social Outcomes Of Temporary
Migration In Australia" (2017) 3(1) Migration, Mobility, & Displacement.
3 Joel P. Trachtman, "Is Migration A Coherent Field Of International Law? The Example Of Labor
Migration" (2017) 111 AJIL Unbound.

In this way, the Public Interest Criteria of the migration regulations, 1994 is among the criteria
for grant of visa at the requirement for satisfying PIC has been waived, it has to be satisfied for
the purpose of the grant of visa. On the other hand, the failure to satisfy the PIC can be down for
the refusal of visa, but it is not a ground for the cancellation of visa.4
4 Dennis Wesselbaum, "Labour Market Dynamics In Australia" (2014) 47(2) Australian Economic
Review.

Question 2
(a)
In the present case, a visitor visa application made by Roger has been refused. It needs to be seen
if Roger can make a valid application for Medical Treatment (Class UB) subclass 602 visa in
Australia. This visa can be granted if any person is planning to hold medical treatment or
medical consultation in Australia or if the person is planning to donate or receive an organ.
Student visa can also be the two person who is planning to support someone else, who is going
for medical treatment and has applied for medical visa. The relevant provision in this regard is
that if the person is less than 50 years of age in Australia on any other visa and has been refused
permanent entry on health grounds, still this visa can be granted.
The circumstances, it can be concluded that even if the visitor visa application border has been
refused, but it does not preclude him from making a Medical Treatment, Subclass 602 visa.
On the other hand, a person cannot apply for the medical treatment visa if the person already
holds another visa and a no further state condition has been attached to such a visa. Therefore in
the present case, if a no further state condition has been attached to the bridging visa granted to
us to Roger, he cannot apply for the medical treatment visa, subclass 602.
(b)
The medical treatment visa allows a person to stay in Australia for medical treatment. It also
allows a person to study for three months, unless the person is less than 18 years of age and there
is a change in circumstances while the person is in Australia. This visa also allows a person to
travel to Australia either once for entering the country and treatment plan is completed or as
many times the person wants while the visa is still valid.

In this case, it is required that if the person has applied for the visa in this area, the person is
required to be present in Australia at the time of the decision made on the visa. On the other
hand, if the person has applied outside Australia, the person should be outside Australia when the
visa is decided.
Such person is also required to provide documents for establishing the claims that have been
made in the visa application of the person. These documents can be found in the document
checklist. It is possible that some documents may take time for obtaining. Therefore all the
required documents should be ready at the time of making the application so that any delay in
processing can be reduced.5
Therefore, the documents mentioned in the checklist should be submitted by Roger while making
the visa application for medical treatment visa, subclass 602.
Question 3
In the present case, it seen if Kevin can make an application for student (class TU) subclass 500
visa as he had arrived in Australia on a visitor visa. Purpose, the general right for making
For this web is the general criterion for making a valid student visa application has to be
considered. This criterion can be described as follows:
therefore, if the person is present in Australia at the time of making the application, then the
person should hold a substantial temporary visa. The law provides that an individual cannot
apply for a student visa subclass 500 if the person holds the following types of temporary visas
5 Tom Wilson, "Can International Migration Forecasting Be Improved? The Case Of Australia"
(2017) 13(1) MIGRATION LETTERS.

Visitor visa subclass 600 if the application was a sponsored family or approved destination status
stream
 Domestic worker (temporary) visa subclass 426
 Temporary work visa , subclass 403
 Transit visa subclass 771.
In view of these restrictions, it can be concluded that in the present case Kevin cannot make an
application or visa for student visa, subclass 500
Question 4
The issue here is if John can make a sponsorship application for Birgitta. There are provided in
this regard that no more than two sponsorship applications can be made and they should not be
less than five years apart. In the present case, the first part managed application has been made
on an21 February 2014, and it was approved on 20 September, 2014. However, the relationship
between the parties broke down on 28 February, 2015. Later on, John moved to Germany for two
years. He had the effect of relationship with Birgitta on 14 January 2017. Therefore, in case the
delegate had made a decision on the sponsorship application made by John on 1 February, 2019.
It has to be seen if there is a gap of five years present between the two applications due to the
reason that in the present case, the two applications have not been made. Five years apart, in the
present case, the delegate will make the decision of refusing the sponsorship application made by
John.

(b)
On the other hand, if the delegate was going to consider the sponsorship application made by
John on April 2019, there will be a gap of five years present between the two sponsorship
applications made by John. As mentioned above, it is required by the law that there should be a
gap of five years present between the two sponsorship applications and no more than two
applications can be made in this regard. Therefore if the sponsorship application was going to be
considered by the delegate in April 2019, both of these conditions will be fulfilled and the
sponsorship application made by John is likely to be approved by the delegate.
In this case the earlier sponsorship of Ratika is not going to be a problem for the recent
sponsorship application made by John.
(c)
In this case, the issue is if it is assumed that John had been previously convicted of high range
drink driving offense in Adelaide and he was sentenced to 12 months imprisonment, will this
previous conviction going to affect his ability for sponsoring the partner these application made
by Birgitta?
The law provides in this regard that the sponsorship application made by a person is not going to
be approved if the person has been convicted for a relevant offense and has a substantial criminal
history. In this regard, the relevant offense includes but is not confined to the offenses involving
violence, breaching a protection order, intimidation human trafficking and weapons.

But the present case, the conviction of John is not related with these offenses. As a result, it can
be concluded in this case that the previous conviction of John is not going to affect the
sponsorship application made by him regarding the visa application of Birgitta.
Question 5
Simply stated, functional English means that a person has good enough knowledge of basic
English for performing everyday tasks. Or in other words, it can be stated that functional English
means that a person is able to understand and communicate in simple English whenever required.
In order to prove functional English before the Department of Home Affairs, Carl is required to
produce evidence that he is a citizen of and holds a valid passport of the United Kingdom, the
Republic of Ireland, USA, Canada or New Zealand. Alternatively, Carl has to establish that these
English has been assessed as functional by an Australian adult migrant English program service
provider or even have to establish that he had completed a degree, higher degree or diploma in an
institution in our outside Australia that needs at least two years of austerity and they're all the
instructions were given in English.
In the present case, Carl had been studying in the United Kingdom and all the instructions were
given in English. As a result, Carl can establish before the Department of Home Affairs that he
has 'functional English'.

References
Grimm, Adam, "Studying To Stay: Understanding Graduate Visa Policy Content And Context In
The United States And Australia" [2019] International Migration
Koleth, Elsa, "Unsettling The Settler State: The State And Social Outcomes Of Temporary
Migration In Australia" (2017) 3(1) Migration, Mobility, & Displacement
Trachtman, Joel P., "Is Migration A Coherent Field Of International Law? The Example Of
Labor Migration" (2017) 111 AJIL Unbound
Wesselbaum, Dennis, "Labour Market Dynamics In Australia" (2014) 47(2) Australian
Economic Review
Wilson, Tom, "Can International Migration Forecasting Be Improved? The Case Of Australia"
(2017) 13(1) MIGRATION LETTERS