Migration Law - Answer to Question 1 and 2

This document provides answers to Question 1 and Question 2 related to Migration Law. It discusses the requirements and process for obtaining a medical treatment visa and the disciplinary decision regarding a migration agent's breach of the Code of Conduct.

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Migration Law
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Table of Contents
Answer to Question 1.................................................................................................................3
Answer to Question 2.................................................................................................................8
Bibliography.............................................................................................................................12
Articles/Books......................................................................................................................12
Legislations..........................................................................................................................12
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Answer to Question 1
As implied form the facts of the case, it is observed that Sally has to be provided with
Subclass 602 visa, colloquially known as medical treatment visa at the earliest. The
documents pertaining to her medical treatment must be taken into consideration by the
concerned authorities with regard to her granting of visa. The fees pertaining to the
application of such kind of visas must be paid at the earliest and the correct amount needs to
be disbursed accordingly. She cannot be engaged in any kind of paid or unpaid work in
Australia. If she wants to take up any course in Australia, the period for such a course should
not be more than three months in duration as it is stipulated from such kind of visa that there
should not be more than three months of study. The concerned authorities must expedite the
process with regarding the granting her of medical treatment as far as the category pertaining
to Subclass 602 visa. On the expiry of such a visa, she would not be eligible to stay in
Australia for a further period of time apart from being granted a protection visa. It should be
taken into account that on humanitarian grounds, she should be allowed to stay in Australia
after the expiry of her Working Holiday visa under the ambit of subclass 417. She must abide
by the law of Australia during her stay on the Subclass 602 visa. The aspect related to
medical grounds would help her to capitulate upon her claim pertaining to stay in Australia
with regard to her application regarding the visa. If she is to leave Australia, the case must be
handled in a sensitive manner as she is under a trauma and cannot be released for a month as
observed by the ones who are supervising the medical conditions of Sally on a regular basis.
The hospital has to come forward to make sure that the application of Subclass 602 visa with
regard to her stay in Australia on medical grounds. With such kind of visa, she can stay in
Australia until her treatment and appropriate medical consultations are completed as a part of
her medication and treatment. The authorities must also take into account the fact that due to
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hospitalization, she was unable to make application with regard to her visa pertaining to
medical treatment. She has already made an application pertaining to visitor as far as
Subclass 600 is concerned. However, if the application is not processed by the time her
formalities related to treatment and medication are completed; she must leave Australia on an
immediate basis and return back only when it is observed that her application pertaining to
visitor visa is successful. It is imperative that on a high priority basis, the case of Sally is to
be handled and processed accordingly taking account of the fact pertaining to medical
emergency. It would help in the granting of medical treatment visa for Sally in an effective
and efficient manner.
Her status for the original application pertaining to visitor visa is still under process. Such a
visa is under the ambit of Subclass 600. Since her application is pertinent to the aspect of
tourist stream, her application should be processed on an average of nineteen to twenty seven
days from the date of application filed. With such kind of visa, she can visit many places in
Australia along with family and friends. She can also continue holidaying as she indented to
do so as per the Working Holiday visa under the ambit of subclass 417. With regard to such a
visa under the purview of Subclass 600, she can stay in Australia for a period of twelve
months. Such kind of visa would be quite suitable for Sally as she intends to stay in Australia
for a longer period of time even after the expiry of her Working Holiday visa under the ambit
of subclass 417. If the officials and authorities are satisfied that Sally would not be security
threat to Australia at the national level, she should be granted a visitor visa within the period
as they are generally granted as aforesaid. Her records must be scrutinized in a proper and
appropriate manner so as to arrive at a conclusion and make a decision accordingly with
reference to her application pertaining to visa. She must also meet the aspects related to
health and character as far as tuberculosis and morality is concerned. She must also have the
required funds to prove that she can sustain in Australia during her stay as a visitor. As a
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result, her application pertaining to visitor visa would be capitulated upon accordingly. Once
she has been granted a visitor visa, she can extend her stay for a longer period of tome
accordingly as she has a valid reason which implies that she has a friend Steve in Australia
whom she met in Canada during her studies as observed form the facts of the scenario
provided1. As she has been hospitalized due to trauma, her application must be processed at
the earliest so that she does not have to apply for the visa pertaining to medical treatment
separately as aforesaid thereby resulting in more complexities pertaining to costs and
documentation as far as the hurdles are concerned. It is implied that based on the facts of the
provided scenario, she must be granted visitor visa at the earliest if she is able to prove that
she meets the health and character status as per the requirements along with the amount of
funds as stipulated. It would help in the processing of her claim in a proper and appropriate
manner thereby leading to the granting of such visitor visa at the earliest. The documents
must be scrutinized in a proper and appropriate manner in order to observe whether she has
used deception or not with regard to her obtaining of a visitor visa. If it is observed that she
has used deception with regard to fraud and misrepresentation, she must be refused the visitor
visa at the earliest and be banned from entering Australia for a period as decided by the
Government. The aspect of character must be under the ambit of Section 5C of the Migration
Act of 1958
The application of visa pertaining to medical treatment under subclass 602 would be valid
given the fact that she is hospitalized. It would lead her to stay in Australia for the period for
her treatment and medication following which she would have to make an exit from Australia
if her application pertaining to visitor visa under subclass 602 is not processed accordingly.
The aspect relating to serious crime must also be taken into account as far as the relevant
provisions enshrined and envisaged under the Migration Act of 1958 are concerned. As she
1 Keith Jacobs,. Experience and representation: contemporary perspectives on migration in Australia.
(Routledge, 5th ed. 2016). 100
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arrived on a valid Working Holiday visa under the ambit of subclass 417, it is observed form
the facts of the case that she would not pose a serious threat to Australia at the national level.
Rather, it is observed form the facts of the case that she is a student who has come to
Australia not only to have a great vacation but also to spend quality time with her friend
Steve. Such kind of visa would be a stay visa as interpreted by Section 238 of the Migration
Act of 19582. Acting in contravention of Subdivision B of the Migration Act of 1958 would
lead to imprisonment for a term of two years. The aspect related to the visa pertaining tyo
medical treatment would imply that she would not have to leave Australia on an immediate
basis. The health records must be taken into account and scrutinized accordingly for the
granting of such kind of visa on an emergency basis. The healthcare professionals must play
an important role in the furnishing of the records so as to facilitate the ease of the processing
of the application pertaining to the visa for the purpose of medical treatment in an effective
and efficient manner. It would lead to the prevention and avoidance of the complications
involved in the paper work with regard to her stay in Australia in a legal manner without any
kind of evasion pertaining to the policies and regulations in relation to the conditions of the
visa. The key aspects n this regard would be the concepts of natural justice with regard to
equality and fairness as far as the Constitution of Australia is concerned3. It would help in the
capitulation upon the claim made by Sally in a proper and appropriate manner as far as the
desired outcomes are concerned. It would also lead to the validation of the claim of visa
pertaining to medical treatment in an effective and efficient manner if her application
pertaining to visitor visa is not processed accordingly. As a result, it is imperative that the
Migration Act of 1958 would play an important role in the capitulation upon the claim of
medical treatment visa in the desired manner.
2 Migration Act 1958 (Cth.) s.238
3 John Connell and Phil McManus. Rural revival?: Place marketing, tree change and regional migration in
Australia. (Routledge, 5th ed. 2016). 160
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The main requirements of the medical treatment visa under the purview of subclass 602
would mainly involve the medical documents which would imply the health records of the
person thereby stating the circumstances under which it would be better to grant such kind of
a visa4. A letter or a certificate from the concerned doctor or health practitioner would play
an extremely important role with reference to the capitulation and elucidation upon the claim
pertaining to the application made and filed with regard to the obtaining of such kind of visa.
The documentation relating to financial sustenance during the stay on a medical treatment
visa in Australia would also play the key role in the securing of such kind of visa5. It would
include documentation in the form of letters of the sponsors of the applicant in question who
would be helping the applicant with reference to the financial aspects6. The letter or a
certificate from the concerned doctor or health practitioner must also imply the satisfactory
payments in terms of medical expenses disbursed by the applicant in question. It would
enable the concerned authorities to conclude upon the decision pertaining to the granting of
the medical treatment visa with respect to subclass 602 as far as the validation of the stay of
the applicants on grounds pertaining to medical emergency is concerned7. If the hospital is at
the pubic level, the aspect related to payments pertaining to medical expenses must be
furnished by the financial officer in question or the department pertaining to administration.
Furthermore, it must be stated by the respective public hospital that as a result o f the
treatment meted out to the person to be granted medical treatment visa under the purview of
subclass 602, any person holding Australian citizenship or a permanent residency visa would
be disadvantaged accordingly8. The aspect pertaining to health and character must also be
taken into account in accordance with the relevant provisions enshrined and envisaged in the
4 Migration Regulations 1994 (Cth.) sch.1, reg.1214A
5 Peter McDonald,. ‘International migration and employment in Australia.’ (2015). 54.2 Population Review 100
6 Janet Phillips and Joanne Simon-Davies. Migration to Australia: a quick guide to the statistics. (Canberra:
Parliamentary Library, 4th ed. 2016). 128
7Nicola Burns,. ‘The human right to health: Exploring disability, migration and health.’ (2017) 32.10 Disability
& Society 1450.
8 Janet Phillips, Australia's Humanitarian Program: a quick guide to the statistics since 1947. (Parliamentary
Library, 4th ed. 2015). 192
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Migration Act of 1958. The pages of the passport must contain notarization as deemed to be
fit and appropriate as determined and identified by the relevant provisions enshrined and
envisaged in the Migration Act of 1958. If anyone needs to be authorized pertaining to the
process of the application of such kind of a visa, then separate forms need to be filled up
accordingly. Using of deceptive means and related kinds of malpractices most notably in the
form of fraud or misrepresentation would not only lead to the outright refusal of such kind of
visa but would also result in the ban or restriction pertaining to the entry into Australia for a
certain period of time as decided by the Government. As a result, it is imperative that the
conditions pertaining to the medical treatment visa with regard is justified accordingly as far
as equity and fairness are concerned with regard to migration of foreign nationals in Australia
through different kinds of visas.
Answer to Question 2
The disciplinary decision opted for the paper is pertinent to the credibility involved with
regard to the migration agent of Australia Mr. Amit Ashok Chandwani. The case implies the
acting in breach of the certain clauses of the Code of Conduct for Registered Migration
Agents. Such kinds of breaches primarily imply the acting in contravention of professional
ethics thereby leading to the deception of the potential immigrants with regard to their entry
into Australia. It not only includes the providing of false or misleading information to the
applicants but also implies the helping of applicants pertaining to the forgery of their
documents and encouraging them to lie on their application pertaining to various kinds of
visas for Australia. Such aspects are extremely detrimental pertaining to the migration in
Australia through deceptive and fraudulent means. Such breaches imply the providing of
wrong advice pertaining to migration policies and schemes and failure to lodge applications
with regard to the processing of visas under respective schemes and programs. The agent
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acted in contravention of Section 276 of the Migration Act of 1958. The Migration
Regulations of 1994 and the Migration Agents Regulations of 1998 have also been violated
by the migration agent of Australia Mr. Amit Ashok Chandwani to a massive extent. Notices
have been issued for such breaches as per Section 308 of the Migration Act of 1958 and Sub-
section 1 of Section 311 D of the Migration Act of 1958. The Register of the migration agents
preserved in accordance with Section 287 of the Migration Act of 1958 has also been
scrutinized accordingly thereby implying the conclusion that the action undertaken by the
migration agent of Australia Mr. Amit Ashok Chandwani is sub-standard in nature thereby
falling short of the expectations one normally perceives about a licensed and registered
migration agent. Such kind of conduct on part of Mr. Amit Ashok Chandwani is extremely
unprofessional in nature thereby implying that he is only interested in the fiancés of a person
and not the migration in a genuine manner. As a result, he has been held guilty with regard to
the proceedings pertaining to the disciplinary action initiated against him. Such kinds of acts
also imply the utter misconduct on part of Mr. Amit Ashok Chandwani in the capacity of a
migration agent of Australia thereby leading to the deception of various potential immigrants.
It has led to the violation of basic principles on part of Mr. Amit Ashok Chandwani as far as
the ethics involved with regard to migration agents are concerned. As a result, it is imperative
that the imposition of a bar in the form of restriction or limitation of Mr. Amit Ashok
Chandwani with regard to the practicing as a migration agent of Australia under the
supervision of the Department of Home affairs is justified and appropriate9. It implies that the
decision has played an important role pertaining to fairness in immigration accordingly in the
future thereby cracking down on agents acting in contravention of basic professional ethics.
The ethical factors with regard to the barring of Mr. Amit Ashok Chandwani as a migration
agent pertaining to Australia imply the acting in contravention of the relevant clauses as per
9 Migration Agents Regulations 1998 (Cth) sch 2
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the Code of Conduct for Registered Migration Agents with reference to Section 287 of the
Migration Act of 1958. It implies the acting in violation of the stipulated conduct as a
migration agent. Such kinds of misconduct in the future need to be scrutinized and taken into
account in a proper and appropriate manner so as to prevent the providing of misleading
information to immigration aspirants in Australia. It is also implied from the aspect related to
the disciplinary proceedings that there were instances in which Mr. Amit Ashok Chandwani
did not communicate in an effective and efficient manner as far as the providing of the proper
and appropriate information pertaining to the processing of the application in the desired
manner10. As a result, it led to the invalidation of such kinds of applications as far as the
refusal of visa is concerned. Such aspects simply state the concept of malpractice on part of
Mr. Amit Ashok Chandwani as a migration agent of Australia. As a result, it also implies the
issues pertaining to the management as an agent pertaining to migration as far as the carrying
out of the stipulated duties and tasks in the capacity of a registered migration agent of
Australia is concerned. As a result, it is imperative that the factors relating to the barring of
Mr. Amit Ashok Chandwani as a migration agent of Australia are justified and appropriate.
Mr. Amit Ashok Chandwani as a migration agent could have avoided such kinds of
disciplinary proceedings to a great extent if he acted in compliance of the ethics as stipulated
by the clauses of the Code of Conduct for Registered Migration Agents. Additionally, he
should have provided proper and appropriate information to the applicants pertaining to
immigration in an effective and efficient manner without any kinds of hindrances and
obstacles which mainly involve complexities. The services of migration agents mainly imply
the providing of comprehensive solution to the clients without any kind of major
complexities. The ethics of a migration agent primarily imply the providing of the
information to the potential immigrant in a proper and appropriate manner thereby avoiding
10 Martin Van Der Velde and Ton Van Naerssen. Mobility and migration choices: thresholds to crossing
borders. (Routledge, 6th ed. 2016). 142
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the aspect of red-herring which primarily implies misleading through the providing of false
information. It is imperative that in the capacity of a migration agent, Mr. Amit Ashok
Chandwani has failed to play the desired role with reference to the performance of the
required obligations and duties in a proper and appropriate manner. As a result, he is
restricted from further practicing as a registered Australian migration agent thereby being
barred to do so.
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Bibliography
Articles/Books
Janet Phillips and Joanne Simon-Davies. Migration to Australia: a quick guide to the
statistics. (Canberra: Parliamentary Library,4th ed., 2016). 128
Janet Phillips, Australia's Humanitarian Program: a quick guide to the statistics since 1947.
(Parliamentary Library, 4th ed., 2015). 192
John Connell and Phil McManus. Rural revival?: Place marketing, tree change and regional
migration in Australia. (Routledge,5th ed. 2016). 160
Keith Jacobs,. Experience and representation: contemporary perspectives on migration in
Australia. (Routledge, 5th ed., 2016). 100
Martin Van Der Velde and Ton Van Naerssen. Mobility and migration choices: thresholds to
crossing borders. (Routledge,6th ed., 2016). 142
Nicola Burns,. ‘The human right to health: Exploring disability, migration and health.’ (2017)
32.10 Disability & Society 1450.
Peter McDonald,. ‘International migration and employment in Australia.’ (2015). 54.2
Population Review 100
Legislations
Migration Act 1958 (Cth.) s.238
Migration Agents Regulations 1998 (Cth.) sch 2
Migration Regulations 1994 (Cth.) sch1, reg.1214A
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