Detailed Application Under Section 195A, Migration Act 1958

This report presents an application for a detainee visa under Section 195A of the Migration Act 1958, submitted on behalf of Aklina Juri. The application details the applicant's history, including her migration to Australia in 1968, subsequent permanent residency, and eventual revocation of her visa due to criminal charges. The report outlines the legal complexities arising from her statelessness, as Croatian authorities cannot confirm her citizenship, preventing her removal. The application argues that, given her indefinite detention, her participation in rehabilitation programs, and the presence of her family in Australia, granting a visa under Section 195A is the most viable and humane solution. The report highlights the Minister of Home Affairs' discretionary power and emphasizes the public interest in her rehabilitation and family reunification, citing the provisions of the Migration Act 1958 to support the request.

Running head: APPLICATION UNDER SECTION 195A OF THE MIGRATION ACT, 1958
APPLICATION UNDER SECTION 195A OF THE MIGRATION ACT, 1958
Name of the Student
Name of the University
Author note

1APPLICATION UNDER SECTION 195A OF THE MIGRATION ACT, 1958
To,
Minister of Home Affairs.
Dated: 20.03.2018
Dear Sir,
RE: Application for Visa under Section 195A
I am the Registered Migration Agent acting on behalf of Aklina Juri who migrated to the
Australia in 1968 with her parents. Since the migration, she had been granted a permanent visa
(Class BF transitional) to continue to reside within the territorial jurisdiction of Australia
indefinitely. By virtue of the granted visa she continued to reside and undertake occupational
activities within the jurisdiction. It is pertinent to note that in 2004, due to a tragic turn of events,
her parents suffered terminal injuries from a car accident and are since deceased. Subsequently
due to various socio-economic pressures she has been associated with substance abuse charges
and various other criminal acts that are deemed to have been committed to facilitate the habit. In
October 2016 her permanent visa stood revoked due to the repeated criminal charges. This was
done in accordance with the provisions of s. 501(3A) of the Migration Act, 19581.
Resultantly, she was liable to be removed from the territorial jurisdiction of Australia as
per the provisions of Section 1982 which deals with the removal of unlawful non-citizens. She
consented to being relocated to her home nation as would be customary in case of such removals.
1 Migration Act, 1958 s.501(3A).
2 Migration Act, 1958 s. 198.

2APPLICATION UNDER SECTION 195A OF THE MIGRATION ACT, 1958
Her place of domicile, as evidence would show, is now known as Dubronvik which is now under
the jurisdiction of the Republic of Croatia. Her movement papers in 1968 were sanctioned by the
then Socialist Federal Republic of Yugoslavia. All documents pertaining to proof of her
citizenship have been submitted and processed to the Croatian authorities. During the processing
of the documents she was detained at a detention centre (Maribyrnong Immigration
Detention Centre) as per the provisions of Section 1893. The detention period would continue to
be in force until visa is granted or proof of her Australian citizenship is produced (which does
not exist).
The Croatian Authorities have confirmed that no records of Aklina Juri or her parents
being citizens of Yugoslavia can be traced. It is suspected that if such records did exist it would
have been destroyed or misplaced during the Yugoslav Wars. Thus, no official records of her
citizenship can be authorized by the Croatian Authorities and that would mean they would not
grant her asylum even if the Australian Government made arrangements to have her removed to
her country of origin. In such a case, application for visa would be time barred and as such the
same would not be considered as per the provisions of section 194 and 195 of the act. However,
by virtue of the provisions of section 193 (d) (i) and (ii)4 (both of which apply to her) sections
194 and 195 would not apply as her detention is under Section 189 of the act. This poses a
peculiar situation where she cannot remain in detention indefinitely yet she cannot be removed to
her country of origin.
In light of these circumstances the only plausible solution is the issuance of a detainee
visa. This happens according to the provisions of section 195A5 and only the Minister of Home
3 Migration Act, 1958 s.189.
4 Migration Act, 1958 s. 193(d).
5 Migration Act, 1958 s.195A.

3APPLICATION UNDER SECTION 195A OF THE MIGRATION ACT, 1958
Affairs is authorized to grant such a visa. According to Section 195A(2) if it is in public interest
the Minister may grant the visa without any application by the detainee but 195A(4) also clarifies
that the Home Minister is not bound to exercise his power to grant such a visa. As maybe
inferred from the above stated provisions it is solely the Minister’s discretion to grant such a visa
and that is the underlying intent for this application. In her term as a detainee, Aklina Juri
participated at the Methadone clinic within the detention centre which clearly displays a
voluntary initiative to rid herself of the terrible affliction that is substance abuse. The serco
representatives have observed and decided that Aklina is a model non-citizen. This shows her
ability to be rehabilitated as a part of society and is evidence that she would be a positive part of
the community she is incorporated into. These reasons along with the fact the present situation
may only be remedied by an application under Section 195A makes it necessary to grant this
humble petition. Furthermore, Aklina has two children, Anna Juri and Michael Juri, aged 32 and
29 respectively. The provisions of Section 1996 of the act dictate the removal of her children and
sister which would be a gross miscarriage of justice. Moreover, with the presence of her family
within the jurisdiction it would be in the interest of convenience to grant her the visa.
Therefore, due to the above stated reasons I humbly request you to exercise your powers
under Section 195A of the act and grant Aklina detainee visa so she can continue to peacefully
reside within the territorial jurisdiction of Australia.
6 Migration Act, 1958 s.199.

4APPLICATION UNDER SECTION 195A OF THE MIGRATION ACT, 1958
Bibliography:
Migration Act, 1958.