Australia Migration Law: Analysis of Visa Cancellation and Detention

This report analyzes various aspects of Australian migration law, focusing on visa regulations, cancellation, and detention. The report examines scenarios involving Working Holiday Visas (subclass 417) and Business Skills Visas (subclass 132), detailing the grounds for visa cancellation under the Migration Act 1958. It explores the legal procedures for detaining visa holders, the consequences of breaching visa conditions, and the rights of individuals during the cancellation and appeal processes. The report also discusses the role of the Administrative Appeals Tribunal, application fees, and exclusion periods. Furthermore, it provides an in-depth analysis of the legal framework governing visa applications, cancellations, and the potential for exemptions from exclusion periods. The report concludes with a review of the migration act and relevant case studies.

Running head: AUSTRALIA MIGRATION LAW
Australia migration law
Name of the Student
Name of the University
Author Note

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Table of Contents
Question 2........................................................................................................................................2
Question 1........................................................................................................................................3
Scenario...........................................................................................................................................5
Question 1........................................................................................................................................5
Question 2........................................................................................................................................6
Question 3........................................................................................................................................7
Reference.........................................................................................................................................9

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Question 2
a.
According to Section 192 of the migration act has define the detention of visa holders
whose visas liable to cancellation. According to the fact of the case DIBP, officers have
allegations against Anna and Joseph that they have written under section 192 of migration act
under section. If any offices of Australia is known or suspected that are non-holds a visa which
may be cancelled under subdivision CD if A or G of division 3 or section 501, 508 then that
person visa can be detained under the sections. Therefore, the officer should follow some legal
ways under the immigration board where the detained person should be suspected as non-citizen
that person also required to submit various personal identified documents. A person can be
detained if he gives evidence of his identity and Australian citizenship or the official knows a
reasonably believe that the person is an Australian citizen of that person is complies with section
166 and dies at present clearance to the officer for being a lawful non-citizen or is granted. Under
the visa, processing the personal identifiers is also required in this case. According to the case
facts, the DIBP officers have acted lawfully in detaining Anna and Jose under section 192 of the
Migration Act. Josef has already broken the rules of the Working Holiday Visa (Class TZ)
Subclass 417 under the Migration Act.
b.
i) According to the case facts, Joseph is holder of Working Holiday Visa (Class TZ) Subclass
417. Under the visa, it has been described that the person can cannot work under an employee
more than 6 months. However, according to the record of the restaurant Joseph was working in
the restaurant from last 8 months where she also allows his friend to visit the restaurant and

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giving Advisors. Therefore when the police officer came to the restaurant they are found that
Joseph as break the terms of the Working Holiday Visa (Class TZ) Subclass 417.
ii) therefore he had he has delete the time about his working period in the restaurant according to
the terms of section 192 of migration and offices has lawfully detained them for breach the terms
of the visas .
iii) Under the immigration border Protection Act of Australia the authority has right to cancelled
their visa for not follow the terms of the Visa.
c.
Before the visa can be cancelled the non citizen person is required to follow some rules
which include that he must reported in the immigration border where they must submit the all
identify enquiries which includes photograph signature other person on identifier passport travel
documents. The detailed process should be processed within 48 hours by the officers who has
written the non citizen person during the time of questioning the person can communicate with
an interpreter required by an officer to arrive the place where the question is to take place the
questioning period must not delayed.
Question 1
a.
According to case facts, the section 134 of the migration act has set out the ground where
the Minister Chancellor Business skill visa it has power to cancel a business visa special

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cancellation powers. it applies to any Visa class with the worst business skills in this title which
at present in the basis of 132 subclass visa which has obtained by given under these visa
cancellation process . The cancellation of the business research and the cancellation of the visa
on the character Grounds has been detained as an important ground of cancellation under section
501. The character Grounds has been detained by administrative tribunals has the only power to
review well cancellation of Business visa and the cancellation of visas on character ground.
b.
According to the case facts the bridging has conducted with no business activities at all
and he admitted that he had only a very few Limited business career in Europe and that the bulk
of the subclass 132. The visa application as the result of fraudulent material one of the given long
terms overseas business relationship broke down several months ago in acrimonious
circumstances. Now he thinks his former business partner will taking revenge from him and
disclosed that the documents for fraudulent. According to the case facts, the DIBP officers has
warned Kevin and when he did not respond to the letter after one week they just cancel the
subclass 132 visa due to some fraudulent involvement with the business visa because submitting
of fraudulent business details in Australia. Therefore according to the section 134 has rights and
grounds by the Minister where they can cancel a business skill visa of section 132. DIBP officer
has followed the correct procedure to cancel commons visa. After the revocation of cancellation
of the visa under section 132, the section 133 of the migration act has defined the effects of
revocation of cancellation of the visa. If the visa has been cancellation and revoked then without
limiting the operation before the cancellation of the visa it has long-term effect and where
granted the revocation process. according to the subsection 1 when the visa is revoked due to the
cancellation then the Minister may vary the time the visa is to be in effect or any period in which

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state until the visa permit is holder to travel to enter and remain in Australia. Therefore
according to the activities of the immigration centre after the revocation the Minister is only has
the power to decide about the after effects of the cancellation of the visa where he can cancel the
business visa. According to the 134 of the migration act where the VISA holder should not run
any business or the authority will capture all the properties, which has been run through
fraudulent ownership of the visa holder.
Scenario
Question 1
According to the case facts, the Working Holiday (417) visa can be cancelled by the DIBP if
someone breach the terms. According to the section 109, 116, 128, 134, 140, 501 of Migration
Act DIBP can cancel the visa if the Working Holiday (417) visa holders have fraudulently
obtained the visa from the Immigration Department. It is necessary for the Working Holiday
(417) visa holders that he or she must involved with a work for the temporary purposes in
Australia. According to the case study, Ja-Kyung’s Working Holiday (417) visa has been
cancelled because he has paid $1000 to an online-unknown source for obtaining the Working
Holiday (417) visa under the Australian Government. A temporary working visa has several
restrictions for the visa holder to work in Australia and breach of such terms may affect the
person though he holds a valid visa according to the Migration authority. According the terms of
the Working Holiday (417) visa the visa holder is bound to follow the terms where he or she
must conducted with any work in Australia for 6 to 12 months and without the working permit it

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will make the visa completely invalid. it is necessary for the Working Holiday (417) visa holders
to prove the evidences to the Migration Authority.
Question 2
a.
If the visa is auto-cancelled according to the section 501 of Migration Act and the visa holder is
not getting any notice will receive a NOICC and will receive notification of cancellation of the
visa and written notice giving the person another opportunity to make an application to have the
cancellation decision overturned.
b.
The appeals periods can extend up to 2 years. However, after the application of lodge the visa
review, the Federal Court will take the period within 7 days of the lodge application. It is
necessary to apply to the Administrative Appeals Tribunals for the review of the application by
the applicant.
c.
An application fee of A$1,731 is payable in all cases, except when applying for review of a
bridging visa decision (including any related decision to require a security bond) that resulted in
a person being placed in immigration detention. the fees can be payed through the EFTPOS,
credit card, cheque ( should be crossed and made payable to 'Administrative Appeals Tribunal')
and money order.
d.

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The Working Holiday visa (subclass 417) is a temporary visa for young people who want to
holiday and work in Australia for up to a year. A temporary visa encourages cultural exchange
and closer ties between Australia and eligible countries. At the time of appeal, Ja-Kyung can
hold for the Second Working Holiday visa under the Migration Act 1958.
e. If Ja-Kyung review is successful she has rights to obtain a refund of the Review application
fees. a fee of $1,673 has been need to pay at the time of the review process. The Tribunal can
reduce the application fee to $836.50 if the decision has been made in favor of the applicants.
Question 3
a.
The exclusion periods are introduced to penalize visa holder for failing or dissatisfied to
comply with immigration laws and to encouraged people to live before their visa expires.
According to the act of different visas, the exclusion periods apply to the applicant whether it is
applied for a permanent or temporary visa. it is also possible for more than one exclusion period
to apply to that visa holder. it starts from the date after the applicant left the Australia or from the
date when the visa was cancelled and continues to that time depending on which PIC or SIC
applies and if any waiver of the exclusion period granted to that person. The exclusion period
never affect the validity of the visa application but it implied on the criteria of the time of grant,
which it will be satisfied at the time of making an application for Visa. During the time of
exclusion period, the immigration department of Australia can refuse the visa. it is possible if a
exclusion period has to be waived or the exclusion period has own self expired by the time of the
decision is made on the visa application. The exclusion period has three duration for permanent it
has 3 years or 12 months.

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b.
Ja-Kyung can apply for an exemption from this exclusion period. Therefore, under the bridging
visa holders and cancellation process the exclusion period should be three years. She has falls in
the category, which has been set under the PIC 4013 and 4014. The VISA will not granted if the
relevant PIC applies and the application is decided within 3 years following visa cancellation or
ministerial return a nation or departure. Exclusion period has been defined the time of decision
for a Visa but not at the time of the application. Therefore, if the application is made within an
exclusion period then the installation period has expired before the decision is made. it will not
preclude a grant of the ways are there for the application. It should be formed between 3-year
periods where a waiver of the exclusion period can be considered. It is not providing the rights to
the visa holders to for a permanent visa or temporary visa or permanent residence in Australia.

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Reference
The Migration Act 1958