Legal Analysis: Australia's Visa System (BLO5606 Report)

This report provides a detailed analysis of Australia's visa system, focusing on various aspects of the migration process. It delves into the legal framework, referencing the Migration Act 1958 and Migration Regulations 1994, to explain the requirements for different visa types. The report examines the criteria for spouse visas, including the need for a genuine and continuing relationship, and the process for obtaining permanent residency. It also explores the Orphan Relative Visa, detailing the eligibility of children under 18 and the responsibilities of sponsors. Furthermore, the report discusses the Adoption Visa (Subclass 102), outlining the requirements for adoptive parents and the process of adoption under Australian law. The document also touches on the requirements for children under 16, the conditions of visas, and the implications of various subclass visas, providing a comprehensive overview of the Australian visa landscape.

BLO5606 – Subject B: Australia’s Visa System

Contents
Question 1:.......................................................................................................................................2
Part a:...........................................................................................................................................2
Part b:...........................................................................................................................................4
Part c:...........................................................................................................................................6
Bibliography....................................................................................................................................8

Question 1:
Part a:
According to the Visa Policy of Australia, there is a need to deal with the different requirements
where the foreign national wishing is mainly to enter Australia to meet and obtain a visa on a
permit to travel, enter and remain the country. Visa rules are as per the Migration Act 1958 and
the Migration Regulations under the instrument of Migration IMMI 17/072 Specifications of
Occupations & Assessing Authorities Instrument, 2017. Every non-citizen should maintain a
universal visa regime which is important for the non-citizen in Australia to enter into the country.
Aysel has the liability to get the approval for stay in Australia and can get the immigration. The
spouse need to sponsor for the time of two years. If the relationship is observed to be genuine
and continuing, Aysel has the liability to become the permanent resident in Australia. Both the
people should be legally married where it is important to be in relationship with spouse for the
time of 12 months which clearly shows that the couple has a strong bond. This will help in
giving the written notice with the intention to marry to the authorised celebrant in a particular
frame of time. 1Once a couple is married, the there is a need to sign three marriage certificates.
The certificates need to be signed where the celebrants and the witness (mainly two) should be
there. The different instruments which are under the Migration Regulations1994, are regulation
1.03, sub regulation 1.15(1), sub regulation 2.26B (1), subitem 1137(4C) of Schedule 1; item 4
of the table in subitem of 1138(4) of schedule 1. The regulation 5.17 (a) of the Regulation focus
on providing the purpose of paragraph 5(2)(b) of the Act which deals mainly about whether the
person knowns the English or not. The evidence is specific based on how the instruments in
1 Newman, L., Proctor, N. and Dudley, M., 2013. Seeking asylum in Australia: immigration detention,
human rights and mental health care. Australasian Psychiatry, 21(4), pp.315-320.

writing is prescribed for the same. The instrument is made under the regulation of 5.17 of the
Migration Regulations 1994. Here, the requirement of the instrument is to focus on the
qualifications of the English of Asley, include the references that are in Regulation 5.17 to Part 3
of Schedule 6 which have been able to repeat the part of the implementation of skill select. The
operations are also to specify the qualifications or the experience which are important for the
living in Australia. The pursuant to section 18 of the Legislative Instruments Act 2003, includes
the minor or the machinery nature with altering the existing arrangements. Under section 44, the
instrument is exempted from any disallowance and so exempted from Human Rights Statement
of Compatibility as well.
As per the announcements on 20 April 2017, the Australia Government has announced about the
strengthening of the requirements mainly for becoming the Australian citizen. 2 Aysel can also
add Mekel who is 16 years of age under the application for becoming the permanent resident of
the country. Children under the 16 years of age do not require to meet any of the resident
requirements. According to section 590.6 conditions, conditions 8101, 8201, 8501, 8516, 8534,
8537 and 8538 as well Aysel is Mekel parent who is a widow and have enough money to support
her child. She is also more than 21 years of age; hence, she has the liability to easily stay up to
the time of 5 years. So, there will be no problems as she can marry Dennis after one year, by
learning and knowing him in a better manner.3 Even know Aysel has come on student
guardianship, under the subclass 300 prospective marriage could be possible as Dennis is the
resident of Australia (Section 300.211 (a)) and the parties intend to marry. The subclass (2)
applies to the applicant who holds the subclass 303 (Emergency Temporary Visa Applicant) visa.
It includes the satisfaction of criteria 8515, 8519, 8502, 8520.
2 Clayton, Gina. Textbook on immigration and asylum law. Oxford University Press, 2016.
3 Brettell, C.B. and Hollifield, J.F. eds., 2014. Migration theory: Talking across disciplines. Routledge.

Part b:
Under the Migration Regulations 1994, the cognitive sub regulation of 2.07(5) includes the
subclass items of 117 and subclass 837. This is revoked under the instrument number IMMI
11/014 (F2011L00454) which was signed on 27th April 2009. The requirements of the Orphan
Relative Visa include the children who are below 18 years of age and the parent is not able to
handle the child, due to death etc. It allows the child, then to live in Australia and become its
permanent resident. Instrument IMMI12/116 lists the acceptable forms of the evidences which
can be provided with support of a non-judicial family violence claim. The visa for the Orphan
Relative will make Mekel a permanent resident of Australian and ask him to live permanently
here. The responsibilities include for both the sponsor (Hassan) and child (Mekel) where for
Hassan, he needs to focus on how he and his family is going to be included in the application and
who are going to migrate with the child. If the visa is granted, then the sponsor should be
provided with the child support which includes a proper accommodation and the better financial
services from Hassan so that the child is able to meet all the reasonable needs at the time of first
two years in Australia.4 This is set under the items 1108,1108A and 1211. The Item 1108 is the
child migrant under the subclass of 101 (child), subclass 102(adoption) and subclass 117
(Orphan relative). The item 1108A is the child resident with class BT where the subclass is 802
(child) and subclass 837 (Orphan Relative). For Mekel, there is a possibility to lodge a complete
application which includes the different application forms and the other supporting
documentation for the different application charges. The sponsor (Hassan) should be able to
lodge the application mainly on behalf of the child. Hassan, being the permanent resident in
Australia has the capability to easily handle the expenses of Mekel and assures the child to take
care of him in future as well. The visa requirements would only be the sponsorship where the
4 Border.gov.au. Visa support. [online] Available at: https://www.border.gov.au/Trav/Visa [Accessed 10 Sep. 2017].

child (Mekel) would be the orphan relative where both parents are not able to look after the
child. The child is single and is also not married or in any relationship as well. There are certain
limitations of the sponsorship and the best interests of the child. The sponsor or the sponsor’s
spouse has a conviction for the outstanding charge for the offence against the child. The
applicant will also require satisfying all the different requirements with the best interests and the
possibilities of Mekel. In Australia, there is a possibility that the people under 18 years of age
have the right to access with the sponsor working on assessing the applications and the best
interests when related to the requirements of the child. 5If the sponsor Hassan, has spent the time
of total 12 months or more in Australia, then Hassan has to provide with the AFP National Police
Check as well where they are able to provide with all the police certificates from each country
where they have spent their 12 months or more than 10 years in the last.
Part c:
The other option could be Adoption Visa (Permanent) (Subclass 102) where the visa allows the
child can come to Australia to live with the adopted parents. The eligibility is that the child must
be adopted or in the process of adopting. The stay length, in this case, will be permanent. To hold
the eligibility in this case, the adoptive parent (Hassan) will have to lodge the application on
behalf of Mekel. With this visa, Hague Convention on Protection of Children and Cooperation in
Respect to Intercountry Adoption (Hague Convention) or through a bilateral arrangement
includes the proper arranemet with the overseas adoption which is undertaken by Australians.
With this, he has the liability that the child, being younger than 18 years of age, working on the
adoption or the adopted process in Australia, meet all the health and the character requirements.
With Adoption visa (Subclass 102), it will let the child come to Australia to live with Hassan.
5 Markus, Andrew. "Australia’s Immigrants: Identity and Citizenship." Citizenship in Transnational
Perspective: Australia, Canada, and New Zealand (2017): 225.

This will become the permanent residence visa for him, where the adoption is mainly through the
state or the territory adoption authority, where Hassan can lodge the application before the
adoption is finalised. From 14 December 2015, the Department has been not able to accept the
adoption applications for the students for the children who have been from Pakistan. The country
specifications are different for different countries. With this, the adoptive parent must have also
done one of the following things:
a. Adoption of the child with the involvement of the Australian state or the territories
adoption Authority which Hassan has done, in the present case.
b. The Adoption of the child is under The Hague Adoption Convention.
There are different privileges of visa to provide one with the rights in Australia and work on the
visa avenue charges, which includes the medical examination, police check and the certification
with proper translation of the docs. This depends on certifying the person and the different
number of the copies which are certified. 6With this, the medical examination is important to be
paid directly to the doctor for conducting the different tests and the medical examination. To
correspond to the authorities with the respective countries, one has to live for a time of more than
6/12 months depending upon the visa subclass.
With the adoption visa, Mekel, will have the liability to travel and stay alone in Australia as well,
work and study, enrol in Medicare and work on the schemes for the health-related care and
expenses. With this, he has the liability to travel to and for from Australia for the time of 5 years
from the data the visa is granted. Through this, there is a guardianship of the children that is
adopted from overseas.
6 Markus, Andrew. "Contemporary Australian Attitudes to Immigration." In Creating Social Cohesion in an
Interdependent World, pp. 81-93. Palgrave Macmillan US, 2016.

Bibliography
Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens: Membership
in a changing world. (Brookings Institution Press, 2013.)
Border.gov.au. Visa support. Available at: https://www.border.gov.au/Trav/Visa.
Brettell, C.B. and Hollifield, J.F. eds. Migration theory: Talking across disciplines. Routledge.
Clayton, Gina. Textbook on immigration and asylum law. Oxford University Press, 2016.
Markus, Andrew. "Australia’s Immigrants: Identity and Citizenship." Citizenship in
Transnational Perspective: (Australia, Canada, and New Zealand 2017: 225.)
Markus, Andrew. "Contemporary Australian Attitudes to Immigration." In Creating Social
Cohesion in an Interdependent World, pp. 81-93. (Palgrave Macmillan US, 2016.)
Newman, L., Proctor, N. and Dudley, M. Seeking asylum in Australia: immigration detention,
human rights and mental health care. (Australasian Psychiatry, 21(4), pp.315-320., 2013)