Analysis of Australian Immigration Law: Visa Application Requirements

This document presents a detailed solution to an Australian Immigration Law assignment. It addresses key aspects of visa applications, specifically focusing on the 'Other Family (Residence) (Class BU)' and 'Refugee & Humanitarian (Class XB)' visas. The solution analyzes the requirements for making valid applications, including eligibility criteria, sponsor qualifications, health and character assessments, and the Australian Values Statement. It explores the legislative definition of a 'remaining relative,' assesses whether applicants meet the definition, and clarifies the implications of 'No Further Stay' conditions. The assignment also examines the various subclasses within the Refugee & Humanitarian visa class, detailing eligibility for each and addressing the possibility of combined applications. Finally, it provides information on visa application charges and relevant resources, including a bibliography of sources used. This assignment is a valuable resource for students studying Australian immigration law.

AUSTRALIAN IMMIGRATION LAW
Question – 1(a)
What are the requirements for making a valid application for an Other Family
(Residence) (Class BU) visa?
ANSWER – 1(a)
The following criteria must be fulfilled by Taslima before she is considered for grant of
Remaining Relative Visa (Subclass 835)1.
(A) Eligibility
Taslima can be eligible for this visa if her:
 only near relatives live in Australia;
 near relative will sponsor her;
 brother will provide an assurance of support;
 health and character requirements are met.
(B) Sponsor
The sponsor should be 18 years of age or older and one of the following:
 an Australian citizen;
 an Australian permanent resident;
 an eligible New Zealand citizen.
(C) Health
Taslima must meet the health requirements set by the authorities. The results are valid
for 12 months.
(D) Character
Taslima must meet the character requirements set by the authorities. She may be asked
to provide a police certificate from her country of abode where she lived during past 12
months or more during the past 10 years after she attained age of 16 years.
(E) Sign the Australian Values Statement
As Taslima is older than 18 years of age, she is required to sign an Australian Values
Statement. This is to confirm that she will respect the Australian way of life and shall
obey all Australian laws. This statement forms part of the visa application. Taslima
1 Remaining Relative visa (subclass 835) using URL https://www.border.gov.au/Trav/Visa-1/835-

should also read and understand, the Life in Australia book before she signs this
statement.
(F) Debts to the Australian Government
Taslima must ensure that she does not have any outstanding debts to the Australian
Government or is required to repay any outstanding debts to the Australian Government
before she is granted this visa.
Question – 1(b)
Explain the legislative definition of a “remaining relative” and state whether or not
Taslima meets the definition.
ANSWER – 1(b)
According to Statute 1.15(1) a remaining relative is defined as the visa applicant who is
being sponsored by a person who is either an Australian citizen or an Australian
permanent resident or an eligible New Zealand citizen, provided the applicant satisfies
the Minister that the sponsoring person is:
(a) either a parent, step-parent, brother, step-brother, sister, or step-sister of the
applicant;
(b) usually resident in Australia;
Here, Talisma will also be required to prove that she has no near relatives other than the
near relative she has specified above2.
Question – 1(c)
Can Taslima make a valid application for an Other Family (Residence) (Class BU) visa
while she is in Australia? Explain why or why not?
ANSWER – 1(c)
Yes, Taslima cannot make an application for Other Family (Residence) (Class BU) visa3
while she is staying in Australia on her Class FA Subclass 600 with 8503 Condition.
This is because 8503 condition imposes 'No Further Stay' condition on a range of
temporary visas, as specified below:
2 Remaining Relative visa (subclass 835) using URL https://www.border.gov.au/Trav/Visa-1/835-
3 Application for migration to Australia by other family members using URL
https://www.border.gov.au/Forms/Documents/47of.pdf

 Visitor visa (subclass 600) (Sponsored Family stream)
 Visitor visa (subclass 600) (Approved Destination stream)
 Visitor visa (subclass 600) (Tourist stream) if sponsorship has been imposed on it
 Work and Holiday visa (subclass 462) if you have previously held two subclass 462
visas.
Since Taslima is on a Sponsored Family Stream visa, under condition 8503, she cannot
apply for a further visa in Australia, except for a Protection visa (subclass 866).
Question – 1(d)
Explain to Taslima that regardless of whether or not she is able to make an onshore
application, it will take many years before the visa is granted. Explain why this is the
case with reference to the legislative requirements.
ANSWER – 1(d)
Australian immigration authorities give higher priority to child and partner applications
under the family reunion migration program. Since all other family applications are
placed under a low processing priority, Taslima should expect a long wait before her
application is considered. Entering as a carer can get her a slightly higher priority. The
other conditions, which her brother would have to fulfil include that he never sponsored
any other Remaining Relative (subclass 115) visa or Remaining Relative (subclass 835)
visa. This is highly unlikely, as he must have sponsored his parents. Hence, Taslima
getting a visa under this stream is not possible.
Question – 4(a)
What are the requirements for making a valid application for a Refugee &
Humanitarian (Class XB) visa?
ANSWER – 4(a)
Under Australia’s Offshore Refugee and Humanitarian Programme there are four visa
subclasses within the visa class (class XB) and I can find the following two most
suitable for Jamaal’s sister, her daughter and her dependent aunt4.
4 Application for an Offshore Humanitarian visa: Refugee and Humanitarian (Class XB) visa using URL
https://www.ua-au.net/files/842.pdf

1. Refugee Visa (subclass 200):
This is a permanent residence visa which can be availed by people living outside their
home country and are under threat of being persecuted in their home country. However,
such applicants may be asked for reference from the United Nations High
Commissioner for Refugees (UNHCR) by the Australian Government.
2. Woman at Risk Visa (subclass 204):
This is also a permanent residence visa which can be availed by women who are forced
to live outside their home country, are not under the protection of a male relative and
are constantly in danger of “harassment, victimisation or serious physical abuse”.
3. Special Humanitarian Programme Category
Under this global special humanitarian programme, a permanent residence visa
(subclass 202) can be availed by offshore applicants if they are sponsored by an
Australian citizen or a permanent resident or by an Australia-based organization, usually
termed as a “proposer”.
Question – 4(b)
Explain whether or not Fartuun can make a combined application for a Refugee &
Humanitarian (Class XB) visa with the following people:
(i) Her 3-yer old daughter, Abyan who lives with her in the refugee camp in
Kenya.
(ii) Her elderly widowed aunt, Beydaan who lives with Fartuun in the refugee
camp and relies on Fartuun for all of her needs.
ANSWER – 4(b)
Under Australia’s Offshore Refugee and Humanitarian Programme, if Fartuun makes
an application for a permanent visa under the above mentioned streams 1, 2 and 3 for a
class XB visa, she can definitely include her spouse or partner (except under stream-2,
which is specifically for cases related to woman at risk visa), her dependent daughter
and also for her dependent aunt in the visa application5. In all these streams, the
sponsored family members are also granted a visa in the same subclass as that of the
proposer’s visa.
5 Refugee Visas using URL https://www.visasavenue.com/australia-immigration/refugee-visa-subclass-
200/

Question – 4(c)
Based on your answers to (a) above, calculate the total visa application charge for the
Refugee & Humanitarian (Class XB) visa application.
ANSWER – 4(c)
The Australian Immigration Authority does not levy any visa application charges on all
the visa streams mentioned in (a) above. The services are available free of cost on the
website of the Australian Department of Immigration and Border Protection under their
URL http://www.border.gov.au/Trav/Visa/Fees. The applicant can download the
required form, fill it and submit it online. However, if there is a requirement of medical
check-up, the fee charged by the doctor shall be borne by the applicant or the sponsor. If
the sponsor or the applicant prefers to deal through a Registered Migration Agent, then
they have to pay the charges to the agent6.
BIBLIOGRAPHY
Application for an Offshore Humanitarian visa: Refugee and Humanitarian (Class XB)
visa using URL https://www.ua-au.net/files/842.pdf
Application for migration to Australia by other family members using URL
https://www.border.gov.au/Forms/Documents/47of.pdf
Fees and charges for visas using URL http://www.border.gov.au/Trav/Visa/Fees
6 Fees and charges for visas using URL http://www.border.gov.au/Trav/Visa/Fees

Refugee Visas using URL https://www.visasavenue.com/australia-immigration/refugee-
visa-subclass-200/
Remaining Relative visa (subclass 835) using URL
https://www.border.gov.au/Trav/Visa-1/835-