Legal Analysis: Australian Visa Subclasses 590, 837, and 835

This law assignment examines three key Australian visa subclasses: the Student Guardian visa (subclass 590), the Orphan Relative visa (subclass 837), and the Remaining Relative visa (subclass 835). The assignment provides a detailed overview of the requirements, conditions, and eligibility criteria for each visa type. It explores scenarios and case studies to illustrate the application of these visa subclasses, including the situations of Aysel and Melek, and analyzes the legal implications of each scenario. The document also references relevant legislation and regulations, such as the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016, to support the legal analysis. The assignment aims to clarify the complexities of Australian migration law and visa processes for individuals seeking to reside in Australia under specific circumstances.

Running Head: Law 1
Law

Law 2
Part A
A student Guardian visa (subclass 590) is for that person who wants to stay in Australia as the
guardian, parent, and close relative of the applicant of student visa or any person who holds
student visa. For the purpose of applying this visa it is necessary that:
 Applicant or holder of the Student visa must be under the age of 18 years.
 Applicant of student Guardian visa (subclass 590) must be above the age of 21 years.
As per sub clause 590.611 (1) of the Migration Legislation Amendment (2016 Measures No. 1)
Regulation 2016 - Schedule 4, if visa is provided to the person who satisfied the requirement of
sub clause 590.211(2) or (3) then following conditions are imposed on the applicant:
8101- Person who holds visa must not conduct any kind of work in Australia.
8201- While residing in Australia holder of the visa must not conduct any studies or training for
the period extends 3 months.
8501- Individual who holds visa must make necessary arrangements related to insurance of
health till the time holder resides in Australia.
8516- Individual who holds visa must be the person who continuously satisfied the primary
criteria specified for the respective visa.
8534- Holder of the visa cannot apply for the substantive visa other than protection visa or
Subclass 485 (Temporary Graduate) visa while residing in Australia.
8537- Clause 1 of this condition states that for the purpose of class 590 if the nominating student
is resides in Australia, then holder of the visa must resides in Australia.

Law 3
Clause 2 of this condition states that holder of the visa must reside with the nominating student,
provide adequate accommodation and support to the nominating student, and also ensure welfare
of the student who is nominated.
8538- In case holder of the visa leaves the Australia without taking the student with him then
holder must provide evidence to the minister in relation:
 That reasonable and sufficient reasons are present for this purpose,
 Alternative arrangements are made by the holder for the accommodation of the student,
support and welfare of the student till the time holder comes back to Australia.
 If nominated student is not turned 18 then adequate arrangements made by the holder are
approved by the minister (Australian Government, n.d.).
In the present case, Aysel is the Widow and came to Australia on a Student Guardian (subclass
590) visa for the purpose of looking out her only daughter Melek (16 years). Conditions 8101,
8201, 8501, 8516, 8534, 8537 and 8538 are imposed on Aysel’s visa.
While residing in Australia, Aysel met with Dennis who is an Australian bachelor and they fall
in love with each other. Later they decided to get marry. For this purpose Aysel wants to apply
for permanent visa without returning to home, because she did not want to leave Melek on her
own in Australia.
As stated in condition 8534, Holder of the visa cannot apply for the substantive visa other than
protection visa and Subclass 485 (Temporary Graduate) visa while residing in Australia.
Therefore, Aysel’s cannot apply for any permanent visa while residing in Australia.

Law 4
Part B
Orphan Relative visa (subclass 837) is the visa which allowed the child to permanently reside in
Australia with the relative who is sponsoring the child, and for the purpose of applying getting
this visa it is necessary that applicant must:
 Live in Australia
 Child must not be older than 18 years or 18 years, and
 Child must get sponsorship through relative who is the brother, sister, grandparent, aunt,
uncle or step-equivalent of the child. It must be noted that sponsor must be an Australian
citizen, an Australian permanent resident or an eligible New Zealand citizen. Sponsor
must be older than 18 years of age.
 Child must not be married or in a de-facto relationship.
 Child must be in situation in which it is not possible for his parents to take care of the
child, and
 Child must satisfy all health and character requirements (DIBP, 2017).
As stated above, child can apply for this visa if it is not possible for his parents to take care of the
child, because of the following reasons:
 Both the parents are dead
 Parents are not capable to take care of the child.
 It is not possible to found the parents.
It is not possible for the child to apply for this visa if the parents of child are able to take care of
the child but they do not want to take care.

Law 5
It must be noted that this visa allowed the child to do following things in Australia:
 can stay in Australia on permanent basis,
 is allowed to work and study in Australia
 Can enroll in medicare.
 Is able to apply for the citizenship of Australia.
 Child can travel in or outside Australia for the period of 5 years from the date visa is
granted. After the period of 5 years it is necessary that child applied for another visa to
stay in Australia.
Best interest of the Child- department will not grant this visa if it is not in the best interest of
the child who is younger than 18 years of age.
Health- it is necessary for child to satisfy all the health requirements, and results of health tests
are valid for the period of 12 months.
Character- in case child is older than 16 years of age then it is necessary for child to meet the
character requirements. They must attached police certificate from each country in which they
reside for the period of 12 months or more in last 10 years after they turned more than 16 years
of age. Child must not arrange the police certificates until the department ask them to do.
Debts to the government of Australia- child must not have any outstanding debts towards the
government of Australia and in case they have any debts towards Australian government then
they must make necessary arrangements to repay those debts (Australian Government, n.d.).

Law 6
In the present case, one evening Aysel and Melek returned from the school after attending
parent’s teacher meeting. When they were on their way to the home, at that time a drunk driver
cross the red light and crashed the car of Aysel. Because of this accident Aysel killed on the spot,
but Melek was more fortunate than Aysel and suffered only minor injuries from that accident.
Hasan is the first cousin of Aysel, and he is an Australian citizen resides at Cabramatta. Both
Aysel and Melek visited Hasan’s house on regular basis and Melek called him uncle. After the
death of Hasan’s Sister, Hasan visited Melek in the hospital and told her that he will be there for
her and look after her.
In this case Melek can apply for Orphan Relative visa (subclass 837) because this visa allowed
the Melek to permanently live in Australia with Hasan, and Melek meet all the requirements of
this visa, that is:
 She resides in Australia
 She is only 16 years old, which means she is younger than 18 years, and
 She gets sponsorship from Hasan who is the uncle of the Melek. Hasan is an Australian
citizen, and older than 18 years of age.
 She is not married nor in a de-facto relationship.
 Both the parents of Melek are dead, and there is no one who can take care of her.
Part c
Remaining relative visa (Subclass 835) - this visa allowed the visa holder to live permanently
in Australia if their near relatives are living in Australia. Through this, visa holder can live in
Australia on permanent basis. Applicant is eligible for this visa if (DIBP, n.d.):

Law 7
 Their only relative is living in Australia.
 Applicant gets the sponsorship from their eligible near relative.
 Applicant has someone who will provide assurance of support.
 Applicant must meet health and character requirements.
Applicant is not eligible for this visa if sufficient grounds are present which make the applicant
believe that there are some doubts in the success of the application, because charges paid by the
applicant for visa application will not be refunded in case applicant withdraws their application
or it is refused by the department.
It is necessary that sponsor must give support, accommodation, and financial assistance for the
first two years of residency in Australia to their relative or their family member. It is necessary
that sponsor must be 18 years of age or older, and must be an Australian citizen, Australian
permanent resident, eligible New Zealand citizen. Sponsor must be settled and resided in
Australia.
This visa allowed the applicant to stay in Australia on permanent basis and if applicant is eligible
then he can apply for permanent residence.
It is necessary that while making the application of this visa, applicant must be in Australia, and
at that time also when visa is granted. These provisions applied on all the applicant of this visa.
Assurance of Support- it is necessary for applicant to get assurance or support from person or
organization. Up to 3 persons can jointly provide support to the applicant. Assurer provide bank
guarantee and must make relevant preparations for that. Preparations involved depositing the
money with the bank for the purpose of covering the amount of the bank guarantee.

Law 8
Obligations on applicant- it is necessary for applicant to compile with the Australian laws.
Person or his/her partner does not sponsor any person for this visa if person already sponsor any
other person for any of the following visa stated below:
 Laws of the home country of the child give permission related to the removal of the child.
 Remaining Relative visa (subclass 115)
 Remaining Relative visa (subclass 835)
 Preferential Relative visa (subclass 104)
 Family visa (subclass 806)
Person can sponsor the applicant by lodging Form 40Sponsorship for migration to Australia with
the application. It must be noted that applicant can change the sponsorship till the time decision
is pending on the application, and it is necessary that new applicant lodge new form 40 for this
purpose.
It is necessary that sponsor must provide support to the relative for the period of two years from
the date visa is granted to the relative, and must help them by providing support,
accommodation, and financial assistance (VISA bureau, n.d.).
Therefore, Hasan can also apply for this visa for the purpose of getting the permanent residence
in Australia for Melek, and for this purpose Hasan must sponsor Melek.

Law 9
References:
Australian Government. Visa Conditions. Viewed at: http://guides.dss.gov.au/guide-social-
security-law/9/3. Accessed on 26th August 2017.
Australian Government. Visa Subclass 837 Orphan Relative. Viewed at:
http://guides.dss.gov.au/guide-social-security-law/9/2/11/330. Accessed on 26th August 2017.
Australian Visa Bureau. Remaining Relative Visa. Viewed at:
http://www.visabureau.com/australia/remaining-relative.aspx. Accessed on 26th August 2017.
DIBP, (2017). Orphan Relative visa (subclass 837). Viewed at:
https://www.border.gov.au/Trav/Visa-1/837-. Accessed on 26th August 2017.
DIBP. Remaining Relative visa (subclass 835). Viewed at:
https://www.border.gov.au/Trav/Visa-1/835-. Accessed on 26th August 2017.
Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016- clause 590.211.
Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016- clause 590.611.