Migration Law: Visitor and Protection Visa Case Study Analysis

This case study analyzes two scenarios related to Australian migration law, focusing on visa subclasses 600 (Visitor visa) and 866 (Protection visa). The first scenario concerns Teresa, who seeks a sponsored family stream visa (subclass 600) to visit Australia and assist her daughter with her newborn. The analysis covers eligibility criteria, including sponsorship, health and character requirements, and visa conditions. The second scenario involves Ian, who initially enters Australia on a subclass 600 visa and subsequently applies for a subclass 866 Protection visa. The case study examines the eligibility criteria for the protection visa, including the need to meet health and character requirements and the Australian Values Statement. Both scenarios highlight the importance of understanding the specific requirements of each visa subclass and the relevant provisions of the Migration Act 1958. The document provides a comprehensive overview of the visa application processes and relevant legal considerations, including the impact of visa conditions and the potential for visa extensions or changes.

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

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Scenario 1
The visitor visa (subclass 600) on sponsored family stream would be suggested for
Maria’s mother, Teresa. The Subclass 600 visitor visa on sponsored Family Stream allows
Teresa to stay in Australia for 12 month security bond of AUD 140, which might be incurred
from the sponsor, which is Maria in this case (Immi.homeaffairs.gov.au, 2019). It would be
the obligation of Teresa to have Maria as her Sponsor who would support her to bear the
cost of her visa. Maria would acts as Teresa’s guarantor and would be answerable on the
Teresa’s behalf. Maria would be eligible to be Teresa’s sponsor as she is her family as well as
a citizen of Australia; as a daughter, Maria would be able to vouch for her mother’s
genuinity.
Along with the general eligibility criteria Teresa would be required to meet certain
other requirements under Schedule 2 like the health and character requirement in order to
receive the subclass 600 visa on sponsored family stream. Teresa would be required to meet
the health requirement in order to protect the Australian community from any contagious
diseases which she might carry with her. Her health condition must confirm that she is free
from any e health condition which may make the Australian community bear a community
service as well as a healthcare cost (Immi.homeaffairs.gov.au, 2019). Teresa should be able
to pass the character requirements where it would be checked whether she has a substantial
criminal record and whether she was convicted for an offence of escaping immigration
detention. She must assure the authority that she is not part of an organisation which is
involved in conduct that is criminal in nature. Her character certificate must assure that she
has never been involved in activities like smuggling, genocide, trafficking, war crime, et
cetera. Her past and present conduct must assure that she is of good character. Furthermore,
Teresa would have to satisfy a ‘character test’ as mentioned under Section 501 of the
Migration Act 1958.

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Lastly, Teresa would be required to you have enough money to sustain herself in
Australia as her subclass visa shall have a condition of 8101 which would restrict her from
working and earning a livelihood in Australia. In addition, there would a condition of 8201
which would restrict her to study more than 3 months, a condition of 8503 which would not
extend her duration of stay and a condition of 8531 which requires her to leave Australia
before her visa expires (Immi.homeaffairs.gov.au, 2019).
This particular visa is suggested for Teresa as she satisfies all the eligible criteria
asked for under this subclass 600 sponsored family stream visa. She would easily clear the
health and character requirements for she neither has any contagious disease nor any past
criminal record which would restrict the government from granting her the visa. She has
enough money as she is a working woman and has a job in her own country. She intends to
stay in Australia for a brief period of time until Maria’s newborn baby is at least 6 months
old, and once her purpose is finished she would like to return to her own country as she has
our own family to look after. She has a sponsor that is Maria to support for stay in Australia
and would act as her guarantor. Lastly the Ministry would consider the best interest of
Maria’s new born baby and the two other children who need Teresa’s assistance.
Scenario 2
Ian came to Australia to be with his son, daughter-in-law and grandchildren on a
subclass 600 visa on sponsored family stream which only allowed him to stay in the country
for a period not more than 12 months. This visa restrict him to apply for any other visa and
does not extend his stay, except for allowing a subclass 866 Protection visa by which he
would able to live, work and study in Australia permanently and also travel to and from
Australia to his homeland UK for 5 years (Immi.homeaffairs.gov.au, 2019). Therefore, on the

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expiry of his subclass 600 visa, he would be eligible to hold the Protection visa of subclass
866. The eligibility criteria under Schedule 1 and 2 for this visa includes the fact that Ian
has already arrived in Australia and has his immigration cleared. He must provide evidence
of his identity and nationality along with his application. He must not have been refused a
protection visa before and also that he do not hold nationality in 2 or more counties
(Immi.homeaffairs.gov.au, 2019). He must not hold any of the restricted visa as laid down in
the immigration website of the Ministry of home Affairs (Immi.homeaffairs.gov.au, 2019).
The visa shall hold the 8559 condition which would require Ian to take permission from the
Ministry before he travels to his preferred destination. The visa shall be subject to approval
based on the security requirement of the Ministry. In addition, alike other visas, Ian shall be
liable to clear the health and character requirement as mentioned under the Migration Act
1958. Ian would be required to accept the Australian Values Statement as a mark of respect
for the Australian way of life.
The protection visa would make Ian stay in Australia for an indefinite period of time
while the Ministry decides as to whether to grant him the Agent Parent visa. The protection
visa will provide the necessary time to the Ministry as well as to Ian for the grant of the
Agent Parent visa as it takes a long time to get granted. In addition, it is to be noted that
protection visa is usually granted quickly as it is involves a particular purpose and urgency.
The protection visa subclass 866 would allow Ian to leave the country in the
meanwhile to see her ailing sister in the UK and allows him to travel to and from Australia
for 5 years from the date of the grant of the visa (Immi.homeaffairs.gov.au, 2019). The
eligibility criteria of the protection has been discussed above already.

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References
Immi.homeaffairs.gov.au. (2019). Visitor visa (subclass 600) Sponsored
family stream. Retrieved from
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/
visitor-600/sponsored-family-stream
Immi.homeaffairs.gov.au. (2019). Subclass 866 Protection visa. Retrieved from
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/protection-
866#Eligibility
Migration Act 1958