Migration Law Assignment: Visa and Migration Agent Disciplinary Cases

This assignment delves into Australian migration law, analyzing visa conditions and a migration agent's disciplinary case. The first part of the assignment examines the case of Fidelma, an Irish student who applied for a visitor visa (Subclass 600) but was injured and required medical treatment. It explores the conditions of the visa, the possibility of applying for a Medical Treatment visa (Subclass 602), and the requirements for such an application, including the implications of section 46(1A) of the Migration Act 1958. The second part focuses on a migration agent, George Clowny, and a disciplinary case against him, detailing the agent's duties, breaches of conduct, and the actions taken by the Office of Migration Agents Registration Authority (OMARA). The assignment references relevant legislation, including the Migration Act and Regulations, and provides a comprehensive overview of the legal issues involved.

Running head: MIGRATION LAW
PART II
VISA RELATED CASES
Name of the student:
Name of the university:
Author note

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Table of Contents
Answer to question 1..................................................................................................................2
Visa Condition:......................................................................................................................2
Status of initial application:...................................................................................................3
Submission for medical treatment under Class UB:..............................................................5
Valid requirements for Medical Treatment (Class UB) visa:................................................7
Answer to question 2..................................................................................................................8
Migration Agent Disciplinary case........................................................................................8
Reference..................................................................................................................................12

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Answer to question 1
Visa Condition:
The current topic is based on the visa condition of subclass 600 that has been applied on
Fidelma, an Irish student who has come to Australia for the purpose of tour and travels.
Considering the case study, it has been observed that she has applied for the visitor visa under
subclass 600 and applied to stay here for the period of four months. However, she has made
an application later to extend her stay or visa ground; but no positive reply has been made by
the Immigration department to this regard. It has further been observed that Fidelma has been
injured by an accident she met with during her trip and it has been suggested by the doctors
not to roam and take a complete bed rest for forty days minimum. In this case, the visa
condition of subclass 600 is an important thing for her and it is required for her to know about
the grounds of condition in this regard1.
According to the provision of the subclass 600 visa conditions, the tourists are able to stay in
the territorial jurisdiction of Australia for the period of three months and certain visa
conditions such as 8101, 8201 and 8501 should be maintained by the applicant. It has been
mentioned specifically under the Migration Act 1958 that if the applicant has failed to
comply with the visa conditions properly, his visa will be cancelled under section 116 (1) (b)
of the Act2. Therefore, it can be stated that Fidelma has to comply all the conditions properly.
1 Phillips, Janet, and Joanne Simon-Davies. Migration to Australia: a quick guide to the
statistics. Parliamentary Library, 2016.
2 Boucher, Anna. "Measuring migrant worker rights violations in practice: The example
of temporary skilled visas in Australia." Journal of Industrial Relations (2018):

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According to condition 8101, Fidelma is restricted to engage in any work during her stay and
she is unable to profess any business during her stay at Australia. It has further been stated
under the visa condition of 8201 that the applicant or the visa holder could not able to engage
in any training or studies that goes for more than three months. All such rules have been
mentioned in the schedule 8 of the Migration Regulation 1994.
Considering the facts of the case, it has been observed that Fidelma has met with a serious
accident and therefore, the visa condition of 8501 will be applied on her. This condition
provides health insurance to the holder during his stay at Australia and it is temporary in
nature. Further, provision of subclass 602 has been applied on her that deals with medical
treatment. Under this subclass, the visa holder could apply for the short-term treatment
(subclass 675) or long-term treatment (subclass 685) based on his treatment terms3. Here, the
visa holder could able to stay in Australia more than the terms mentioned in the visa and
could apply before the Immigration Department to expand his terms and conditions.
Therefore, it has been observed that all the visa conditions are necessary to be maintained in
this case and Fidelma is thereby informed that she could apply before the Department or
authority under subclass 602 with an intention to expand the visa terms and make a prayer to
comply all the conditions of Migration regulation.
0022185618783001.
3 Clemens, Michael A., Colum Graham, and Stephen Howes. "Skill development and
regional mobility: lessons from the Australia-Pacific Technical College." The Journal of
Development Studies 51.11 (2015): 1502-1517.

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Status of initial application:
It has been evident from the case study that Fidelma has applied for a visitor visa under
subclass 600 and during her stay in Australia; she has been met with an acute accident that
forced her to be bedridden.
In this case, it has been observed that Fidelma has been faced a serious tragedy during her
stay in Australia and she is not responsible for the accident caused to her. Further, it has been
observed that doctor has suggested not to move for a period of forty days and it is therefore,
not possible for her to go back to her country. Hence, bridging visa could help her to stay in
Australia until her application for extending the visa could be accepted by the Department of
Immigration or until any response has been generated by the department to this regard.
There are certain other steps that could be done by Fidelma against her current status. In
Australia, an ample of options has been given to the visa applicants or the visa holders4.
During her stay at Australia, Fidelma has applied for the Visitor Visa under subclass 600.
However, according to her current status, it is important for her to apply for the Medical
Treatment visa that has been specified under subclass 602. However, the visa holder could
not engage in any work during this period. Therefore, it can be suggested that Fidelma could
change the nature of her visa application from subclass 600 to subclass 602 and describe all
the medical treatment related problems categorically. It is also the duty of Fidelma to inform
the Immigration Department to this effect and could apply for terms related to the medical
condition.
4 Boese, Martina, and Shanti Robertson. "Introduction: Place, Politics and the Social:
Understanding Temporariness in Contemporary Australian Migration." Migration, Mobility,
& Displacement 3.1 (2017): 1-7.

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Submission for medical treatment under Class UB:
The present situation of the case is based on the facts and requirements of subclass 602 visa
and certain submissions have been made regarding the situation. According to the provision
of subclass 602, any person or immigrant could stay in Australia on the ground of getting
proper medical treatment5. However, it has been mentioned specifically under section 46
(1A) of the Migration Act 1958 (Cth) that no visa holder could make a second visitor visa
application if he has already hold a visa condition earlier. In this case, it has been observed
that Fidelma has already enjoyed 8503 visa condition. Hence, according to the merit of
section 46 (1A) of the Act, it can be stated that Fidelma could not make an application for
visitor visa in the later stage. The contents of section 46 (1A), she is restricted to make
another application regarding the visitor visa purpose. It has been mentioned in section 46
(1A) (b) that no second application for visitor visa will be allowed if the visa condition of the
applicant will fall under paragraph 41 (2)(a) of the Migration Act 19586.
Fidelma is required to make valid application for medical treatment under the stated subclass.
However, all her application could be accepted if she had not applied for the similar visa
before under visa conditions 8503. According to the provision of section 46 (1A) of the
Migration Act, she could not able to make such second application in this case. Here, she has
5 Schweitzer, Robert D., et al. "Recently resettled refugee women-at-risk in Australia
evidence high levels of psychiatric symptoms: individual, trauma and post-migration factors
predict outcomes." BMC medicine 16.1 (2018): 149.
6 Brennan, Deborah, et al. "Out of kilter: changing care, migration and employment
regimes in Australia." Gender, Migration, and the Work of Care. Palgrave Macmillan, Cham,
2017. 143-165.

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to make an application for waiving her claim to the Minister and should have to show
reasonable cause for her second application. Her second application could be allowed if the
minister could satisfy.
Valid requirements for Medical Treatment (Class UB) visa:
Considering the facts of the case, it has been observed that medial visa contains in subclass
602 will be applied in this case. There are various requirements present in this case and every
requirement falls in separate requirements. In this case, it has been observed that Fidelma has
been suffering from acute accident and she could not be able to make any further move for a
period of forty days as per the prescription of the medical practitioner7. Further, it has been
observed that Fidelma could give the monetary requirements made in this case. This
monetary condition includes treatment expenses and travel expenses. In addition, it has been
observed that Fidelma requires emotional support and this has able her to meet another
requirement of subclass 602 visa under the Migration Act 1958. All these have shown the
capability of Fidelma to get the medical visa.
However, she could make a waiver application under section 41 (2A) of the Migration Act
before the appropriate minister and her petition for visitor visa for the second time could be
allowed if she can satisfy the minister with all her reasons and causes. Additionally,
according to schedule 1 item 1214A of Migration Regulation 1994, as an onshore applicant,
Fidelma could apply for Class UB subclass 602 visa after complied of the rules mentioned in
Form 48ME and should make necessary payment.
7 Parr, Nick. "What sort of population policy should Australia adopt? Suggestions for
migration, fertility and population research policy." Australian Population Studies 2.2 (2018):
12-21.

7MIGRATION LAW
Answer to question 2
Migration Agent Disciplinary case
George Clowny MAH 131016_95152_1_202863
The current topic is based on the duty of the migration agent and the disciplinary action taken
against the agent by the competent authority. According to the Migration Agent Regulation
Act (MARA), all the agents should have to act for the benefits of the clients and they have
the fiduciary duties to be complied with. The agents are required to provide right suggestion
to the clients and they are restricted to make any secret profit from them8. Further, there is
certain code of conduct specified for the agents and they are required to abide by all the
provisions. Any breach to this facts or requirements will make the agent liable with criminal
acts and his licence could be cancelled9.
According to the fact of the case related to the George Clowny, it has been observed that he
as a principle agent and serving in a firm. He has two agents under his control and he has
certain economical issues. One client has come to him for her issues concerning the Class UC
subclass 457 visa and asked for certain suggestion from him. It has further been mentioned by
8 Castles, Stephen, Derya Ozkul, and Magdalena Cubas, eds. Social transformation and
migration: National and local experiences in South Korea, Turkey, Mexico and Australia.
Springer, 2015.
9 Harvey, William S., Dimitria Groutsis, and Diane van den Broek. "Intermediaries and
destination reputations: Explaining flows of skilled migration." Journal of Ethnic and
Migration Studies 44.4 (2018): 644-662.

8MIGRATION LAW
her that her application on subclass 186 has been cancelled by the department of immigration
and she really wants to know about the necessary steps for her. After this, it has been
observed that George has told the client to deposit certain amount to his personal account and
made certain forged statements to the client. Considering the acts of George, the Office of
Migration Agents Registration Authority (OMARA) has filed a complaint under disciplinary
action and held him liable for all the conduct done by him10.
From this above noted proclamation, it is apparent that the migration agent is infringing upon
various expert codes of guidelines, moral standards and break of directions. A migration
agent should always make a diverse control in order to accomplish the legislature’s trust by
doing their migration organization exercises11. Extortion is a rupture of these set directions
and a migration agent should always protects the interest of the visa holders or the applicants
by maintaining all the rules of migration and no breach regarding the sections and provisions
are allowed in such case. Concurrently, the moral rules of the migration organisation should
be maintained properly by the agents. A specialist is required to be straightforward in their
profession which does not reflect well with charges of extortion. Despite the fact that the
migration agent had no past criminal record it is obvious that the legislature and in addition
the foreigner has less trust with the office since the uprightness of the specialist is
endangered. From the given data with respect to the case, it is clear that different expert
10 George Clowny MAH 131016_95152_1_202863
11 Kovacevic, Zaklina, et al. "The metastasis suppressor, N-MYC downstream-regulated
gene-1 (NDRG1), down-regulates the ErbB family of receptors to inhibit downstream
oncogenic signaling pathways." Journal of Biological Chemistry 291.3 (2016): 1029-1052.

9MIGRATION LAW
behaviours were abused. These incorporates being obliging. Professionally it is critical for
one to be thoughtful of the others and for the gent to submit misrepresentation, this
demonstrate the dimension low dimension of being obliging of the others including the
country. In light of this a relocation specialist is depended with the duty of considering other
individuals need and helping them out subsequently once one is accused of such a case the
odds of this individual being discourteous of the other individuals winds up being higher than
what is normal. This clarifies why the court observed him to be of no honesty as observed
from the case procedures. The migration agent likewise damages the various moral standards,
for example, deceiving the legislature. Submitting misrepresentation basically means lying
and for our situation the specialist figures out how to draw in with such negligence this totally
precludes the notoriety that is morally anticipated from a relocation gent. The calling is based
on trust and respectability both endowed to the specialist by the legislature and the customer.
As observed from the case this needs with the specialist and from the audit of the case one
totally agrees with the court's choice to end the migration agent's administrations12. In this
given case, it has been observed that the specialist has condemned for submitting
misrepresented facts and the calculation regarding the sum total should have to be checked
accordingly.
Further, according to the provisions of the Professional code of conduct, every agent is liable
to maintain the requirements mentioned thereby and they are prevented from doing any
illegal acts. The agents are also restrained from making any illegal acts and all the ethical
principles are required to be made in this case.
12 Búzás, Zoltán I. "Evading international law: How agents comply with the letter of the
law but violate its purpose." European Journal of International Relations 23.4 (2017): 857-
883.

10MIGRATION LAW
However, according to the statement made in this present case, it has been observed that
George has failed to maintain the provision of the Professional Code of Conduct and instead
of making wise suggestion to the client, he has thought for his personal gain. He asked the
client to credit money in his personal account and this has gone against the legal
requirements13. Further, certain provisions of the vicarious liability could be imposed on him.
On the other hand, George has failed to maintain the ethical obligations properly and instead
of acting for the interest of the client, he has acted for securing his own interest. Therefore,
George should have to face disciplinary actions in this case and his licence of agency could
be cancelled after all examination and investigation in November 2018.
13 Webb, Sue. "The feminisation of migration and the migrants VET policy neglects: the
case of skilled women secondary migrants in Australia." Journal of Vocational Education &
Training 67.1 (2015): 26-4

11MIGRATION LAW
Reference:
Boese, Martina, and Shanti Robertson. "Introduction: Place, Politics and the Social:
Understanding Temporariness in Contemporary Australian Migration." Migration, Mobility,
& Displacement 3.1 (2017): 1-7.
Boucher, Anna. "Measuring migrant worker rights violations in practice: The example of
temporary skilled visas in Australia." Journal of Industrial Relations (2018):
0022185618783001.
Brennan, Deborah, et al. "Out of kilter: changing care, migration and employment regimes in
Australia." Gender, Migration, and the Work of Care. Palgrave Macmillan, Cham, 2017. 143-
165.
Búzás, Zoltán I. "Evading international law: How agents comply with the letter of the law but
violate its purpose." European Journal of International Relations 23.4 (2017): 857-883.
Castles, Stephen, Derya Ozkul, and Magdalena Cubas, eds. Social transformation and
migration: National and local experiences in South Korea, Turkey, Mexico and Australia.
Springer, 2015.
Castles, Stephen, Derya Ozkul, and Magdalena Cubas, eds. Social transformation and
migration: National and local experiences in South Korea, Turkey, Mexico and Australia.
Springer, 2015.
Clemens, Michael A., Colum Graham, and Stephen Howes. "Skill development and regional
mobility: lessons from the Australia-Pacific Technical College." The Journal of Development
Studies 51.11 (2015): 1502-1517.
George Clowny MAH 131016_95152_1_202863

12MIGRATION LAW
Harvey, William S., Dimitria Groutsis, and Diane van den Broek. "Intermediaries and
destination reputations: Explaining flows of skilled migration." Journal of Ethnic and
Migration Studies 44.4 (2018): 644-662.
Hollifield, James, Philip L. Martin, and Pia Orrenius, eds. Controlling immigration: A global
perspective. Stanford University Press, 2014.
Kovacevic, Zaklina, et al. "The metastasis suppressor, N-MYC downstream-regulated gene-1
(NDRG1), down-regulates the ErbB family of receptors to inhibit downstream oncogenic
signaling pathways." Journal of Biological Chemistry 291.3 (2016): 1029-1052.
Parr, Nick. "What sort of population policy should Australia adopt? Suggestions for
migration, fertility and population research policy." Australian Population Studies 2.2 (2018):
12-21.
Phillips, Janet, and Joanne Simon-Davies. Migration to Australia: a quick guide to the
statistics. Parliamentary Library, 2016.
Schweitzer, Robert D., et al. "Recently resettled refugee women-at-risk in Australia evidence
high levels of psychiatric symptoms: individual, trauma and post-migration factors predict
outcomes." BMC medicine 16.1 (2018): 149.
Webb, Sue. "The feminisation of migration and the migrants VET policy neglects: the case of
skilled women secondary migrants in Australia." Journal of Vocational Education &
Training 67.1 (2015): 26-4

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