University Migration Law - Assessment 2: Problem Solving Task

This assignment solution addresses a problem-solving task in Migration Law, focusing on three scenarios. The first scenario examines the discretionary nature of conditions associated with the subclass 462 visa, specifically employment and study limitations. The second scenario evaluates the effectiveness of communication with the Department regarding changes of address, referencing relevant sections of the Migration Act 1958 and the Migration Regulations 1994, and emphasizing the importance of written communication. The third scenario explores the requirements for a Visitor (Class FA) visa in the tourist stream, including health, character, and financial requirements, as well as constraints outlined in the Migration Regulations 1994, such as work restrictions and limitations on the duration of study and stay.

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

1MIGRATION LAW
Scenario 1
Issue
Whether these three conditions, are discretionary on the subclass 462 visa.
Rule
The subclass 462 visa implies visas related to holiday and work. This enables the eligible
holders of such a visa to avail an extension of their holidays and during that extended period,
they might take up employment for a short term. This extension should not be more than 12
months1.
There are certain conditions that these visas are subjected to. Condition 8547 in a subclass
462 visa requires the holder of the visa not to be employed with one employer for a period,
which is more than six months. However, the period of six months can only be exceeded with
a prior permission from the secretary in a written form.
Condition 8548 in a subclass 462 visa requires the visa holder not to take admission in a
course relating to studies or any training within Australia, which extends for a period, which
exceeds the 4 months tenure.
Condition 8501 in a subclass 462 requires the holder of a visa to keep up adequate
arrangements with respect to health insurance during his stay in Australia.
Application
The condition 8547 will restrain Carolina from being employed for a period exceeding six
months. Condition 8547 will prohibit Carolina to engage in a study course or training, which
extends for more than four months. Condition 8501 will require Carolina to keep up adequate
arrangements with respect to health insurance during his stay in Australia.
1 immi.homeaffairs.gov.au, Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462/first-work-holiday-462>

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Conclusion
Condition 8547 is discretionary as the same can be extended by obtaining a permission
from the Secretary.
Scenario 2
Issue
Whether the communication made by Roberto to the Department has been effective and if
not what will be the way of communication that he needs to adopt in future.
Rule
Under section 52 of the Act, a communication with respect to visa application needs to be
effected in compliance with the modes that has been provided in the regulation. This includes
the communication of any change in address of the applicant. Under Reg 2.13 of the
Migration Regulations Act 1994, all the communications needs to be made in writing.
However, there are certain communications that are accepted even if made orally. This
includes application with respect to a bridging visa, any enquiry regarding the status of the
visa application, oral application and application regarding Electronic Travel Authority
(Class UD) visa.
Application
In the present situation, Roberto has made the communication with respect to his change
of address over the telephone. However, he cannot recall the person with whom he had made
the communication. Moreover, he has left a message on a case officer’s phone regarding the
same. This cannot be regarded as a valid communication as it was not in writing, which is not
in compliance with the section 52 of the Migration Act 19582 and Reg 2.13 of the Migration
Regulations 19943.
2 The Migration Act 1958 s 52.
3 the Migration Regulations 1994 Reg 2.13.

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Conclusion
The communication made by Roberto to the Department was not effective and he should
have effected the communication in written form, which is in conformity with the section 52
of the Migration Act 1958 and Reg 2.13 of the Migration Regulations 1994.
Scenario 3
Issue
Whether there are any requirements for making a valid application for a Visitor (Class FA)
visa in the tourist stream. Whether there are any legislative constraints on Roberto making a
valid application for a Visitor (Class FA) visa.
Rule
There are certain requirements that the Laws relating to Migration prescribes to be
complied with while making a valid application for a Visitor (Class FA) visa in the tourist
stream. Firstly, the applicant is required to satisfy the health requirements to make a valid
application for a visa under this category. Secondly, the applicant is required to satisfy the
character requirement as provided in section 501 of the Migration Act 19584 to ensure that
the applicant has a good character. Thirdly, the laws requires the applicant to make the
repayment of all the debts that the applicant or his family members owes to the Government
of Australia. Thirdly, the applicant is required to have adequate money to stay in Australia5.
The Migration Regulations 19946 prescribes certain constraints in making a valid
application for a Visitor (Class FA) visa. Firstly, the applicants are not supposed to work
while their stay in Australia. Secondly, the applicant must not avail any admissions in a
4 The Migration Act 1958 s 501.
5 Immi.homeaffairs.gov.au, Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600/tourist-stream-overseas>
6 The Migration Regulations 1994.

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course of study, which is of more than 3months duration. Thirdly, the stay of a non-resident
in Australia must not exceed 12 months. Fourthly, the applicant once granted a visa, is not
supposed to leave Australia before the expiry of the term of which the visa has been granted.
Application
In this present situation, to apply for a Visitor (Class FA) visa in the tourist stream Roberto
needs to satisfy the requirements that the Laws relating to Migration prescribes to be
complied with while making a valid application for a Visitor (Class FA) visa in the tourist
stream. He is required to satisfy the health requirements to make a valid application for a visa
under this category. Roberto also needs to satisfy the character requirement as provided in
section 501 of the Migration Act 1958 to ensure that he has a good character. He is also
required to make the repayment of all the debts that the applicant or his family members owes
to the Government of Australia and have adequate money to stay in Australia.
The Migration Regulations 1994 prescribes certain constraints in making a valid
application for a Visitor (Class FA) visa. According to this regulation, Roberto is not
supposed to work while their stay in Australia. He must not avail any admissions in a course
of study, which is of more than 3months duration. His stay being a non-resident in Australia
must not exceed 12 months. Roberto once granted a visa, is not supposed to leave Australia
before the expiry of the term for which the visa has been granted.
Conclusion
To apply for a Visitor (Class FA) visa in the tourist stream Roberto needs to satisfy the
requirements that the Laws relating to Migration prescribes to be complied with while
making a valid application for a Visitor (Class FA) visa in the tourist stream. The Migration
Regulations 1994 prescribes certain constraints in making a valid application for a Visitor
(Class FA) visa.

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6MIGRATION LAW
Reference
Immi.homeaffairs.gov.au, Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/visitor-600/tourist-stream-
overseas
immi.homeaffairs.gov.au, Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462/first-
work-holiday-462>
The Migration Act 1958
The Migration Regulations 1994