LML6002: Australian Migration Law Assignment Task 1 - Semester 2, 2019

This assignment, completed for the Graduate Diploma in Migration Law (LML6002), provides legal advice to a client, Ms. Anna Walker, regarding her eligibility for a student (Subclass 500) visa in Australia, given her existing Subclass 600 visa status. The assignment analyzes the limitations of the Subclass 600 visa, including work and study restrictions, and the consequences of overstaying, citing the Migration Act 1994 and relevant visa conditions (8101 and 8503). It advises Ms. Walker to leave Australia and reapply for a Subclass 500 visa from her home country. The second part of the assignment examines potential breaches of the Migration Agents Regulations 1994 by a migration agent, specifically focusing on misrepresentation, failure to disclose fees and provide proper documentation, and acting against the client's best interests. The assignment concludes with a bibliography of relevant legal resources.

Australian Migration Law
Assignment Task 1
Date:
Student:

Student:
Student number:
Table of Contents
Question 1.............................................................................................................................................2
Question 2.............................................................................................................................................4
Bibliography..........................................................................................................................................6
1 | P a g e

Student:
Student number:
Question 1
[#Date]
[#Your Name]
[#Your Address]
Ms Anna Walker
[#Address]
Dear Ms Walker
Re: Rendering you with advice regarding your interest of filing a visa application for a
student (Subclass 500) visa in Australia
As per your request for assistance on filing visa application for a student subclass 500 visa in
Australia, the following advice is rendered to you:
The Australian Immigration law, individuals entering Australia under Subclass 600 visa are
considered as visitors who are expected to stay within the country as a visitor and leave once
the purpose of visit is over1. The said visa is issued to the individuals on the arrival in
Australia and holds specific conditions which must be adhered to by the visa holder2. Under
the Australian Immigration Act, the conditions imposed on a Subclass 600 visa are as
follows:
1 See Aronson, Mark, Dyer, Bruce and Groves, Matthew, Judicial Review of Administrative Action 3rd edition
( Lawbook ,2013)
2 See Charlesworth, Hilary, Chiam, Madelaine, Hovell, Devika and Williams George ‘Deep Anxieties: Australia
and the International Legal Order’ (Sydney Law Review, 2016)
2 | P a g e

Student:
Student number:
1. The visa holder must not work while ones stay in Australia however voluntary work is
permissible
2. The visa holder shall not study for a period longer than 3 months while staying in
Australia.
3. The visa holder must depart with in the validity of the Visitor visa.
Under this visa category, the immigration departments permits the visitor to stay up to 12
months or a shorter period which depends on the purpose of the visit and offcourse the
personal circumstances3. Also under this visa class, the visa holder can attain multiple or a
single entry to Australia. In your case, you hold a visa under subclass 600 which is as
explained fall under visitor class and hence has its limitations. Moreover, you have passed the
limit of your stay as per your visa which means your stay after the date of expiration of visa,
is counted as illegal under the Australian law.
Also, under the Migration Act 1994, schedule 8 , as a visa holder under subclass 600 the
visitor might be subject to the visa conditions and such conditions act as restrictions on the
visa. Hence, the notified restrictions are on certain things while the course of visa4. Your visa
approval is accompanied by two of such restrictions i.e. 8101 and 8503.As per 8101
restriction the visa holder is not permitted to engage in work in Australia therefore, under the
Australian law, you will not be permitted to get your visitor visa extended or changed while
staying in the country for any work purpose. Whereas, under 8503, the holder shall not be
granted with any substantive visa other than protection visa during the stay in Australia and
cannot be granted any further stay.
3 See Coldrey, Barry ‘Good British Stock: Migration to Australia’ (National Archives of Australia,2010)
4 See Crock, M ‘Immigration and refugee law in Australia’( Federation Press,2012)
3 | P a g e

Student:
Student number:
Thus pertaining to such conditions where your visa holds restrictions under 8101 and 8503 it
makes you ineligible for getting your visa extended or getting any other substantive visa until
you are here in Australia. And as per the Australian migration law, your expired visa makes
you liable to leave as soon as possible and apply for a new visa only once you leave the
country.
Guidance:
Therefore, as while attaining subclass 600 visa it will not be possible for you to lodge a visa
application for attaining visa under subclass 500 under the Australian Migration act 1994, I
would recommend you to leave the country without further delay and apply for a fresh visa
from you country under subclass 500.
In case you have any query or questions regarding the advice please do not hesitate to contact
us or call at the office.
Yours Sincerely
[#Sender]
Question 2
Breaches under the Migration Agents Regulations 1994:
Under the Migration Agents Regulations 1994, there are certain guidelines that are to be
followed by the registered migration agents under the Australian law5. Under the given
situation the migration agent would primarily assured the client regarding attaining the visa
5 See Chisholm, Richard and Parkinson, Patrick ‘The Immigration Cases’ Australian Journal of Family Law’
(2017)
4 | P a g e

Student:
Student number:
under subclass 500 whereas the documents and law does not permit so, then the agent would
be liable to breach provision of migration law if such agent do not clearly tell Anna about
fees and also inform her that it is majorly the consultation fees which alone can be charged by
the agent and does not include government fees for other charges which Anna may have to
pay6. If the agent charges Anna any other fees apart from consultation fees , such agent is
liable for breach under the MAR 1994.Also, under the regulations the agent is liable to
provide a detail letter containing all the information along with the instructions in terms of
rules and applicable regulations applying on agents of Australia. In addition to this, the agent
will be liable for a breach if one does not provide a letter of agreement to Anna before
processing the application7.
Also, misguiding Anna in spite of being aware of the situation and giving her a surety to get
her application successful is also a breach of code of conduct on part of the agent. As in the
given case, Anna has information which clearly tells the negligible possibility of her attaining
visa under subclass 500, yet if the agent gives her surety for a success it will be breach on
such agent’s part. And helping Anna to attain a visa despite of unfavourable legal
circumstance will make such agent act against the Australian law.
In addition to this, the agent holds information regarding another client called Isabella and
rendering any of her information or handing over her documents to any other client would
make such agent liable to breach the provisions of the regulations. Lastly, if the agent acts in
any manner which is against the best of interest of Anna as the client, then acting in conflict
of interest will make such agent liable for breach of the provisions of the Migration agent’s
regulations8.
6 Migration Act 1958
7 See Mara, 2016. Code of conduct & practice guides(2016)
8 See Migration Agent Regulations 1994
5 | P a g e

Student:
Student number:
Thus any of such acts leads to breach the code of conduct on part of the agent.
Bibliography
Aronson, Mark, Dyer, Bruce and Groves, Matthew, Judicial Review of Administrative Action
3rd edition ( Lawbook ,2013)
6 | P a g e

Student:
Student number:
Charlesworth, Hilary, Chiam, Madelaine, Hovell, Devika and Williams George ‘Deep
Anxieties: Australia and the International Legal Order’ (Sydney Law Review, 2016)
Coldrey, Barry ‘Good British Stock: Migration to Australia’ (National Archives of
Australia,2010)
Chisholm, Richard and Parkinson, Patrick ‘The Immigration Cases’ Australian Journal of
Family Law’ (2017)
Mara, 2016. Code of conduct & practice guides. [Online] Available at:
https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-
of-conduct/ [Accessed 09 October 2016].
Migration Act 1958
Migration Agent Regulations 1994
Crock, M ‘Immigration and refugee law in Australia’( Federation Press,2012)
7 | P a g e