LML6002 Australian Migration Law Case Study 1 Sample

LML6002 Australian Migration Law Case Study 1

Assignment Details

Case Scenario

You are a registered migration agent. Amy Liu comes to see you for advice.

Amy is a citizen of China and arrived in Australia on a Visitor Class FA subclass 600 visa valid for entry on multiple occasions for a period of twelve months and to remain in Australia after each entry, for three months. She has the following conditions attached to her visa: 8101, 8201 and 8501. She recently met with a car accident and broke her ankle. She currently has two days remaining on her visa after her last entry to Australia. The doctor suggested that she obtain a two week extension of her visa so that her ankle could heal properly. She was also considering studying commercial cookery whilst in Australia.

Is Amy able to make a valid application for either of the following:

(a) A Medical Treatment Class UB subclass 602 visa and what are the requirements, if any.

(b) Student Class TU subclass 500 Student visa and what are the requirements, if any?

(c) What is the application fee for each visa above in (a) and (b) assuming they are paid by Master card?

You must support your answers by reference to the specific legislative provisions.

Criteria

1.Accurate answers to the questions demonstrating knowledge of statutory provisions and applying problem solving skills.

2. Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.

3. Arguments and information are clearly and logically presented.

Solution

Introduction

In the given case scenario, it is assessed that a foreigner Amy Liu, a citizen of China has arrived in Australia on a Visitor Class FA subclass 600 Visa. The visa is valid for entry on various occasions for 12 months and allows her to remain in Australia for three months after each entry. But, her visa also includes some of the following conditions that need to be followed while staying her visit in the country:

• 8101- This attachment implies that no work must be done by the visitor which a normal person gets paid for.

• 8201- This condition allows visitors to study or train for maximum 3 months.

• 8501- This condition requires the visitors to maintain adequate health insurance to cover their medical expenses in Australia.

However, the problem that arose is Amy broke her ankle while being in Australia and has only two days left on her visa after her last entry. The doctors suggested an extension of two weeks to ensure a fast recovery. Considering her interest in studying commercial cookery while being here and all the above-mentioned conditions, the following advice and recommendations are mentioned below.

Main Body

(a) A Medical Treatment Class UB subclass 602 visa is a temporary visa that allows people to remain or to travel in Australia for any medical urgency and also supports anyone who requires medical treatment. In the given case scenario, Amy is eligible to apply for a short-term stay according to this class and continue her stay for further medical treatment in Australia (Howe and Nikoloudakis, 2022). According to the Migration Act 1958, Section 46(1), a prescribed procedure must be followed by Amy for a valid visa application which satisfies all the conditions for the application. Any application made under Schedule 1 must be made in an approved form for a specified class at a prescribed place for MBA assignment expert which usually is an Immigration office in Australia or an Australian office in an overseas country.

Whereas, the Migration Regulations 1994, Schedules 1 and 2 provide the detailed criteria followed to access a valid visa which includes medical evidence, which means a letter from the doctor describing the condition and necessity of the visitor to extend her stay in Australia solely for recovery purpose (Martino et al., 2022). Also, a piece of evidence to prove the financial ability to support her stay (e.g., bank statements) and proof of adequate health insurance that covers her extended stay to surpass the 8501 condition. Despite all the evidence provided, under the Migration Act 1958, Section 65, it is specified that the minister must be satisfied if the prescribed criteria are adequately followed by the applicant. The foremost thing that needs to be considered is time limitation, Amy is required to lodge her visa application before her current visa expires that means in two days she must apply (Kenny, Procter and Grech, 2022). However, the expiration of Amy’s visa is due in two days, but her visa application process makes her eligible for a Bridging Visa A (BVA), which allows her to lawfully remain in the country while her 602 application is being processed.

(b) Student Class TU subclass 500 Student visa allows foreign students to study in Australia for up to 5 years depending on the course length. This also allows them to work up to 48 hours per fortnight (Clibborn, 2021). This can be approached by Amy if she intends to enrol in a commercial cookery course in Australia, as these courses meet the Australian educational standards and are also registered under CRICOS which is the Commonwealth Register of Institutions and Courses for Overseas Students (Akhrorova, 2024). Amy’s conditions attached to her current visitor’s visa, 8101 and 8201, are no work and limitation to 3 months of study in Australia. These conditions cannot be waived without transitioning to subclass 500, where she can study for longer. Further, many requirements need to be fulfilled for Amy to prove her eligibility for getting a subclass 602 visa.

The criteria mentioned under section 46(1) must be fulfilled for a valid visa including the payment of application charges and all the prescribed conditions under the section. According to the Migration Regulations 1994, Schedule 2, Clause 500.211, for getting enrolled in a CRICOS-registered course, Amy will require a Confirmation of Enrolment (COE) certificate issued by an Australian educational institution. As per Schedule 2, Clause 500.212, which is typically necessary for commercial cookery, she needs to determine her proficiency in the English language depending on the level of the course (William, Peters and Hegazi, 2024). She must also satisfy the Genuine Temporary Entrant (GTE) requirement, which determines the genuineness and Bonafide intention to stay for studies in Australia. To be eligible for a subclass 602 visa, she must bear Overseas Student Health Cover (OSHC) for her intended stay according to Schedule 2, Clause 500.216, and disclose proof or evidence determining sufficient funds to cover her travel and tuition expenses (Sidhu et al., 2021). The application process for a Subclass 500 Visa is required to be lodged before the expiry of the current visitor visa and can be considered invalid or late by the Minister as per Section 47(3) of the Migration Act 1958. While processing Subclass Visa, Amy will be provided with a bridging Visa same as in Medical Treatment UB class subclass 602, which allows her to stay lawfully in Australia until the process.

(c) The visa application charge is an essential element in the validity of a visa and is required to be paid at the time of making an application. For the Medical Treatment Class UB subclass 602 visa, the base application fee is AUD 315 as per Schedule 1 of the Migration Regulations 1994. However, according to Regulation 2.12C of the Migration Regulation 1994, payments by credit card such as Mastercard, include an additional surcharge of 0.98% of the transaction amount. Thus the total application fee is

AUD 315 + (AUD 315 x 0.0098) = AUD 318.08 (Sidhu et al, 2021)

Whereas, the base application fee for the application of Student Class TU subclass 500 Visa is AUD 650 as per Schedule 1 including the surcharge of 0.98% of the transaction amount, if payment is made by Mastercard. Thus, the total fee is

AUD 650 + (AUD 650 x 0.0098) = AUD 656.37
Conclusion

Thus, it can be assessed from the case scenario that Amy is eligible to make a valid application under both the subclasses, medical treatment subclass 602 and student subclass 500 while maintaining all the conditions attached to her visa or by waiving any if required.

References

Akhrorova, N., 2024. THE ROLE OF VISA POLICIES FOR STUDENT TOURISM DEVELOPMENT: OPPORTUNITIES AND CHALLENGES. Nordic_Press, 1(000001). https://doi.org/10.5281/zenodo.13922523

Clibborn, S., 2021. Multiple frames of reference: Why international student workers in Australia tolerate underpayment. Economic and Industrial Democracy, 42(2), pp.336-354. https://doi.org/10.1177/0143831X18765247

Howe, J. and Nikoloudakis, I., 2022. Short Stay Visa Holders and Occupational Trainees in Australia’s Labour Migration Program: Regulatory Challenges at The Apex of Temporariness. Federal Law Review, 50(1), pp.40-61. https://doi.org/10.1177/0067205X211066139

Kenny, M.A., Procter, N. and Grech, C., 2022. Temporary protection visas Australia: A reform proposal. https://doi.org/10.13140/rg.2.2.18607.00167

Martino, E., Li, Y., Kali-Opio, J. and Bentley, R., 2022. Between liminality and a new life in Australia: What is the effect of precarious housing on the mental health of humanitarian migrants?. Cities, 131, p.103900. https://doi.org/10.1016/j.cities.2022.103900

Sidhu, R., Cheng, Y.E., Collins, F., Ho, K.C. and Yeoh, B., 2021. International student mobilities in a contagion:(Im) mobilising higher education?. Geographical Research, 59(3), pp.313-323. https://doi.org/10.1111/1745-5871.12471

William, S., Peters, K. and Hegazi, I., 2024. A qualitative exploration of challenges for international students enrolled in health professional education degrees in Australia. Journal of International Students, 14(3), pp.468-490. https://doi.org/10.32674/jis.v14i3.6822