1).
The Bridging Visa A, also called the BVA comes under subclass 010 which allows a person to stay in Australia lawfully till the time another substantive visa is pending and has not been approved. There are a few conditions that needs to be fulfilled for the BVA application to be confirmed by the Visa Authorities. The following conditions need to be abided by:
Since students have to undergo severe hardship in applying for the bridging visa, it is always recommended that they apply for the 485 Temporary Graduate Visa so that there is enough time given to the student to apply for the visa. In the factual scenario. Tom was granted the bridging visa while he is holding the student visa under subclass 500 and Tom applies for subclass 820 and 801 and therefore to stay in Australia, only after the student visa will expire will Tom be governed by the bridging visa.
2).
The factual scenario is based on the situation of visa cancellation by the Department of Home Affairs. In Australia, citizens are guided by the rules and regulations of the Department of Home Affairs and therefore there are several laid down conditions under which the citizenship of an Australian can be cancelled if a few conditions are met and fulfilled. If the Minister gets to know that any individual has a history of a criminal record or has been convicted of any crime. The applicant cannot conceal any statement or make any false statement and if he does so, the Department can cancel the visa. According to the provisions of section 34 of the Australian Citizenship Act of 2007, the minister has the right to cancel the visa application in cases when the applicant has committed any migration related fraud. Therefore, the Ministry will have the right to cancel any visa application if they wish to based on the above mentioned grounds. The Department has the authority to cancel any application under section 501 of the Migration Act, 1958 (Cth). The Minister shall in such cases cancel the visa application. If the applicant fails to meet all the requirements, the visa application shall be cancelled. There are also provisions of Character Test and in cases when the applicant does not pass the character test, the Department shall reserve the rights to cancel the visa application. The Department shall first check if the applicant has passed all the requirements and then the department shall concentrate more on the fact that if there are any grounds under which the department shall have the right to delegate the right to question and verify the validity of the visa in question. The conditions to be fulfilled to make a visa valid:
In the present case, Bianca is a citizen of Australia who was born in Australia and has also lived in Australia permanently. Bianca therefore call be considered a Portugese. Bianca’s father was caught in a corruption and as a result of which the visa of Bianca’s father got cancelled by the authorities. Therefore, going by the provisions of the Migration Act, it can be said the visa cancellation is right.
3).
Part (a)
In the present case, the visa of Peter was cancelled under the provisions of section 501(2). If under circumstance, if the Minister is convinced is that there has been any illegal association of the applicant, then the application shall be cancelled. No provisions of natural justice shall be applicable to a person under the provisions of the Migration Act and natural justice shall not in any way motivate the decision making of the minister. If the applicant has any criminal record, in that case, it shall be held to be a valid ground for cancelling the visa. Certain powers have also been granted to the minister under which they can exercise their rights. Peter, in this case, should be advised to make a request for review of the decision to the Tribunal. The minister has been granted the right to cancel any visa on reasonable grounds of suspect and threat. It is the primary notion that if any person has a track record of conviction, on that case, he shall be denied a visa. The Australian government, therefore, has the right to cancel a visa during the course of business of the ministers. Therefore, Peter can make a review request against the orders and the decision taken by the department.
Part (b)
The process of making appeal in cases of refusal of a visa application which is not a protection visa, the decision of the Tribunal can be referred for review. A student, partner, family member can make the appeal and the process of doing that is called “making an appeal”. A few strict conditions apply while getting any legal help and the appeal can only be preferred in case of grounds of “character ground”. For proceeding with the appeal, it is necessary that the intention is made known to the Tribunal and then the if the Australian is making an appeal, it is important to show that the visa has been refused or has been cancelled on the said “character grounds” and then the applicant will be given the time period of 9 days to make the complaint.
The character grounds are judged on the following basis:
4).
Subclass 114 talks about an aged dependent relative visa which is the essential clause for sponsoring a relative or any partner of any person staying in Australia. It is important that the person applying the visa does not have a partner or a de facto partner. The important criteria that needs to be fulfilled for applying for the dependent visa is that the applicant has to be of a certain age which is eligible for getting the application approved. The applicant has to be show that he is dependent on a relative and that he needs support for the basic living and also for the basic amenities. The applicant has to show that the relative is in charge of the applicant’s finances and also finances his expenses. The applicant has to be financially incapable of sponsoring himself and therefore it is important to show that Damian cannot finance himself as he is old and aged. The person who is sponsoring the visa has to be above the age of 18 and also has to be a resident of Australia. The applicant also has to show that he has been getting assistance for a reasonable period of time. The applicant has to show that he will be supported financially. In the given factual scenario, the applicant, that is, Damian Kruz has been financially assisted by his brother and that his brother has been financially supporting him. Damian’s brother is a successful surgeon and he is well placed in the society. Damian is an old man who is aged 74 years and due to his age, he cannot be said to be financially independent. Damian’s brother David has been paying $120,000 for the past several years and he has been depending on his brother for a good reasonable amount of time. Under section 1.02 of the Migration Regulations Act, it is mandated that the person has to be of an age to be get compensated by the Social Security Act, 1991. The provisions of the Act states that the person has to be eligible to get pension and therefore has to be dependent on him. Damian was married to Kali and they have not been in talking terms. They have not been in touch with each other for 6 months and therefore he has not been a de facto husband to Kali. Damian perceives that the marriage is over. Damian is dependent on his brother and therefore he is applicable to get the visa under the Australian Migration Regulations Act, 1994.
5).
The provisions of the Migration Act, 1958 deals with visa related problems in Australia and the subject matter that is related to the case in Australia is that of section 36 of the Act. The application for protection visa under section 36 of the legislation under the Department of Border and Immigration Protection or the Department of Home Affairs. Under the provisions of sub-section (1B) and (IC) under section 36 of the Act, it is mandated that all individuals have to be abided by the provisions of sub-sections IB and IC. The important factor to consider here is that the applicant should not have any past track record of any criminal history. The applicant cannot have a criminal record and shall not be allowed to enter the country in such circumstances. The security of the country is of paramount importance as has been mentioned under section 36(IC). The visa accorded shall be permanent in nature and the life of the applicant cannot be jeopardized in cases when it can be ascertained that the nature of any riot will hamper the safety and security.
In the present case, a certain situation has taken place in case of Mohammad wherein it has been seen that being an Iraqi he was part of a belligerence that had taken place. Under such circumstances, there was an application for protection visa under subclass 866 before the authorities. Being not financially dependent, he could not contact an agent and therefore he made the application without the help of an agent. Because he could not afford the agent and therefore filed the application without the agent, the Department did not accept the application.
The department was not right in the present case as the condition in Iraq is not good and safe and an application for visa is needed and justified. The contentions raised are fair and that the department was not fair in rejecting the application on the ground that there was any help taken by the agent. The provisions are correct and therefore the department should not reject the application because there was an agent problem and it is also an allowed provision that a person can apply for visa.
Reference:
Askola, Heli. “Who Will Care for Grandma? Older Women, Parent Visas, and Australia’s Migration Program.” Australian Feminist Law Journal 42.2 (2016): 297-319.
Baldassar, Loretta. “Who Cares? The Unintended Consequences of Policy for Migrant Families.” The Politics of Women and Migration in the Global South. Palgrave Pivot, London, 2017. 105-123.
Dauvergne, Catherine. “Making people illegal.” Migrants and Rights. Routledge, 2017. 77-94.
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