Australian Immigration Law

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Australian Immigration Law

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Australian Immigration Law

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Question:
Write a memorandum for Australian Immigration Law.

Answer:

Memorandum
To: Olivia Melendez
From: Migration Agent
RE: Australian Immigration Law
Date: 12 June 2016
I have received your concern this morning and I have reviewed your case in the light of the Australian Immigration Law. I agree mentioning to you a few days back that the visitor visa is that I cannot work. With this, I meant that it should take some more time for me to analyze your case and see whether you are eligible for the application of visa under subclass 600. You shall be glad to hear that I have analyzed your case once again and that you can apply for a visa under Subclass 600 for visiting your aunt.
Let me briefly discuss with you about the conditions that are required to be fulfilled for application of visa under subclass 600. The Visitor Visa allows a person to visit Australia for business, tourism or visitor activities. The tourism includes recreation, visiting family and friends or holidays[1]. A business visitor means visiting a place for negotiation, exploration or attending a conference. When a person has applied for visitor visa then he or she shall not be allowed to work or provide services to any Australian organization. If a person intends to work for a short-term period in Australia then he or she may apply for a temporary work visa under subclass 400. People who want to pursue studies or training for less than 3 months then he or she may apply for a visitor visa[2]. However, people who are parents of Australian citizens can apply for a visa to stay longer in Australia. The validity of the visitor visa is five years and it allows a stay up of 12 months on each entry to those people whose parents stay outside Australia. The visitor visa takes approximately 20 days to be processed from the date it has been applied for. Additional documents are required to complete the visa application due to which the visa application may be extended[3]. Hence, in order to apply for visa under subclass 600 the person who wants to visit his family or friends they should provide an evidence of their relationship with the inviter as well as the passport of the inviter and the status they hold in Australia. If the person is going for a tourist visit then the details of the booking should be provided and similar details has to be given if the person is visiting for short term working purposes[4].

According to section 41 of the Migration Act, 1958, visas are subject to exceptions and they are subject to specified conditions. Section 41 (2) (A) of the Migration Act lays restrictions upon work entitlement and it also lays many restrictions on the person who want to apply for work visa. Condition 8503 is a no further stay condition, according to which, a visa holder is prevented from working while they still pursue their course education. Condition 8101 lays restrictions on the number of working hours of working individuals. Hence, work means when a person is involved in earning his or her livelihood and he or she goes to some other country for earning their livelihood. However, Olivia’s domestic help cannot be regarded as work. She wants to assist her relative, as she is pregnant and is not interested in going there to earn her livelihood. Her feelings are influenced by sympathy and love. Olivia may apply for a tourist visa under sub class 600 and this is the best suitable option for her.
Analyzing your situation that you want to visit your aunt for assisting her in her household work who has been recently diagnosed with a medical condition you may apply for a visa under Subclass 600 easily and the Australian Bureau of Immigration will approve your visa easily. The only thing that you may require to prove here is that, a medical statement from the doctor who has confirmed the same condition of your aunt. Along with the production of other documents, you may have to produce the medical statement that confirms the same. The Australian Immigration Bureau shall assess your own financial capacity before approving your visitor visa[5].
You may proceed by filling in the required form for applying visa under Subclass 600. In case any other help is required, you may email me and ask me about it. Thank you very much, looking forward for your reply.
Your Sincerely,
Migration Agent

References
“Imaginings of Space in Immigration Law” [2012] Law, Culture and the Humanities
Hollifield, James, Philip Martin and Pia Orrenius, Controlling Immigration: A Global Perspective (Stanford University Press, 2014)
Kennedy, Susan, “Country Advice On The Identity Of Stateless People: An Analysis Of Australian Country Advice On Stateless Kuwaitis” (2014) 26 The International Journal of Social Sciences
Nethery, Amy, Brynna Rafferty-Brown and Savitri Taylor, “Exporting Detention: Australia-Funded Immigration Detention In Indonesia” (2013) 26 Journal of Refugee Studies
Newman, Louise and Igor NichoKorostil, “Near Elimination Of Genital Warts In Australia Predicted With Extension Of Human Papillomavirus Vaccination To Males” (2016) 40 Sexually transmitted diseases
Powell, Rebecca, Leanne Weber and Sharon Pickering, “Counting And Accounting For Deaths In Australian Immigration Custody” (2013) 17 Homicide studies
[1] James Hollifield, Philip Martin and Pia Orrenius, Controlling Immigration: A Global Perspective (Stanford University Press, 2014).
[2] Rebecca Powell, Leanne Weber and Sharon Pickering, “Counting And Accounting For Deaths In Australian Immigration Custody” (2013) 17 Homicide studies..
[3] Amy Nethery, Brynna Rafferty-Brown and Savitri Taylor, “Exporting Detention: Australia-Funded Immigration Detention In Indonesia” (2013) 26 Journal of Refugee Studies.
[4] Louise Newman and Igor NichoKorostil, “Near Elimination Of Genital Warts In Australia Predicted With Extension Of Human Papillomavirus Vaccination To Males” (2016) 40 Sexually transmitted diseases.
[5] Susan Kennedy, “Country Advice On The Identity Of Stateless People: An Analysis Of Australian Country Advice On Stateless Kuwaitis” (2014) 26 The International Journal of Social Sciences.

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