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Migration Review Mechanisms - Question A

Solution: Yes, Stella can definitely file application for review of decision regarding their refusal of visa application which was given by department of home affairs. The immigration matters will be reviewed by immigration assessment authority (IAA) and administrative appeals tribunal (AAT). This is basically a type of merit review by the courts. This is also known as judicial review. The case which deals with cancellation of visa is reviewed in this tribunal by reviewing authorities. Numerous decision regarding visa applications offshore are also reviewed, if there is any grievances related to Australian sponsor or nominator or close relative visa is also reviewed by these reviewing authorities[1]. There are provisions related to this for resolving the various problems related to visa these are:

  • Part-5 of the migration legislation states about the cases related to visa cancellation or refusal.
  • Part-7 of this act states about the grievances related to most of the visa refusals and cancellations[2].
  • Part 7 AA deals with the immigration assessment authority for refusals of protection visa. It also states about the provision related to fast track applicants[3].
  • Part 8 of this act provides the provision related to judicial reviews of the federal circuit court and federal court[4].
  • Part 8 A elaborates about the judicial review by the HC (high court)[5].

Migration Review Mechanisms - Question B

When the refusal the side of ministry or department of home affairs has been made, after that the notification of that decision must be forwarded to the person appropriately. There are some conditions explained about the notification of the decision made according to section 66 of this act.

  • The criterion or the condition of refusal must be specified.
  • If the visa is refused due to the conditions of any provision of this act, then it must be specified[6].
  • All other reasons must be disclosed in a written format.
  • If the applicant has right to take decision which should be reviewed under part- 5 and 7 or section 500 of the state.
  • The decision can be reviewed and time of the review must be made, the person who can apply for it, and place of making the application of review[7].

Within 7 working days and 21 working days, it must be delivered. Section 66(2) and section 66(3) also states provision about the offshore application visa. Section 66(1) also defines the medium of sending the notification to application. The time limit for filling application for review can be done within or after seventy days of notification[8].

Migration Review Mechanisms - Question C

Yes, Terry can make review application for Stella. The application for other visas only two person can apply the visa applicant or former visa holder. But in close relative or sponsored skilled visa. The visa applicant must be present in Australia at the time when the authority is making any decision. However, issue may be there with the migration agent[9].

How to apply

  • For making application for review, application fees must be paid. All the forms are available in the office regarding application for review. It can be made online, through fax or either by e-mail[10].

Combined application for review can also be made. An application for review for a decision to require a security can also be combined related application for review of a decision which has refused to give visa. In the combined application only one application fee is to be paid and one application form requires to be utilised.

If any person wants to takes assistance from any person the designation of these person are allowed to assist such as a registered migration agent, spouse, child, brother or sister, a nominator or sponsor, parliamentarian, a member of a diplomatic mission and an official according to part 3 of the migration act[11].

Migration Review Mechanisms - Question D

Yes, Stella can request from the ministry to personally intervenes in here case, as the processor of review application is lengthy. Under the migration act, the minister may upon request have the power to intervene in the Stella’s case of visa refusal. Stella’s decision will come under the capacity of public interest as Stella and terry are in the same sex relationship. It would be the illustration for the persons are in this category. The migration act refers that the applicant must be present before both the houses of parliament at the time of making decisions and reasons. However, the minister must not show the person’s identity or any information which might lead to revelation of the person’s identity.

The provision which states about the powers or intervention of minister in accordance with the migration act, 1958 such as

  • Section 351 (part 5)[12]
  • Section 417 (part-7)[13]
  • Section 501 J ( AAT, on refusal or cancellation of protection visas)[14]

All these conditions are mandatory, apart from these above provision, the review application cannot be considered. It will not be able to resolve under the request to ministry intervention.

Migration Review Mechanisms - Question E

There are some obligations which migration agents have to follow according to this act. The migration act provides code of conduct for dealing with their clients[15]. They are:

  • Interaction with the clients must be very professional and ethical. An agent must be respectful while talking to talking to his clients.
  • Fees of consultation, record keeping of accounts and maintaining financial statement is very necessary.
  • Responsibilities towards agents must be properly maintained[16].
  • Most importantly any agent or lawyer must go against the law which regulates them. Otherwise, they would have to face big consequences regarding this unethical act which is done by them.
  • Agents must not engage in any illegal acts.
  • If agents are taking any clients documents then they must ensure clients to return them after their proceedings are over.
  • Agents must give proper advises to the clients about their case, should make them disguise about the case.
  • All the terms and conditions about the fees and advice must be in a written format.
  • Agent must be registered under this migration act. It also has duty to maintain secrecy about the client’s matters and documents related to him/her[17].
  • Every agent must have proper location of office and telephone number through which client can contact for his grievances[18].

References for Migration Amendment Regulations

Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New

Australian resources sector." Australian Bulletin of Labour 40.2 (2016): 138.

Barrett, Rowena, et al. " The use of 482 visas by smaller firms in the Western Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: Ananalysis of the 482 visa program." (2015).

Damian, and Chris F. Wright. "Australia’s shifting skills ecosystem: Contemporary challenges in.

Drake and Minister for Immigration and Ethnic Affairs [1979] AATA 179 (21 November 1979)

education, training and immigration’." Industrial Relations Reform: Looking to the Future, Federation Press: Sydney (2016): 163-186.

International Journal of Refugee Law, Volume 15, Issue 2, April 2003, Pages 192–211, https://doi.org/10.1093/ijrl/15.2.192

Mathew Alderton, Michael Granziera and Martin Smith,’ Judicial Review and jurisdictional Errors: The Recent Migration Jurisprudence of the high court of Australia’ (2015)18(3) Australian Journal of Administrative Law 138.

Migration act, 1958. Part 3, Part 4, Part 5 and Part 6.

Migration agent’s regulation act, 1998. https://www.legislation.gov.au/Details/F2017C00943

Migration Amendment Regulations 2010 (No 1) (Cth) reg 9

Zealand, and the United States: An overview of recent trends." International Migration Review 48.3 (2016): 801-822.

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