Australian immigration companion

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Full Title Copyright Foreword to First Edition Disclaimer Preface Table of Cases Table of Statutes Using this Text Table of Contents Chapter 1 Introduction to Australian Migration Law AUSTRALIA’S SYSTEM OF GOVERNMENT Separation of powers Australia’s Constitution UNDERSTANDING COMMONWEALTH LEGISLATION Types of legislation The relationship between levels of legislation Interpretation of legislation Important distinguishing words Derivations of the same word MIGRATION LEGISLATION EVOLUTION OF AUSTRALIAN IMMIGRATION LAW AND POLICY MIGRATION ACT 1958 Structure of the Act An overview of the Parts of the Migration Act Part 1 — Preliminary Part 2 — Arrival, Presence and Departure of Persons Part 3 — Migration Agents and Immigration Assistance Part 4 — Offences Relating to Decisions under the Act Part 4A — Obligations Relating to Identifying Information Part 5 — Review of Part 5-Reviewable Decisions Part 7 — Review of Part 7-Reviewable Decisions Part 7AA — Fast Track Review Process in Relation to Certain Protection Visa Decisions Part 8 — Judicial Review Part 8A — Restrictions on Court Proceedings Part 8B — Costs Orders Where Proceedings Have No Reasonable Prospect of Success Part 8C — Reports on Persons in Detention for More than Two Years Part 8D — Civil Penalties Part 8E — Investigation Powers Relating to Certain Offences and Provisions Part 9 — Miscellaneous MIGRATION REGULATIONS 1994 Structure of the Regulations An overview of the Parts of the Regulations Part 1 — Preliminary Part 2 — Visas Part 2A — Sponsorship Applicable to Division 3A of Part 2 of the Act Part 3 — Immigration Clearance and Collection of Information Part 4 — Review of Decisions Part 5 — Miscellaneous Schedules to the Regulations Schedule 1 — Classes of Visas Schedule 2 — Provisions with Respect to the Grant of Subclasses of Visas Schedule 3 — Additional Criteria for Unlawful Non-Citizens and Certain Bridging Visa Holders Schedule 4 — Public Interest Criteria Schedule 5 — Special Return Criteria Schedule 6D — General Points Test for General Skilled Migration mentioned in subregulation 2.26AC(1) Schedule 7A — Business Innovation and Investment Points Test — Attributes and Points (Business Skills (Provisional) (Class EB) Visas) Schedule 8 — Visa Conditions Schedule 9 — Special Entry and Clearance Arrangements Schedule 10 — Prescribed Forms Schedule 13 — Transitional Arrangements VISA CODES AMENDMENTS TO MIGRATION LAW POLICY: SCOPE AND LIMITATIONS MIGRATION AGENTS REGULATIONS AND CODE OF CONDUCT Part 1 — Introductory Part 2 — Immigration Assistance given by Persons not Registered Part 3 — Registered Migration Agents Part 3A — Approved Activities Part 3B — Approved Providers of Approved Activities Part 4 — Miscellaneous Part 5 — Transitional Provisions Schedule 1 — Continuing Professional Development Schedule 2 — Code of Conduct DEFINITIONS AND DEFINED TERMS Locating definitions Definitions in migration legislation Definitions in the Act Definitions in the Regulations Cross-referencing definitions within migration legislation Definitions in other legislation Definitions in policy or case law Advice on interpreting terms in legislation 1. Study the interpretation provisions in the Migration Act and Regulations 2. Look for derivations of the word or phrase 3. Go to PAM and the MSIs to see the meaning under immigration policy 4. Check if the word or phrase or the section has been given a meaning by the courts 5. Research supplementary materials and intrinsic or extrinsic materials in the legislation 6. If there is no definition in legislation, consider whether the word has an ordinary dictionary meaning Chapter 2 Introduction to Visa Application Procedures LEGAL PERSPECTIVE FOR MAKING A VALID VISA APPLICATION LEGISLATIVE REQUIREMENTS FOR MAKING A VALID VISA APPLICATION Section 46 requirements Schedule 1 requirements Legislative instruments LEGISLATIVE CONSTRAINTS ON MAKING A VALID VISA APPLICATION Section 48: Non-citizen refused a visa or whose visa cancelled Section 48A: Non-citizen refused a protection visa Section 161: Criminal justice visas Section 164D: Enforcement visas Section 195: Detainees Section 501E: Refusal or cancellation of visa on character grounds Section 46AA: Some Act-based visas Sections 46A and 46B: Unauthorised maritime arrivals and transitory persons Sections 91E and 91G: CPA and safe third country Section 91K: Temporary safe haven visa Section 91P: Non-citizens with access to protection from third countries Sections 46(1A), 41(2)(a) and 41(2A): ‘No further stay’ conditions and waiver DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION (DIBP) Portfolio scope DIBP responsibilities Department structure LODGING A VISA APPLICATION Visa application charges First instalment visa application charge Base application charge and additional applicant charge Subsequent temporary visa application charge Non-Internet application charge Second instalment visa application charge Health services charge English language charge Credit card surcharge Refund policy Prescribed arrangements for lodging visa applications Online visa applications Multiple visa applications ‘Automatic conversion’ of application Appointment of migration agent or authorised person Notifying the Minister of residential address Reference to the Minister, Secretary or Australian Border Force Commissioner Adding dependants after lodgment of application Change in circumstances Government assistance to certain visa applicants Immigration Advice and Application Assistance Scheme (IAAAS) Asylum Seekers Assistance Scheme (ASAS) Legal Aid Access to Medicare CONSIDERING THE APPLICATION Valid and invalid applications Visa capping and suspending of applications Assessing each person in the application Invitation to submit application for another visa Considering the information Information concerning health and character etc ‘Non-disclosable information’ ‘Protected confidential information’ COMMUNICATION BETWEEN THE VISA APPLICANT AND THE MINISTER Prescribed ways of communication Who? How? What? Where? Why? Requests by the Minister for further information or to attend interview Time limits for providing information, documentation and/or to attend interview Matters for which time limits do not apply Ways the Minister may give a document to the visa applicant Correspondence sent to authorised recipient or carer of a minor Time of receipt of communication from the Minister Defective communication from the Minister NOTIFYING DECISION ON A VISA APPLICATION Approvals (visa grant) Refusals — general Refusals — character grounds Final determination of an application Chapter 3 Scenario Discussion Questions SUMMARY SUBJECT A: AUSTRALIAN MIGRATION LAW Question A1: Definition of terms Question A2: Johnny Begood — General visa concepts Question A3: Johnny El-Kreiky — General application procedure Question A4: Virginia Woolf — General lodgment and bridging visas Question A5: Jason, new registered migration agent — Code of Conduct Question A6: Bilbar — General concepts and Code of Conduct Question A7: Unregistered agent — Unregistered practice Question A8: Registered migration agent pitfalls — Code of Conduct Question A9: Barry Barker — Ethics and ethical conduct Question A10: Trueblue Visas and Pronto Visas — Ethics and ethical conduct Question A11: Registered migration agent — Ethics and ethical conduct Question A12: Chris — Ethics and ethical conduct Question A13: Scarlett O’Hara — Resident return visa and validity of visa applications Question A14: Simon White — Citizenship issues Question A15: Amanda Yonkers — Citizenship issues Question A16: Pierre Le Bon — Citizenship issues Question A17: John Doh — Citizenship issues Question A18: Ivy Nguyen — Citizenship issues Question A19: Ricardo Taco — Citizenship issues Question A20: June and Jackie Chan — Citizenship issues Question A21: Maria and Gary Callas — Citizenship issues Question A22: Helen and John — Citizenship and partner visa issues Question A23: Bill and Kylie — Citizenship issues Question A24: Karen — Citizenship issues Question A25: Michelle Paddington — Citizenship issues SUBJECT B: AUSTRALIA’S VISA SYSTEM Question B1: Maria and Peter — Partner visas Question B2: Mary and John — Parent visas Question B3: Liz and Phil — Parent visas, balance of family Question B4: Martha and Wayne — Parent and retirement visas Question B5: Harry and Hermione — Family visas and assurance of support Question B6: John Lawless — Permanent employment visas Question B7: Fox Mulder — Temporary and/or permanent employment visas Question B8: Cedric Chaudry — Temporary employment visas Question B9: Ludwig Von — Employment, health requirements Question B10: Westland Constructions — Sponsor obligations Question B11: Marj d’Barge — General skilled migration, Job Ready Program and Offshore Skills Assessment Program Question B12: Paddy and Cathy — Skilled visas and points test Question B13: Peter Pan — Work and skilled visas Question B14: Eugene Ivanoff — General skilled migration Question B15: Jonathan Swift — ETA and business talent Question B16: Nathan Yahoo — Business skills visas Question B17: Pauline Smith — Business skills visas Question B18: Paul Inenn’söhn — Business skills visas and dependent child Question B19: Joanne Field — Student and dependants Question B20: Ruchitta Riches and Speedy Gonzales — Student and work rights Question B21: Johnny Will — Refugee status Question B22: Mary Kaur — Protection visas Question B23: Anya Kornikov — Protection visas Question B24: Karim Sepehr — Refugee status Question B25: Ali Hasan — Visitor, medical treatment visas and work Question B26: Yessir Ararat — Bridging visas Question B27: Delia Llama — Bridging visas Question B28: Nelson Mondoza — Bridging visas Question B29: Joh Bielkesen — Resident return visas Question B30: Grace Whitelaw — New Zealand citizens SUBJECT C: VISA COMPLIANCE, CANCELLATION AND REVIEW Question C1: Dulbar Singh — General visa cancellation Question C2: Ngo Dinh Nhu — Visa cancellation on incorrect information Question C3: David Higson — Cancellation and freedom of information Question C4: Freddy Kruger — Visa cancellation, s 501 and review Question C5: Harriet Harilela — Student visa and student visa cancellation Question C6: Fu Man Chu — Compliance mix Question C7: Placido Flamingo — Unlawfuls and exclusion periods Question C8: Win Shum and Lu Shum — Detention and residence determinations Question C9: Paul Domingo — Merits review Question C10: Sergio Mendese — Refugee, compliance, AAT Question C11: Lin Tung Hoa — Refugee and review SUBJECT D: APPLIED MIGRATION LAW AND PRACTICE Question D1: Abdullah Bin Aladdin — Protection visas and family reunion Question D2: Arriveda Ciroma — Partner visas and family violence issues Question D3: Brigitte La Deux — Complex case and ethical issues Question D4: Forrest Gumpf — Family migration and assurance of support Question D5: Manuel La Pagayo — Complex case and merits review Question D6: Brittney Pears — 8503 waiver submission Question D7: Mr Perez — Client communication Question D8: Ms Winslow — Migration practice management Ahmed file Jose file Question D9: Jane Marple — Migration practice management Parker Pyne Ariadne Oliver Question D10: Fees Question D11: Fees Question D12: Ms Xu — Fees Question D13: File practice management Question D14: Nguyen — File practice management Question D15: Sharni Kaur — Priority processing, AAT Question D16: Ronaldo Esposito — Sponsorship and Sch 3 issues Question D17: Ernest Hemingwood — Partner visas, Sch 3 issues and compelling reasons Chapter 4 Suggested Answers to Scenario Discussion Questions SUGGESTED ANSWERS TO QUESTIONS ON SUBJECT A: AUSTRALIAN MIGRATION LAW Question A1: Definition of terms Question A2: Johnny Begood Question A3: Johnny El-Kreiky Question A4: Virginia Woolf Question A5: Jason, new registered migration agent Question A6: Bilbar Question A7: Unregistered agent Question A8: Registered migration agent pitfalls Question A9: Barry Barker Question A10: Trueblue Visas and Pronto Visas Shifty Terry Selene Question A11: Registered migration agent Question A12: Chris Question A13: Scarlett O’Hara Question A14: Simon White Question A15: Amanda Yonkers Question A16: Pierre Le Bon Question A17: John Doh Question A18: Ivy Nguyen Question A19: Ricardo Taco Question A20: June and Jackie Chan Question A21: Maria and Gary Callas Question A22: Helen and John Question A23: Bill and Kylie Question A24: Karen Question A25: Michelle Paddington SUGGESTED ANSWERS TO QUESTIONS ON SUBJECT B: AUSTRALIA’S VISA SYSTEM Question B1: Maria and Peter Question B2: Mary and John Question B3: Liz and Phil Question B4: Martha and Wayne Question B5: Harry and Hermione Question B6: John Lawless Question B7: Fox Mulder Question B8: Cedric Chaudry Question B9: Ludwig Von Question B10: Westland Constructions Question B11: Marj d’Barge Question B12: Paddy and Cathy Question B13: Peter Pan Question B14: Eugene Ivanoff Question B15: Jonathan Swift Question B16: Nathan Yahoo Question B17: Pauline Smith Question B18: Paul Inenn’söhn Question B19: Joanne Field Question B20: Ruchitta Riches and Speedy Gonzales Question B21: Johnny Will Question B22: Mary Kaur Question B23: Anya Kornikov Question B24: Karim Sepehr Question B25: Ali Hasan Question B26: Yessir Ararat Question B27: Delia Llama Question B28: Nelson Mondoza Question B29: Joh Bielkesen Question B30: Grace Whitelaw SUGGESTED ANSWERS TO QUESTIONS ON SUBJECT C: VISA COMPLIANCE, CANCELLATION AND REVIEW Question C1: Dulbar Singh Question C2: Ngo Dinh Nhu Question C3: David Higson Question C4: Freddy Kruger Question C5: Harriet Harilela Question C6: Fu Man Chu Question C7: Placido Flamingo Question C8: Win Shum and Lu Shum Question C9: Paul Domingo Question C10: Sergio Mendese Question C11: Lin Tung Hoa SUGGESTED ANSWERS TO QUESTIONS ON SUBJECT D: APPLIED MIGRATION LAW AND PRACTICE Question D1: Abdullah Bin Aladdin Question D2: Arriveda Ciroma Question D3: Brigitte La Deux Question D4: Forrest Gumpf Question D5: Manuel La Pagayo Question D6: Brittney Pears Question D7: Mr Perez Question D8: Ms Winslow Question D9: Jane Marple Question D10: Fees Question D11: Fees Question D12: Ms Xu Question D13: File practice management Question D14: Nguyen Question D15: Sharni Kaur Question D16: Ronaldo Esposito Question D17: Ernest Hemingwood Index