StudentShare solutions
Triangle menu

Australian Migration Law - Essay Example

Nobody downloaded yet

Extract of sample
Australian Migration Law

The 90-day period is to be reckoned from the time the Secretary responded to the Registrar’s written notice of the existence of such an application for review under s 418 (1). Within 10 days of receipt of that written notice, the Secretary must respond with a written statement concerning the decision being reviewed setting out the findings of facts of the deciding person, evidence supporting such decision and reasons for such decision under s 418 (2). The only exception to the reviewability rule is when the Minister has forbidden it by issuing a conclusive certificate which precludes a review of his decision if he has determined that a review would not be in the best interest of the country in accordance with s 411 (3). For Mischa’s application to be valid and aside from complying with the prescriptive period of 28 days, his application must be: in the prescribed form; with the prescribed application fee, if one is required. In addition, such application can only be lodged by Mischa while he is in Australia.
Q2 Advise Mischa with respect to his situation. Include in your advice responses the following questions: (a) What is his current immigration status? (b) How can he remain in Australia lawfully whilst he responds to these allegations and the decision to cancel his visa is reviewed?
Ans.: The cancellation Mischa’s protection visa has the effect of making him an unlawful citizen. This is the principle laid down in s 15, Part 2 of the Migration Act 1958, which makes the unlawful status effective immediately after cancellation unless the individual is the holder of another valid visa.
For Mischa to be able to stay in Australia lawfully, he must apply for another visa. However, under s 48 (1) (ii) and s 48A (1) (b) of the Migration Act of 1958, Mischa is prohibited from applying for another protection visa. What Mischa can do to make his stay in Australia legal while waiting for the conclusion of the review of his appeal with the RRT, is ...Show more

Summary

Ans.: The review application of Mischa should be lodged with the Refugee Review Tribunal (RRT) under s 411 (1) (d) of Part 7, Division 2 of the Migration Act 1958. Mischa must be able to lodge the review application for his visa cancellation within 28 days from the time he had…
Author : samanthadeckow
Australian Migration Law essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Australian Migration Law"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

No Illegals, No Trouble: Immigration and Australian Law
Many citizens felt that Australian identity was under threat. Parties responded accordingly.4 As a result, illegal immigration in Australia has become a highly contested issue. There have been resonant quotes such as this one uttered in public: Illegal immigration is a crime.
9 pages (2250 words) Essay
Australian Administrative Law
The agencies’ involvement in law include areas such as making rulings on cases in court, adjudication, and/or enforcement of certain guidelines as stated in a country’s constitution (Hocking & Guy, 2010). Administrative law is, therefore, a section of public law.
6 pages (1500 words) Essay
Essay on procedural fairness in Australian administrative law - full question in assessment criteria
bound by the rules of procedural fairness or precluded as a result of a clear statutory intention to the contrary have been tested by immigration cases. In M61/2010, the courts found that administrative powers relative to applications by offshore detainees for protection visas were required to be exercised by reference to the rules of procedural fairness.3 However, the ruling in S10/2011 appears to represent a shift away from the ruling in M61/2010 in that it was held that the denial of a protection visa application did not confer upon the plaintiffs a right to procedural fairness.
8 pages (2000 words) Essay
Australian contract law
Legal signing is made by both parties to show that an agreement has been made while any withdrawal would only occur with the involvement of the two parties (Gillies, 1988). A contract can be made orally or be in writing and can be entered into through different ways.
6 pages (1500 words) Essay
Australian law
Stephenson that saw the decomposing remains of a snail found in a ginger beer bottle mark the beginnings of modern laws on negligence. In making the ruling, Lord Atkin Directed that producers were responsible for the products they sold to all their customers.1 After a duty of care has been established, it is important to settle the matter as to whether the defendant or professional adviser actually happened to breach the duty of care that was owed.
4 pages (1000 words) Essay
Australian Law
The High Court of Australia is capable to manage cases which come to it on appeal or which start in the High Court itself. Cases which entail interpretation of the Constitution or where the Court may be called upon to depart from one of its earlier decisions or where the Court thinks the principle of law involved to be one of main public importance, are generally determined by a complete Bench including all seven Judges if they are available to sit.
3 pages (750 words) Essay
Australian Immigration Policies
Within the context of this question, socially engineered immigration policy refers to an immigration framework which is designed to satisfy a certain image of society and ensure, or at least try to, a specific demographic and racial composition. Added to that, if Australia's immigration policy was socially engineered as this research will try to establish, the country was hardly unique in this regard.
8 pages (2000 words) Essay
Australian Criminal Law
And then he ran into my knife. He ran into my knife ten times. If you'd have been there, if you'd have seen it, I betcha you would have done the same! [Wilbur, as it transpires, had a long history of violence, possessiveness and a need to control June.] There has been constant change in the legal texts in keeping with the changes that are happening with criminal homicide in Australia (Brown et al., 1996).
10 pages (2500 words) Essay
Australian Business Law
The TPA applies to the corporation because the said Act applies to the business of corporations and businesses engaged in misleading conduct related to intellectual property. In the given problem, Avarice Ltd is a corporation and in using the name Happiest Kangaroo Hotel, it is engaged in the misleading conduct related to intellectual property of passing-off.
16 pages (4000 words) Essay
Journal Analysis Australian Law
A legal collision eventually loomed as SF filed a court action against the CB allegedly for “deception and misrepresentation” in its statements to SF’s clients. The bank, on the other hand, alleged that SF
3 pages (750 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment