Wednesday, May 6, 2020
Imaginings of Space in Immigration Lawââ¬Free Samples for Students
Question: Discuss about the Imaginings of Space in Immigration Law. Answer: Aaa Bbb 3354, Sun Street Road Australia 3000504 migration.agent@australiaworkshop.com Date: 26 June 2016 To Whom It May Concern: Dear Sir, This is to bring to your kind notice that my client Raphael Rivero is currently holding visa Class FA, Subclass 600 with conditions 8101, 8202, 8503 and 8501 attached to it. However, now he needs to extend his stay in Australia as his wife is pregnant and she is diagnosed with a severe disease known as pre-elampasia. Knowing that Olivia is completely dependent on Raphael for her needs, it is important for him to comply with the instructions from the obstetrician. Additionally, Olivia is also diagnosed with mild reactive depression due to her sickness. Olivia is dependent on Raphael for physical and emotional support. Hence, in such a scenario it is important for him to seek waiver of condition 8503 from his existing visitor visa so that he is able to stay in Australia for a longer period of time. As a migration agent of my client, I believe that seeking an application for the waiver of condition 8503 is justified. Condition 8503 is a no further stay condition that restricts a person from applying a visa whether temporary or permanent in nature while they are continuing their stay in Australia[1]. No further stay condition includes 8503, 8534 and 8535. If any of these circumstances are forced on the visa, it means that a person cannot pertain for another visa to extend their stay. Raphael has such a condition imposed on his visa; this means that he does not have the power to extend his visitor visa. However, when he leaves Australia the no further stay condition shall not prevent him from applying other visas. Condition 8503 is a obligatory on the following types of visas: Visitor Visa (Subclass 600) Subclass Visa (402) Holiday Visa ( Subclass 462) If the above mentioned visa has condition 8503 imposed on it, then a person cannot apply for any other visa other than a Protection Visa. It is not possible to request removal of No Further Stay condition at the time when the person applies for the visa. However, if a persons situations change while he is in Australia, there is a stipulation to relinquish the condition in partial circumstances[3]. The waiver circumstances are listed in Regulation 2.05(4) of the migration law of Australia. According to the Regulation, the circumstances in which a person might get his condition 8503 waived are as follows: From the time when the person was granted the visa, he developed certain considerate or compelling conditions over which the person had no power and such loss of control resulted in a key change of the persons situations. If the minister had earlier declined to surrender the condition, however, now he is pleased that the conditions mentioned earlier are dissimilar from those measured earlier. If the person asks the minister to relinquish the provision, the demand should be in writing. It is not probable for the respected Department to consider the waiver conditions for any other reasons. Hence, at the time of applying for waiver of condition 8503, the department should be satisfied that due to major change in the existing circumstances of a person he needs to waive the condition so that he can continue his stay in Australia[6]. However, waiver is not automatic; it is granted after proper analysis of the existing circumstances of an individual. As per the Department, compassionate and compelling situations include death, illness or medical condition of a close family member where it becomes important for the family member to continue their stay in Australia so that they may take care of their family member who is in need. Raphaels condition fulfills this requirement of a compassionate and compelling situation[7]. Therefore, in Raphaels situation he should be given an opportunity for waiver of the condition that is imposed on his visa. His situation is as compelling as any other situation that may invoke compassionate feeling. His wife is pregnant and ill, mentally as well as physically. It is really urgent for him to remove the existing condition as this may lead to not one but two loss of lives. If the DIBC removes this condition and waives the no further stay condition then he may apply for another visa and continue his stay in Australia. Therefore, it is a humble request to the Department of Immigration and Border Protection for analyzing the difficult situation of Raphael and remove condition 8503 from his visitor visa. The medical certificate, letters from doctors, hospital bills, medical bills, and medical reports of Olivia and proof of residence of both Raphael and Olivia is attached along with the letter for the kind perusal of the Department. If Olivia needs to be undergo a medical a ssessment for confirmation of her sickness then she is absolutely fine to undergo such an assessment. I shall be waiting for a positive reply from your end. Kindly consider the current situation of Raphael and remove the condition from his visa. Yours sincerely, Aaa Bbb (Signature:) Migration Agent References: Hollifield, James, Philip Martin, and Pia Orrenius.Controlling immigration: A global perspective. Stanford University Press, 2014. Korostil, Igor A., et al. "Near elimination of genital warts in Australia predicted with extension of human papillomavirus vaccination to males."Sexually transmitted diseases40.11 (2013): 833-835. Martinez, Omar, et al. "Evaluating the impact of immigration policies on health status among undocumented immigrants: a systematic review."Journal of Immigrant and Minority Health17.3 (2015): 947-970. Nethery, Amy, Brynna Rafferty-Brown, and Savitri Taylor. "Exporting detention: Australia-funded immigration detention in Indonesia."Journal of Refugee Studies26.1 (2013): 88-109. Newman, Louise, Nicholas Proctor, and Michael Dudley. "Seeking asylum in Australia: immigration detention, human rights and mental health care."Australasian Psychiatry21.4 (2013): 315-320. Newman, Louise. "Seeking asylumtrauma, mental health, and human rights: An Australian perspective."Journal of Trauma Dissociation14.2 (2013): 213-223. Volpp, Leti. "Imaginings of space in immigration law."Law, Culture and the Humanities(2012): 1743872111435963.
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