Australian Migration Law - Essay Example

Running Head: AUSTRALIAN MIGRATION LAW Australian Migration Law Australian Migration Law Q1 Where would the review application have been lodged and what are the time limits for lodging the application? 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 notice of such cancellation, 28 days being the prescriptive period set forth in s 412 (1) (b) of the said Act.

Once Mischa has lodged a valid application in accordance with s 412 of the Act, it becomes compulsory upon the RRT to review his case within the period of 90 days as per s 412A of the Act. 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 to apply for the only other visa option available to him which is a bridging visa. The bridging visa is a quick visa process which can be granted immediately upon application precisely and serves as a temporary visa to those awaiting the results of an application of review application and is valid for the duration of the review of his case.

There are several types of visas but Mischa meets the requirement of Bridging Visa subclass WE under s 225 (2) of the Act in relation to s 050.211 (1) (a), s 050.212 (4) (b) (ba). This is because subclass WE includes those whose prior valid visas have been cancelled and the person with the cancelled visa is awaiting for the result of the review of such cancellation lodged with the RRT.ReferencesThe Migration Act 1958. Commonwealth Consolidated Acts. Retrieved 6 May 2008. http://www.austlii.edu.

au/au/legis/cth/consol_act/ma1958118/The Migration Regulations of 1994. Commonwealth Consolidated Acts. Retrieved 5 May 2008. http://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/