LML6003 Australia Visa Systems For Family and Others

Prepare a letter of advice in plain English, for Tina, encompassing the following issues:
1. What visa subclass, if any, could Tina apply for based on the above facts?
2. What additional information, if any, would you require to support the visa application?
3. What are your obligations under the Code of Conduct in relation to you guaranteeing her a successful outcome of her application?
4. What is the estimated processing time in relation to the application and is this visa subject to a cap?

Answer:

Visa Subclass

Based on the provided facts Tina could apply for Carer Visa (Subclass 116) that allows for someone to move to Australia to care for a relative with  a permanent or a long-term medical condition and the relative cannot get from any other family member in Australia or from welfare, hospital or nursing community service in Australia. This visa is suitable for Tina, given the fact that her uncle was suffering from cardiac problems, he cannot dress or wash himself without assistance, he needs help toileting and has to be taken to his doctor one per fortnight. Another reason to opt for this subclass is the fact that his uncle’s medical practitioners have affirmed that community services are not able to care for him and there is no other family member in Australia who is able to take care of him. Since Vlahos is not financially stable, Tina can assist financially and at the same take care of her uncle being the only relative in Australia since her aunt had just died. The subclass is applicable since the relative in concern, Vlahos, is a citizen of Australia. Providing these facts can ensure that Tina is granted a permanent visa to stay in Australia to take care of her ailing uncle.

Additional Information

The above visa application will need to be supported by relevant documents to prove the above stated facts. There will be a need for the aunt’s death certificate to be provided to confirm that Tina is the only relative remaining in Australia able to take care of her uncle. A document from the medical practitioner’s assessment confirming that the uncle needs care and cannot get the help needed from any other Australian sources is to be provided. A certificate showing that her uncle is an Australian citizen needs to be provided to guarantee citizenship of the uncle. Tina also needs to be willing to provide care to the relative. A police certificate from each country Tina has lived in the past 10 years for 12 months or more after turning 16 years of age is needed for consideration. There is also the issue of health requirement where the minimum standard set by the visa authorities is to be met by an applicant. The above documents are important in that they are needed to ascertain the condition that the uncle is in, and form a basis for the approval of the visa permit. Providing the above relevant information supports the visa application.

Obligation of migration agent

The code of conduct provides for the need of the migration agent to: ensure that there is utmost honesty about chances of client obtaining a visa, to ensure the client is informed about the progress of the application and any changes that may have an effect on it, to be available for the duration of business hours and inform client on possible changes, to act within the law to ensure the best interests and the privacy of clients are observed, provide a working contract before starting work of services to be provided and the estimated fee, provide timely and correct advice and tell client in writing the result of the application as soon as possible. The migration agent is also eligible to provide the most suitable migration strategy to achieve migration goals and to help the client to prepare all the required documentation to support the visa application. It is the work of the migration agent to  lodge visa application with the immigration department and border protection. In case of visa refusal the migration officer is required to appeal on the behalf of the client to review the visa refusal with Administrative Appeals Tribunal that’s if there are review rights. The migration agent needs to be familiar with migration regulations and be able to make use of migration laws.

Estimated time of application

There processing time for this visa is unavailable as applications are capped and queued. The cap means a minister has the power to influence the number of visa which can be granted every year. This cap, applies just for the migration program year in which it is presented. At the point when a limit is achieved, candidates at that point sit tight in a line for visa grant to be considered in a following year, subject to places getting to be accessible. Applications are considered for grant arranged by their line date as spots wind up accessible. This implies when the quantity of visas set by the minister for a visa class for the relocation program year has been achieved, no further visas can be conceded in that program year. The capping also allows for special instances like compassionate nature, where circumstances of compassionate nature are considered, in the case that a family member might be in need of immediate assistance as in our case with Vlahos. This case can be considered under priority processing basing on the provided evidence to support clients’ claims. This does not imply that an application can be given a higher priority as other applicants might have evenly or more persuasive conditions. Inside the non-contributory parent and other family classification, applications are evaluated against the center criteria for the important visa in lodgment date arrange. In view of the date this evaluation is finished, applications are then appointed a line date and set into a queue. Your visa application will then be considered for definite handling in line date arrange when places are accessible in the relocation program. The estimated time for allocation waiting time for this visa is up to 5 years.

Bibliography

Journal Articles/ Books/Reports

Barrie, L., & Mendes, P. (2011). The experiences of unaccompanied asylum-seeking children in and leaving the out-of-home care system in the UK and Australia: A critical review of the literature. International Social Work, 54(4), 485-503.

Ono, M. (2008). Long-stay tourism and international retirement migration: Japanese retirees in Malaysia.

Pessoa, S., Harkness, L., & Gardner, A. (2014). Ethiopian Labor Migrants and the" Free Visa" System in Qatar. Human Organization, 73(3), 205-213.

Phillips, J., & Spinks, H. (2013). Boat arrivals in Australia since 1976. Parliament of Australia, Department of Parliamentary Services, Parliamentary Library.

Urias, D., & Camp Yeakey, C. (2009). Analysis of the US student visa system: Misperceptions, barriers, and consequences. Journal of Studies in International Education, 13(1), 72-109.

Walters, H. (2008). The experiences, challenges and rewards of nurses from South Asia in the process of entering the Australian nursing system. Australian Journal of Advanced Nursing, The, 25(3), 95.

Woods, A. (2009). Learning to be literate: Issues of pedagogy for recently arrived refugee youth in Australia. Critical Inquiry in Language Studies, 6(1-2), 81-101.

Wilson, D., & Weber, L. (2008). Surveillance, risk and preemption on the Australian border. Surveillance & Society, 5(2).

Cases

Abbott v. Abbott, 130 S. Ct. 1983, 560 U.S. 1, 176 L. Ed. 2d 789 (2010).

Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659, 569 U.S. 108, 185 L. Ed. 2d 671 (2013).

Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869, 561 U.S. 247, 177 L. Ed. 2d 535 (2010).

Morrison v. National Australia Bank Ltd., 547 F.3d 167 (2d Cir. 2008).

US v. American Exp. Co., 88 F. Supp. 3d 143 (E.D.N.Y. 2015).