LAW 2562 Migration Law And Policy
In the given case it has been mentioned that a wealthy Saudi Arabian Businessman has
arrived in Australia and has qualified for an investor visa however it has been noted that
professional fees for such visa are $15,000. The disbursements are within the industry
standards however it was advised that based on the income of the Saudi Arabian
businessman he should be charged with $ 40,000. The ethical issue that has been raised in
this matter is that whether the businessman should be charged extra based on his financial
status and on the other hand the business of the firm has suddenly declined therefore focus
should also be laid in that area.
In context to the above matter it can be stated that the businessman of Saudi Arabia is
capable of investing a large amount for investor visa and based on his financial condition he
can be charged with an amount higher than that of the actual rate. It has been noted that in
recent times the business investment of successful investors has increased in South
Australia to a higher amount which is much more than the actual (Beine et al. 2016). It can
also be stated that keeping in mind the recent decline of the business condition of the firm
and in order to increase the profit motive it is essential for the sake of business purpose the
businessman of Saudi Arabia could be charged with a higher amount of fees and also due to
his financial stability he could afford the same.
According to the Migration Law of Australia, business investors are willing to invest a
higher amount which is much more than the actual amount that has been stated based on
their financial stability (Robertson and Runganaikaloo 2014). It can therefore be added that
in such case if an amount is charged which is much more than the amount presented above
may in some cases be considered and the amount can be reduced otherwise the firm will
face no penal or legal issues in this mater however it can be mentioned in this context that
the client in future may withdraw his services from the firm.
Summary Of Facts:
The issue that has been addressed in this case is regarding student visa. The person
mentioned in this case named Sheriff is about to get married to his longtime friend however
caught in the preparations of his wedding he forgot about the status of his visa and
therefore came to know that his student visa is likely to expire in next 7 days. In this
situation the person should apply for extension of visa before it expires in order to extend
his stay in Australia or he can renew his student visa by providing application for a new one
(Lindsay Lowell and Avato 2014). In this case it can be stated that in case of extension of
visa the person needs to apply at least one month before the date of expiry however in this
case it has been observed that only seven days is left for the person for his stay in Australia
(Robertson 2014). The person can also apply for new visa in order to extend his stay in
Australia however in this regard he could not do so because in order to extend his stay in
Australia by renewing his student visa he would have to apply for it four months before the
expiration date (Akbari and Macdonald 2014).
The client should be advised that he should cancel his honeymoon plans and stay back in
Australia and during his stay he should apply for his visa extension however it should be
noted that he should complete the formalities within 28 days of the visa expiry date. It is
suggested that the client should visit the visa departmental office within 28 days and
present all the relevant documents required for the purpose like residential proof
documents, identity proof documents (De Maio et al. 2014). It can be stated that the client is
looking forward to depart for his honeymoon therefore in that case he is advised to bring
the relevant evidences to support his claim like presenting the evidence of any airline ticket
he has booked. The Community Status Resolution Service officers may on being satisfied
with the above documents presented by the client may grant him a bridging visa which is a
kind of temporary visa that allows a person to stay in Australia lawfully until the
immigration matter is not finalized (Phillips and Spinks 2013). It can be finally said that if a
person stays in Australia without a valid visa then in such case the person is at the risk to be
placed under immigration detention and in some cases the person may amount to penal
consequences (Sampson and Mitchell 2013).
The Migration Act 1958 and the Migration Regulations 1994 are the laws which regulates
the conditions regarding overstaying of visas. It can be stated that if a person remains in
Australia even after the expiration period then he will be considered as an unlawful person
however if the overstaying of the visa is less than 28 days then in that case he needs to
contact the Community Status Resolution Service for further assistance in applying bridging
visa in order to extend his stay. In this case action has been taken to extend the stay of the
client in Australia by presenting application for bridging visa therefore in that way the client
could extend his stay and at the same time can prepare his honeymoon plans in the future.
Akbari, A.H. and MacDonald, M., 2014. Immigration policy in Australia, Canada, New
Zealand, and the United States: An overview of recent trends. International Migration
Review, 48(3), pp.801-822.
Beine, M., Boucher, A., Burgoon, B., Crock, M., Gest, J., Hiscox, M., McGovern, P., Rapoport, H.,
Schaper, J. and Thielemann, E., 2016. Comparing immigration policies: An overview from
the IMPALA database. International Migration Review, 50(4), pp.827-863.
De Maio, J., Silbert, M., Jenkinson, R. and Smart, D., 2014. Building a new life in Australia:
introducing the longitudinal study of humanitarian migrants. Family Matters, (94), p.5.
Lindsay Lowell, B. and Avato, J., 2014. The wages of skilled temporary migrants: Effects of
visa pathways and job portability. International Migration, 52(3), pp.85-98.
Phillips, J. and Spinks, H., 2013. Immigration detention in Australia. Parliamentary
Robertson, S. and Runganaikaloo, A., 2014. Lives in limbo: Migration experiences in
Australia’s education–migration nexus. Ethnicities, 14(2), pp.208-226.
Robertson, S., 2014. Time and temporary migration: The case of temporary graduate
workers and working holiday makers in Australia. Journal of Ethnic and Migration
Studies, 40(12), pp.1915-1933.
Sampson, R. and Mitchell, G., 2013. Global trends in immigration detention and alternatives
to detention: practical, political and symbolic rationales. J. on Migration & Hum. Sec., 1, p.97.