Answer 1:
In this case, Waensila is a client who’s Partner (Temporary) (Class UK) visa has been refused firstly by Department of Immigration and Border Protection, Migration Review Tribunal. And he reviewed the case in Federal Court of Australia.
Applicant is Waensila who is a citizen of Thailand who initially arrived in Australia on a visitor visa in November 2007. He then applied for Protection visa and subsequently was unsuccessful and his challenges against the decision went against him in October 2009. The applicant didn’t hold any substantiate visa as on 10 September 2010, when he applied for temporary and permanent partner visa (Parts 820 and 801) onshore on the basis of his marital relationship with an Australian Citizen who was his sponsor.
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When he applied for Spouse Visa Subclass (820 & 801), He didn’t hold any substantive visa so in that he needed to satisfy the criteria for subclass (820 &801 )to be satisfied at the time of application i.e. Schedule 3 Criteria 3001,3003 and 3004 unless minister thinks there are some compelling reasons and these criteria will not apply to him.
As the applicant applied for Partner Visa well after his 28 days expires since he hold substantiate visa, he did not met Criteria 3001 which is of main concern in this case which is Cl 820.211(2)(d)(ii).
In order to satisfy Sch 3 Criteria, the applicant submitted “compelling reasons” to the Case Officer DIBP as well as to the Tribunal in order to meet the relevant criteria 3001. The reasons put forwarded by the applicant were:
1. He feared hostility, fear, ill treatment if he goes back to his home country Thailand to lodge the applicant as he is Muslim.
2. He is scared that he will not be reunited with this wife is he goes back.
3. His long separation could have adverse effects on his relationship with his
in the country and his visa ran out so really he is an outsider in
UNHCR (2010), ‘Asylum Levels and Trends in Industrialized Countries 2009: Statistical Overview of Asylum Applications Lodged in Europe and Selected Non-European Countries’, Geneva, UNHCR.
B. (2010). Immigration and Nationality Law Cases and Materials (4th ed.). Durham, NC: Carolina Academic Press.
The legal and non-legal responses to situations have proven their effectiveness in the case of Australian citizen Alicia Gali’s unfair conviction in another country. The success of the legal and non-legal responses from both the UAE community’s perspective and Gali’s differ greatly due to the differing values and law systems.
Since the time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.
From the month of May 2016, the International Skilled Worker - Occupations In-Demand sub-category has already filled up with the maximum amount of applications for this year (2016). Therefore, the SINP have placed the fresh application intake on hold for this sub-category.
Instead, officers are to analyze applications holistically to simply determine whether there are sufficient H&C considerations to warrant approval. When viewed in context, the officer concluded that Kanthasamy had failed to provide sufficient evidence to support his statements that he would be personally discriminated against simply reiterated the wording of his submissions. Further, the officer concluded on Kanthasamy’s best interests as a child were also reasonable. It was highly relevant that Kanthasamy was only one day away from turning 18 when he initially applied for H&C relief. Kanthasamy was a teenager on the verge of adulthood. Lastly, the officer concluded that removal to Sri Lanka would not impair Kanthasamy best interests, because he would be returning to his immediate family rather than being separated from
This issue does not have any resolutions or a solution. You could consider taking the advice of an immigration lawyer but you will be putting yourself under the scrutiny of the INS
Apprendi rule amendment objectives were to shorten the lengthy procedure on enquiry in cases. The extension seeks to give a clear guideline
for answers related to his case, but no one can give him a clear answer as
He bet the winnings on applying for an American Visa and the bet paid off. In America we migrated to Silver Spring, MD. Silver Spring was the city where I spent the majority of my childhood from 4 to 13. Now I was not living in revamped downtown Silver Spring, I lived on the outskirts of the city. The part of the city where the apartment complex down the street was a regular convention spot for gang members of MS-13. Where we were only allowed to play in the backyard and stay outside no later than 6 pm. Silver Spring was an area where even the public elementary school had a scandalous history. Taking all this into account and still being a low income household, I would take this lifestyle over the lifestyle in Pakistan in a
Immigrants prior moving to Australia should study about adapting to a new country so they can be prepared for any barrier that may be present. Another recommendation would be a prior understanding on understanding that frustration during this process is normal. To facilitate this process, immigrants should take all the benefits that the government of Australia offers, speak English as much as they can if is not their first language and learn about other cultures so cultural shock doesn’t affect the immigrant negatively.
National workplace relations tribunal of Australia was set up at 1904 as the Commonwealth Court of Conciliation and Arbitration with the passage of the Commonwealth Conciliation and Arbitration Act.(“History,” n.d.)
GWEBU v Minister of Correctional Services and Others , (1) SACR 191 (GNP 2014 ).
In the absence of a contrary statutory intention, there is a presumption that procedural fairness applies: Kiao v Minister for Immigration & Ethnic Affairs