Australian Immigration Law
The case of Chen v Minister for Immigration and Border Protection (2013) 216 FCR 241 presents a valuable example of a real-life situation that highlights the significance of understanding and interpreting the law that applies to Australian Migration practice. The case was about whether a valid visa application has been made by the appellant in accordance with Regulations 2.10 of the Migration Regulations 1994 (Cth) (the Regulations) which required applications for particular visa be made at an “office of immigration” in Australia.
LEGAL ISSUES RAISED BY THE CASE:
• The Minister did not consider Chen’s visa application for Class DF subclass 892 as valid because the application reached the Department’s Processing Centre one day after her existing
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Part 2 (particularly Divisions 2.1 and 2.2) and Schedule 1 of the Regulations are parts of the legislations that outlines the criteria that the applicant must satisfy in applying for a valid visa. Regulation 2.10 (2A) states that if an application for a visa was made in Australia, the application must be made: reg 2.10(2A)(b) at an office of immigration in Australia. Chen argued that the Department used the GPO Box address in their information booklet and Department’s website as the nominated address in lodging a visa, thus it should be a part of the Immigration …show more content…
The terminologies used in court and the subject about reading case law particularly understanding statutory interpretation and court decisions which we discussed in Module 3, helped me learned what the case scenario was all about.
Furthermore, in Module 4’s Discussion Forum we talked about the difference about visa validity and visa eligibility. The instructor clearly explained to us the importance of lodging a valid visa application, the legislative requirements that the applicant needs to satisfy, and the implications of not meeting these requirements. LEGENDcom is a very useful tool in searching for applicable laws and policies related to our subject and visa case studies, the video tutorial about using LEGENDcom was a big help in understanding its
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