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Migration Law: The Migration Act

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Migration Law: The Migration Act Question: Discuss the Migration Law for The Migration Act.   Answer: Issue: The issue is whether Kye will be prevented from making the valid application under subclass 186? Legislation Applicable: Kye can still make an application under subclass 186 for a substantive visa for this he would have to obtain a bridging visa this BVA would help him continue staying in the country while he can apply for visa subclass 186. He will have to obtain the Type E Australian Visa (BV) under subclass 050-051 because his visa has expired and this BDV will help him continue staying while he can sort his matter of immigration.[1] However, he will not be able to apply for the visa under 186 since it requires the individual to hold a substantive visa or a bridging visa A, B or C and since he has become a non-citizen and can apply for only BVE he will not be able to apply for the visa under 186.[2] Solution 2 Kyle would be able to apply for a protection visa under subclass 866 as he has protection claims in this situation and has arrived in a lawful manner. He is eligible since he fulfills the conditions provided under this subclass being that (i) he entered Australia under a visa that is valid and (ii) he is not barred from lodging the visa application for protection. Further, he has also to prove under this condition that he is claiming as a refugee protection from Australia or under the complementary protection scheme of Australia.[3] Further section 36(2) of the Migrations Act protection visa can be granted to Australia’s non-citizen where the Minister concludes that the protection is an obligation of the country under the Refugees Convention as amended by the Refugees Protocol’. This visa will allow Kyle to stay in Australia permanently.   Reference Bridging Visas (2016) The Migration Act (1958) Protection Visa (Subclass 866) (2016) [1] Bridging Visas (2016) . [2] The Migration Act (1958) [3] Protection Visa (Subclass 866) (2016) .

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