Example of SUBCLASS 573  Visa  Essay

Here is an example of SUBCLASS 573  Visa  Essay:

Lei Wu

December 3, 2015

Linh Dong

 

Dear Madam,

RE: My Opinion on Your Case

Following our interview, I have analyzed your case and found a number of merits and demerits. This letter highlights the facts of your case and proposes the best course of action to take.

First, it is important to make you understand the reason why your visa has been cancelled. When you went to apply for student Class TU Subclass 573 visa, there were conditions that were imposed on you and you have violated these conditions. One of the conditions for student Class TU Subclass 573 visa was that you have to continue working towards attainment of your university degree progressively. The reason why condition 8516 was imposed on your cancellation letter was because you have deviated from this condition as outlined in Migration Regulations 1994 as outlined schedule 8[1]. You changed from your university course to a cooking school. A cooking school will not confer you a bachelor’s degree and student Class TU Subclass 573 visa is issued only for courses that will lead to award of a bachelor’s degree. This was the primary reason why your visa was canceled based on in s.137J of the Migration Act 1958 (cth) which provides ground for cancellation of a student’s visa for non-compliance[2].

Second, you are in danger of being deported out of the country unless immediate actions are taken to get an extension of your stay here. You should understand that now that your student Class TU Subclass 573 visa has been cancelled, you are officially an alien to this country. According to s.14 of the Migration Act of 19589 (cth), it means you are officially unlawfully staying in this country. This is because s.82 of the same act says the visa, which actually allows you to stay in the country legally, cease to be in effect once it has been cancelled.   Therefore, it means the government has the power to detain and deport you in exercise of the powers conferred by s.189 of the Migration Act of 19589 (cth).  This means that it is important to consider the immediate action that should be taken to safeguard you from detention which will lead to deportation. Let us now explore the options that are available.

There are different course of action that you can take to continue staying in Australia. One of the conditions that could have been possible for you was lodging a review through Administrative Appeals Tribunal (AAT). However, this is not possible because your letter was issued on 13th August, which technically makes it impossible for such a review. Therefore, the reaming options would be to seek a new visa that would enable you to stay longer in Australia.

You need to understand that there is limited number of visas that you can apply.  S. 48, Regulation 2.12 of the Migration Act 1958 (cth) outlines the number of visas one can apply once he or she has been denied a visa or a visa has been cancelled. The following are the visas you can apply for[3].

For the start, it is important to find a way to help you stay longer in Australia as the situation is sorted out. This means you need a bridging Visa. We can apply for Bridging (General) visa (subclass 050) will allow you to stay in Australia as unlawful as you look for the way forward.  This will give you time to plan for the next step or wait for other visas that we will apply to be granted. This visa will protect you from being detained and removed from Australia. There are no application charges that are required for this visa. This is what you should first seek to acquire.

Once you acquire the bridging visa, there are three or four other types of visas that you can apply for that will help you stay in Australia to complete your education. The first one is Partner Visa (Subclasses 820 and 801).  This will provide a route to permanent residence in Australia and can also help you acquire other visas like Subclass 837 Orphan Relative Visa since you will fulfill 837.213 (b). However, there are conditions for this Visa that I feel you might not meet because you need to have a partner and prove that you had a continuing relationship for the time required. In addition, you have not attained the age of 18 which is mandatory for this visa. This one is not possible.

You can also apply for Protection Visa as allowed in s.35A of the Migration Act 1958. Under this class, the types of visas you can apply include Permanent Protection Visa (Class XA, subclass 866), Safe Haven Enterprise visa (Class XE, subclass 790) or Temporary Protection Visa (Class XD, subclass 785) and you are eligible for all.[4] However, this type of visa is difficult to acquire because you must prove there is a real danger you need to be protected from. You can use your vulnerability as an orphan to acquire any of these visas so long as we can prove that there is danger.

The best visas that you need to consider in this case are Child (Residence) subclass (802) and Subclass 837 Orphan Relative Visa[5]. You meet all the conditions for Child (Residence) subclass (802) because you have relatives here who can provide financial support and you are still considered a child a 17 years.   Also, you can get Subclass 837 Orphan Relative Visa as all requirements are met for 837.311(a), in addition to applying for Child (Residence) Visa. You will also satisfy 837.211 because you are subject to section 48 as your visa is cancelled and 837.213 as you uncle and aunt are permanent residents[6].  This is the best bet for you.

I hope you have considered the above advice and we move forward. Thank you very much.

 

Yours Faithfully

Bibliography

Laws and Statues

Migration Act 1958 (cth)

Migration Regulations 1994

 

[1] Migration Regulations 1994

[2] Migration Act 1958 (cth)

[3] Migration Act 1958 (cth)

 

[4] Ibid

[5] Ibid

[6] Ibid