Australian Immigration Laws

I am a registered migration agent in Australia who is writing you this application to waiver the condition 8503 attached on my client’s visitor’s visa. The name of the client is Sukhon Chaiprasit who is a 25 years old female Thailand citizen and holds a visitor visa Class FA, subclass 600 (tourist stream) with condition 8503 attached to it. Her visitor visa is about to expire in a couple of days, thus, my client Sukhon Chaiprasit wishes to get the condition 8503 waived on her visitor’s visa for applying for a fresh substantive visa in Australia. Condition 8503 is imposed on various temporary Australia visa and is referred as a â€Å"No further stay† condition. If condition 8503 is attached to an one’s visa, it will means that the said visa holder except for a few exceptions, is not allowed to apply for any other visa in order to extend his stay in any manner till he is present in Australia. The only visa in such cases which is legally permitted to be applied for is the protection visa. Any visa holder with condition 8503 is allowed to apply for a protection visa. The primary reason for introducing the said condition was to ensure the Department of Immigration and Citizenship (DIAC)  that visa holders with the said condition will leave the Australian territory before the expiry of their visa. The said assurance also allowed the Department of Immigration and Citizenship (DIAC)  to sanction more visas as the fear of individuals present in Australia without visa permit was minimized. Thus, condition 8503 on any visa restricts the visa holding on whose visa the condition is applies to apply for any other substantive visa except protection visa while his stay in Australia. The visa holder whose visa has the said condition attached has to leave the Australian land before the expiry of his visa and staying for even a single day extra after expiry of the visa date is illegal and can cause detention of the visa holder to depart him from Australia. In case, the visa holder whose visa has condition 8503 attached to it has to leave the Australian land and go back to his country to apply for a fresh temporary or permanent visa to return to Australia again for a longer period. Thus, condition 8503 restricts a visa holder from applying for any substantive visa while his stay in Australia, however under subsection 41 (2) (a) of the Migration Act 1958 and Regulation 2.05 (4) of the Migration Regulation 1994 he said condition can be waived by the Ministry of Immigration in Australia. To be eligible for the said waiver, the visa holder has to comply with certain requirements mentioned under the above mentioned legislations. The Regulation 2.05 (4) of the Migration Regulation 1994 states the first requirement for waiver of condition 8503 attached to Australian visa. It states that for waiving condition 8503, the visa holder is required to satisfy the Ministry of Immigration in Australia that some circumstances has changed since the visa was applied for and granted which are beyond the control of the visa holder. Moreover, the visa holder having condition 8503 attached to his visa also has to show that the Ministry has not denied any prior application of waiver. The sub section 41 (2) (a) of the Migration Act 1958 gives the circumstances in which Ministry will accept the waiver application and grant the waiver. Thus, the said section states that the visa holder in order to waiver condition 8503 attached to his visa has to prove that from the time the visa was granted to him, circumstances have drastically changed with compelling reasons which are beyond the control of the visa holder which have resulted i n changed present situation of the visa holder. My client Sukhon Chaiprasit has eligibly complied with subsection 41 (2) (a) of the Migration Act 1958 and Regulation 2.05 (4) of the Migration Regulation 1994 and meets the conditions which are required to grant her waiver of condition 8503 attached to her visitor’s visa. The lists of compelling reasons in the said case are as follows:- The above reasons are beyond the control and were not anticipated by my client while applying for the visitor’s visa. My client was totally unaware that such mishap would occur while her stay in Melbourne which will prevent her from travelling back to Thailand. Therefore, as a migration agent, I believe my client has met all the requirements necessary to be granted a waiver of condition 8503 on her visitor’s visa which can make her apply for a fresh Class UB Medical Treatment visa under subclass 602 without leaving the Australian land. I request you to consider the health of my client subsequent to the attack she faced in Melbourne and grant her waiver of condition 8503 as she has legally complied with ll the conditioned required by the statutory laws stated in 41 (2) (a) of the Migration Act 1958 and Regulation 2.05 (4) of the Migration Regulation 1994. The compelling reason in the said case being the attacked she faced which was totally unexpected which made it impossible for her to travel back, thus, the compelling reason also stands beyond the control of my client. Making my client travel back just to comply with condition 8503 and going against the doctor’s report which suggests her to avoid travelling for 6 months can be injurious to the physical and mental health of my client. Thus, in order to apply for the Class UB Medical Treatment visa under subclass 602 on grounds of her ill health which is backed by doctor’s report, it is important to waiver condition 8503 attached on his client’s visitor’s visa. Therefore, I request the Ministry to use its discretion granted to it by the Statute under section 41 of the Migration Act 1958 to accept the said written application of waiver of condition 8503 on Sukhon Chaiprasit’s visitor’s visa and grant her the said waiver in order to make her apply for Class UB Medical Treatment visa under subclass 602. The said letter stated that all the requirements to qualify for a waiver of condition 8503 are met by my client. My client has not sent any other waiver application which was previously rejected. Thus, a grant of waiver of condition 8503 will be appreciated. The doctor’s report and recommendations are attached to the application letter. Registered Migration Officer in Australia In the said case, Sukhon Chaiprasit visited another migration agent who applied for a fresh visitor’s visa, the said application was invalid. Sukhon’s visitor visa had condition 8503 attached to it. Therefore, according to Regulation 2.05 of the Migration Regulation 1994, the first step to apply for any fresh substantive visa would be to write an application to the Ministry request o waive condition 8503 attached to visitor’s visa. Section 46 of the Migration Act 1958 states that every visa application stands invalid if the same is made when the applicant is present in the migration zone and after he arrived in Australia; his visa has a condition attached to it which waiver is requested or refused by the Ministry after requesting or the same. Thus, the fresh visitor’s visa application of Sukhon Chaiprasit was invalid as she failed to get condition 8503 attached on her previous visitor’s visa waived. When a visa holder in Australia holds bridging visa, enforcement visa or criminal justice visa, section 48 of the Migration Act 1958 prohibits the said visa holders to apply for any other visa. Thus, Sukhon Chaiprasit as a migrant in Australia was subject to 48 of the Migration Act 1958 because she was capable of presenting in front of the Immigration Ministry a valid case which shows compelling and compassionate reasons which make her eligible for grant of waiver on the condition 8503 attached on her visitor’s visa in order to make her apply for another fresh substantive visa base on the changed circumstances which are beyond her control[9]. Every professional service providers have a Code of Conduct which is to be followed by every individual in the said profession. Thus, the registered migration agents in Australia also have a Code of Conduct which is present in Schedule 2 of the Migration Act 1958. The major breach of code of conduct committed by the former migration officer of Sukhon Chaiprasit was his failure to apply in writing for a waiver of condition 8503 attached on her visitor’s visa before making a fresh application of any substantive visa[10]. This action shows that the former migration agent of Sukhon Chaiprasit had poor knowledge of immigrations laws in Australia and violated section 2.1 of the Code of Conduct for registered migration agent which states that every migration agent should act following the immigration law and with diligence to serve the best interest of his clients. The migration agent also breached section 2.5 of the Code of Conduct which stated that a migration agent in Australia is required to be updated and keep his knowledge clear about the various migration laws in Australia including its amendments. Thus, the former migration officer of Sukhon breached the said section by apply for visitor’s visa where Medical Treatment visa under subclass 602 would be more appropriate after grant of waiver of condition 8503. Moreover, a migration officer is always required to be honest with his client about the possibility of success of their application according to section 2.6 of the Code of Conduct, thus, the former migration agent failed to state Sukhon that her fresh visitor’s visa could be rejected or stands invalid. Thus, failure of the former migration agent of Sukhon Chaiprasit to advice her clearly on the options she has for extending her stay in Australia prior to her attack and injuries, makes the agent violated the said sections of Code of Conduct for migration agents in Australia. Aas, Katja Franko.  The borders of punishment: migration, citizenship, and social exclusion. Oxford University Press, 2013. Code Of Conduct (Regulation 8) Second Schedule Of The Migration Act  (at 1) https://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html Code Of Conduct For Migration Agent In Australia  (at 1) https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/ Devetak, Richard. "In fear of refugees: The politics of border protection in Australia."  The International Journal of Human Rights  8.1 (2014): 101-109. Goot, Murray, and Ian Watson. "Population, immigration and asylum seekers: patterns in Australian public opinion."  Population  2010 (2011): 11. Hollifield, James, Philip Martin, and Pia Orrenius.  Controlling immigration: A global perspective. Stanford University Press, 2014. Joppke, Christian.  Citizenship and immigration. Vol. 2. Polity, 2010. Migration Act 1958 In Australia  (at 1) https://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/ Migration Regulations 1994 In Australia  (at 1) Phillips, Janet, and Harriet Spinks. "Immigration detention in Australia."Parliamentary Library  20 (2013). Waiver Of Condition 8503  (at 1) https://www.border.gov.au/about/corporate/information/fact-sheets/52b-nfc

MUNICIPAL CODE ELEMENTS Essay Example | Topics and Well Written Essays - 750 words

MUNICIPAL CODE ELEMENTS - Essay Example This was appropriate to ensure that the project does not impact on both people either internal or external to the premises, or the environment negatively. To ensure the safety of both environment and the people living around this place, the developers have observed all legal requirements either set by the city council and environmental regulatory authority. This is especially for the directional board meant to help to identify the location of premises, offices and other utilities. Also, the proposed project will utilize the available area economically as a legal requirement. The additional materials like signboard do not contravene the regulations of municipality. They will be strategically placed to prevent them from causing any obstruction to other parties or pose any environmental risk. The planned project will ensure that all the ground area and the atmospheric height occupied by the project is within the limit of the city council. Therefore, the building to be established will n ot exceed the allowed height by the city council. Also, the width of the building, marquees and signboard will be within the required measurement. The signs and posters to be used will be attractive, well aligned and proportional to the size of the structure being built. The buildings will be properly labeled to avoid confusing the users and at the same time avoid obstructing other people. The necessity of the additional directional sign board is control the flow of traffic due to the movement in and out of the automobile display area. Since the regulations allows the utilization of sign not exceeding six inches for the area not exceeding six square meters, this project does not contravene the rules in any way. This is because the ground area they are intending to put under development is covering sixteen square meters. This gives a room for up to a maximum of sixteen inches in thickness of the proposed sign. The evidence support that the city council has granted permission to other developers to use signs with greater width than six inches before. The establishment of marquee is also necessary to give direction to the showroom since the other two marquees belongs to two different utilities. EXISTING CONDITIONS The proposed project does not interference with existing order in any way. This means that it will not lead to demolition of the existing structures. The existing facilities will remain in their current position even after establishment of the proposed one. This is in line with the legal requirements hence ensuring there should be no legal charges against the developer. To ensure that the installation of the new signs marquees does not alter the physical condition the building. Also, the new installations shall be matched with the existing premises by panting them with the same color and using the same material. This will improve avoid tempering with the quality of the building hence they will not become an eyesore to the people. The same construction s kills will be utilized to ensure that nothing contradicts the existing conditions. BACKGROUND ANALYSIS The establishment of the project is in accordance with the prevailing legal requirements about the utilization of the area for development. Signboard shall be within the business and is in proportion to the recommended measurement by the regulatory authority. Therefore, there will be no obstruction to any external or internal party whatsoever. The material used in the

Assess the practical usefulness and the relevance of game theory in Essay - 2

Assess the practical usefulness and the relevance of game theory in light of the demanding assumptions behind the concept of the - Essay Example This theory is also known as the interactive decision theory, as such being in a more descriptive manner of the theory as regards to its discipline of administration (Tieben 2012). Economists are the main users of game theory in the establishment of results and determination of outcomes from specific business ideas. In addition, the game theory is also paramount in other sectors such as in political science, in biology, in logic, as well as, in psychology (Nicholson & Snyder 2012 pg. 345) The original idea and concept covered by game theory in the early days of its inception was the addressing of zero-sum games. In these games, the gains of an individual or a person were exactly the equal net losses of the other participants in the simulation theory. Nonetheless; with the development of the modern society and civilization, the game theory concepts developed further to incorporate and apply a wide range of behavioral (Peters 2008 pg. 109). In fact, game theory developed into an umbrel la term to refer to or explain the logical side of the science decision. This includes the collection of both humans as well as the non-humans involved in the system, such as the computers (McCain 2010 pg. 189) The modern game theory resulted from the idea that regarded the existence of mixed strategy equilibrium, especially in the two-person zero-sum games, as proved by John Newman. The original proof used by Newman in the development of the game theory was the brouwer’s fixed-point theorem that incorporated continuous mapping into compact convex sets that were standardized through the game theory method as well as the usage of mathematical economics (Hirschey 2008 pg. 208). As such, game theory became an important aspect in the determination of measurable tendencies, as well as, constraints that affect the plausibility of decision making, in addition to determining the right amount of efforts to put into a simulation game in order to guarantee flexible results for the compa ny. This also leads to effective production and management of the company especially considering the right amounts of resources necessary to input into the game, and as such gain the maximum output (McCain 2010 pg. 227). The game theory works closely with the Nash equilibrium. This is especially in the sense that the Nash equilibrium comes around as the concept of game theory that allows derivation of optimal outcomes in the game. This considers the case whereby a game involves the lack of incentives in the players of a game, such as an incentive to deviate from the original chosen strategy after considering the choice made by the opponents. As such, an individual playing the game theory can receive little or no incremental benefits from the changing actions. This also assumes the fact that other players remain at a constant position with their strategies. As such, a game may have a multiple numbers of Nash equilibrium or none at all (Hirschey 2008 pg. 245). The Nash equilibrium is a concept that originated from an inventor known as John Nash, who incorporated this theory into a number of disciplines, ranging in a wide range of perspectives, such as the behavioral ecology to economics. The use of the Nash equilibrium is very simple as it entails application of simple procedures by undertaking all the players’