Law for Migration Agent and Lawyer - myassignmenthelp.com

Question: Discuss about theLaw for Migration Agent and Lawyer. Answer: Court provide historical judgment in case law Singh v Minister for Immigration Anor (2017) FCCA 1901 (14 August 2017). In this case Court stated the need of evaluation and review of the decision of tribunal in relation to student visa. The important question in this case for all three applicant, migration agent, and migration lawyer was that whether any option of rescue was available to the applicant in his situation, and whether any option was available to receive the decision of AAT for the purpose of overturning the decision of tribunal related to refusal of student visa and compel the tribunal to reconsider their decision made in particular case. In this case, court define the steps through which applicant can rescue his position in the case, and it also provide the important lesson under which court stated that student must not be sent back after visa refusal on immediate basis, but decision of the visa refusal must be examined and reviewed with due care or the purpose of confirming that tribunal does not omit the evidences while taking the decision. It is also necessary to evaluate the decision of tribunal to check whether decision taken by tribunal included any jurisdictional error or not. It must be noted that, this case is considered as example of determining the jurisdictional error. Applicant files application in this case with the department of migration with the document which was certified by the doctor for the purpose of confirming that applicant is suffering from depression. It must be noted that applicant also submit written statement, and this statement contain the reasons of education course changed by student. As per this statement, applicant seek to work as professional cook, and he belongs to the city in India where number of restaurants are available which provides the opportunity to work as cook in future. In this case, tribunal commits the jurisdictional error when it does not determine relevant matters which were necessary to determine for deciding the case. Obligation was imposed to determine these relevant matters by section 499 of the Migration Act 1958 and direction no. 53 issued by minister. Ministerial Direction no. 53 state the consideration which must be adopted by the tribunal while deciding any case (Migration Act, 1958). Applicant also stated that tribunal does not consider the evidences present by student before the tribunal related to the actual diagnosed of depression and written statement which contain the reasons of study course changed by student, and this failure of tribunal also result in jurisdictional error. Findings of tribunal related to the considerable gaps occurred in the study of the student was questioned by the applicant. However, student also questioned the omission of actual diagnosis by tribunal while considering the claim of depression. Applicant stated that tribunal fails to consider the diagnosis which was certified by the doctor which results in rejection of claim related to depression. This claim was presented as the reason of gap occurred between the time of stay of applicant in Australia and education achievements achieved by applicant. Error committed by tribunal in case of oral evidences presented by the applicant was also questioned by the applicant. These evidences were provided by the applicant in relation to enrolling in the course of Diploma of hospitality. Tribunal while deciding this case does not included the points stated in written statement provided by student. Judge Harnett stated in this case, tribunal fails to consider the certified document of the doctor while dealing with the claim of depression because tribunal does not provide any reference in its judgment while discussing about claim related to depression. Court also clarify that decision made by the tribunal does not provide any reference related to the evidences presented by the applicant, which means certified document by doctor and written statement was not even considered by the tribunal while giving its judgment in the case. These evidences were important because it provide important information such as certified document present actual diagnosed and written statement provide the reasons of study course changed by applicant from hospitality to cook. Therefore, judge stated that tribunal made jurisdictional error while deciding this case, and this jurisdictional error must be removed by evaluating and reviewing the decision of the tribunal. After considering the above facts, it is clear that decision made by tribunal must be reviewed and evaluated by the Court for the purpose of determining whether decision taken by tribunal is affected from jurisdictional error (Federal Court of Australia, 2017). References: Federal Court of Australia, (2017). Singh v Minister for Immigration Anor (2017) FCCA 1901. Migration Act 1958- section 44. Ministerial direction no. 53- DIBP. Singh v Minister for Immigration Anor (2017) FCCA 1901 (14 August 2017).