Political

Australian Migration Law Irina Boldova

There are three options from which Irina may choose to achieve her purpose which is to seek a permanent residency status in Australia. These are the following: apply for a territorial asylum status under Subclass 800. apply for a protection visa (subclass 800), and. apply for a Distinguished Talent Visa (Migrant or Resident which are Class BX),A territorial asylum visa is one of the types of political asylum visa. It is indicated as Class BE under Schedule 1, Section 1131 of the Migration Regulations 1994. This visa is a two-stage process. First, Irena must write to the Minister of Foreign Affairs of her intention to seek political asylum. If the Minister grants her one, she must then proceed with the formal procedure under Section 1131 of the said Act. This is because under Section 3, subsection (aa) of the said law, she must, at the time of the application, attach documentation which evidences thegrant by a Minister to the applicant of territorial asylum in Australia, and was issued by or on behalf of the Commonwealth. The other pertinent requirement under the said provision is for the applicant to be actually in Australia.In a recent case involving a Chinese diplomat, Chen Yonglin who sought the Minister’s approval for political asylum in Australia, the Australian Senate Foreign Affairs, Defence, and Trade Committee conducted a hearing into the case in connection with the inquiry on asylum and protection visas. It was established during the said inquiry that the government through the Minister, in considering political asylum applications, is guided by the following criteria: national interest, legal obligations, humanitarian considerations, and public opinion. It was also learned during the said inquiry that three government agencies are actually involved in deciding political asylum cases: ASIO which will determine the security risk status of the applicant. the immigration agency will determine the suitability as immigrant of the applicant, and. external affairs, the humanitarian aspect of the application (Mr. Chen Yonglin’s Request for Political Asylum 2005).

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