Applied Migration Law Migration Agent

Question: Describe about the Applied Migration Law for Migration Agent. Answer: I my childhood days when the world was by and large appearing to be quite rosy I often wondered why could Australia not arrange to have cricket greats like Sachin Tendulkar or Brian Lara or may be the great players of South Africa and Sri Lanka to play for this country. Slowly it dawned on me that in order to play for Australia one had to be staying in Australia. As days passed the idea of moving into Australia started fascinating me. In those days I never imagined that on growing up I will have this immigration which was nothing short of a hangover as my source of livelihood. The subject fascinated me immensely and with the gathering of knowledge, experience and expertise I often felt that I could enrich Australia by bringing in talents from all across the globe into this country. When I got enrolled into this course the first thing that crossed my mind is that whether I was cut out for this job of a Migration Agent which involves a considerable amount of interpretation of the relevant laws and rules. The picture of a migration expert that I carried was of an individual who knew the entire rule by heart and could easily refer to any rule immediately on demand. All through my formative years I remained fascinated with swimming, cricket and of course hockey. Every rule of these sports was flowing in my blood and any case of misjudgment by the umpires was questioned by me with full confidence. The rules were assimilated by me in the course of participating in these sports. Often, in the beginning of the course that I am undergoing, I kept consoling myself that the best way to learn the rules was to experience them oneself. The rules and regulations of cricket and hockey got assimilated by me only through experiencing them. The learning process in any aspect of life remained incomplete so long the individual does not undergo the grind. Still the cricketer in me kept asking difficult questions like if a delivered ball, moving to the stumps, gets stopped by the pads on your legs then you are declared out but if the same ball hits your gloves and is prevented from hitting the stumps you are safe. Again if the ball (this time an outgoing delivery) hits the pad and is caught in the slips you are safe but the same delivery being caught at the slips after touching your gloves, makes you go back to the pavilion. I kept debating with myself then what does one have to really know for becoming a migration agent. The words of my cricket coach, which he was never tired of repeating, kept ringing in my ears Practice makes Perfect. This is one of the basic things that my tenure in this course has taught me. Every rule and every regulation need not be committed to memory like the chemical formulae we were required to learn in Chemistry class. The formulae got assimilated with repeated writing and practicing. The most dreaded portion was the laws with respect to the seekers of immigration but who did not add value to the Australian life. Sunil Gavaskar of India could have set a higher standard of batting and the legendary Lance Gibbs of West Indies could have been bench marker in the area of intelligent bowling but am ordinary cricketer seeking migration to Australia was a very dicey question. It was clear right from the beginning of the course that the Australian government liked to have talents who could enrich the life and society in Australia. This was a very difficult area for me in the beginning. Midway through the course it also dawned on me that in this profession a very important aspect was visibility. A successful migration agent needed to be visible to the world and therefore here was an area of concern for me. Without having the Proper and desirable connections the entry into this field, just on some childhood fancy, may prove to be a little unwise decision. Knowing your subject is one thing while others being aware of your capabilities is a completely another matter. Thus the ready solution was to assist and work with some established migration agency and remain with them till you are known to deliver the results. I have now learnt that undergoing this course is just the beginning of the profession. This course just gives me the competency to assist some high performing migration agent or agency. If I start looking which is to say that if I start worrying about the future then I will never be a success in my profession. One has to start in a small way and slowly but steadily I will be required to undergo the grind for making it a successful profession. Rules and regulations may be difficult and their interpretations are often more confusing than convincing, yet the need of the profession is to keep at it without any suspicion or doubt. The cricket coachs words come back to my mind once again. Reading books on cricket or cramming up the rules of cricket will only make you the worst cricketer of the world. Go out and face the bumpers and top spins, cut down the certain boundaries into ones or twos then you will learn the game. Perhaps the same rule is applicable in the profession that I have chosen. Reading the rules and statutes will make me the worst migration agent in history. The need of the hour is to get a feel and exposure of the profession. The first few deliveries will have to be faced with utmost caution and with full concentration and attention. There is no provision of playing the cross bat. The emphasis will be to settle down in the innings and the matter of keeping the score board running will have to wait till one is comfortable with the field. Strange, how cricket has taught me the art of fighting it out in the professional life also. In the event of any application for overseas 457 visa getting refused there is provision of seeking a reconsideration and review. Such reviews of refusal to grant 457 visas can be sought under section 338(9) of the relevant statute. The Migration and Refugee Division of the AAT has the jurisdiction to review such refusals of application of 457 visas. However, such appeals must be made within 21 days from the date of the receipt of the decision notification. Reg 4.10(1) (d). Such appeals can be made by the sponsors or the nominator. Reg. 4.02(5) (k). Incidentally there are no special circumstances affecting any of the above.