Graduate Diploma in Migration Law Assessment Task 1 – Semester 1, 2021
LML6002 – AUSTRALIAN MIGRATION LAW
Instructions:
1. Students must answer all questions as indicated. Make certain all answers are clearly labelled.
2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease.
3. This assignment comprises 20% of the assessment in this unit.
4. Students should note that English expression; grammar and spelling are taken into account in assessment of their answers.
5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date for your class group. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt.
6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer. If a task is received that exceeds the word limit it may be returned to the student.
7. All answers should be supported by reference to the relevant legislative provisions of the Migration Act 1958 and Migration Regulations 1994.
8. A student, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.
9. REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list.
Assessment Criteria
1. Accurate answers to the questions demonstrating knowledge of statutory provisions and applying problem solving skills.
2. Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.
3. Arguments and information are clearly and logically presented.
SCENARIO
You are a newly registered migration agent. Two weeks after you opened your new migration agency, you received a call from Stuart, a colleague whom you studied with while doing the Graduate Diploma in Migration law. You worked a lot with Stuart in the breakout rooms via Zoom and formed a good working relationship in class. Stuart called you to tell you that his friend, Parker, is currently in immigration detention but as he is not registered yet, he cannot assist him and would like you to handle the matter.
You are a bit nervous to take on the matter as you have not dealt with someone in immigration detention before and tell Stuart it may be better to refer the matter to someone else. However, Stuart insists you take on the matter as he recalls how well you understood this type of stuff in class. You then decide to take on this new client.
Parker calls you that afternoon from immigration detention. In anticipation of his call, you had prepared yourself for the worst but surprisingly found Parker to be very calm and accepting of the situation. You ask him for some details and he tells you that he arrived in Australia 16 months ago on a Work and Holiday (Subclass 462) visa. The conditions on his visa are 8547 and 8548. You ask him when his visa expired, and he tells you he thinks it was about 4 months ago but says he does not really take note of these things.
Parker advises you that once the Covid-19 pandemic hit, he did not want to return home. He knew that it would be difficult to find a job if he returned home, so he wanted to remain in Australia and continue to work and earn some money. Desperate for money, Parker applied for and was subsequently offered a full-time job as a kitchen hand at a restaurant. As fate would have it, when driving to work in a rush yesterday, he was stopped by the police. Upon a search of his records, the police determined his immigration status and he was consequently placed in immigration detention.
Parker also tells you that he has applied for a Protection (Subclass 866) visa, as that is what his friends told him to do to buy time in Australia once the Covid-19 pandemic hit. He tells you that he does not know what the outcome was of that application, as he no longer has access to the email address he put on the application form. He also tells you that his friend who lodged the application for him on his immi account, no longer has access to his account.
Parker tells you that he wants to get his life back on track. To do his, he wants to continue his studies with a Master of Accounting in Australia. He is not concerned whether it is through a Student (Subclass 500) visa or if he can apply for another Protection (Subclass 866) visa, regardless of the status of his original application. You ask him what his grounds are for seeking protection and he advises you that it is what everyone is doing so they do not have to leave Australia and he is happy to be guided by you as to what you think he should say.
You ask him about any previous visits to Australia and he tells you that about five years ago he travelled to Australia. In that instance, his Visitor (Subclass 600) visa was cancelled because he breached his visa conditions, as he had worked during his visit to Australia. Parker thinks he just has bad luck and is always being caught.
You are about to end the call when Parker asks you whether it would make a difference whether he is married or not. You say that it may, and he tells you that he is married to Suzanne, an Australian citizen, who he met at a Tango dance class. He says that they got legally married the day before the Covid-19 restrictions set in last year and that they had a small intimate ceremony. You feel a bit embarrassed you did not ask this question yourself.
He asks you the following questions and informs you that he will call you back in one hour for your advice, to which you agree.
QUESTIONS
1. Explain, in plain English, the visa conditions attached to his Work and Holiday (Subclass 462) visa? How do you determine which conditions can be imposed on a particular visa?
2. Can Parker make a valid visa application for a Protection Class XA (Subclass 866) visa whilst he is in Immigration Detention? Explain.
3. In the event that Parker decides to enrol in a Master of Accounting at Victoria University in Melbourne, is he able to make a valid application for a Student Temporary Class TU (Subclass 500) visa? Explain.
Your answers should be supported by reference to the relevant legislative provisions of the Migration Act 1958 and Migration Regulations 1994 including relevant policy.
(20 Marks)
(Maximum Word Limit: 1100 words)
(20 marks) (Maximum Word Limit: 1000 words)