Graduate Diploma in Migration Law LML6002 – Australian Migration Law Assessment Task 2

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. The assignment comprises 35% of the assessment in the 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.

7. All answers should be supported by reference to the relevant legislative provisions.

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, case law 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.

Luke Thuy, a citizen of Vietnam, comes to see you with his partner, Emily Tu, who is an Australian citizen. They have been living together for the last two years. Emily is very excited and informs you that she recently gave birth to a baby boy, Kevin. Unfortunately, Kevin was born prematurely and has had trouble with his breathing due to his premature birth.

Luke informs you that he has been unlawful in Australia for the last three years. He hands you a copy of his Visitor Class FA subclass 600 visa and you note the following conditions: 8101, 8201 and 8503. His visa was granted for 3 months.

Luke informs you that he has to remain in Australia to look after Kevin. He further informs you that he is the breadwinner in the family. He has been working as a cook in a Vietnamese restaurant in Springvale.

Question

(a) Is Luke able to make a valid visa application for a Student Class TU subclass 500 visa or a Partner Class UK/BS subclass 820/801 visa? Explain.

(b) You are required to prepare a submission to the Minister for Immigration addressing the relevant regulatory requirements in the event there are restrictions on Luke’s ability to make a valid application for a Partner Class UK/BS subclass 820/801 visa.

(c) Did Luke breach any of his visa conditions? Explain. What would you advise him to do in the circumstances?

Your answers should be supported by reference to the relevant legislative provisions.

Assessment Weighting: 35 marks
Maximum Word Limit: 2000 words