Graduate Diploma In Migration Law Lml6006 Migration Review Mechanisms Assessment Task 1 Part A

Assessment Task 1 – Instructions

NOTE: Task 1 comprises two parts:

• Part A – Short Answer Question

• Part B – Multiple Choice Questions (to be completed online at the end of the unit).

General 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 10% 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. 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. Students must ensure they keep a copy of their work.

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.

QUESTION

You are a registered migration agent who assists predominately in Student visas.
You are well known in the South American community in New South Wales and are the go-to agent for Student visas, having an in-depth knowledge about job prospects for students being educated in Australia in certain fields and therefore are well versed in genuine student submissions to support your clients visa applications.

Today was a busy day in the office, particularly as there were many decisions from the Department of Home Affairs, some that were unexpected.

The first notification was for your client Samual Walker from Columbia who was refused a Student Class TU (Subclass 500) visa on the basis that he did not meet the genuine student test. Samual is currently in Australia having arrived initially on a Student Class TU (Subclass 500) visa and applied for this Student Class TU (Subclass 500) visa one week after his previous Student visa ceased.

The second notification was for your client Selena Tiago from Argentina whose Student Class TU (Subclass 500) visa was cancelled on the basis that she provided a fake IELTS test. Selena is currently in Argentina planning to leave Buenos Airies for Australia in two days.

The third notification was for your client Romano Tiago, the brother of Selena from Argentina, whose Student Class TU (Subclass 500) visa was cancelled on the basis that the Department of Home Affairs was of the opinion that he also provided a fake IELTS test. Romano arrived in Australia in two days ago.

You assisted Selena and Romano in responding to the Notice of Intention to Cancel their Student Class TU (Subclass 500) visas and are disappointed at the outcome and are nervous to let them know. Particularly as you told Selena and Romano not to worry about this and that you had it sorted.

Regardless, you understand you need to provide each of the clients the notification and advice today. When you receive an adverse decision, you always call the clients before you send them the advice.

For each of your clients, before your contact them, you decide to undertake the following research to ensure you are prepared for their questions.

1. What is the legislative basis for each of the decisions? Explain.

2. Is each decision reviewable?

3. If the decision is reviewable, what are the time limits for review?

4. Each client’s visa status as of tomorrow’s date and advice for the next steps they may take in their matter.

You must refer to the specific legislative provisions when answering the above questions.

(Total - 10 marks)
(Maximum Word Limit: 1100 words)