7131LAW Foundations of Australian Migration Law and Practice

Details: Assessment 2 Problem Solving Task

Description:

This assessment tests your knowledge and understanding of some of the content you have learnt in Modules 1 – 3, including visa conditions, communicating with theDepartment, and the requirements for making a valid visa application.  The assessment is in the form of a typical problem-solving task that you will see more of in this course and other courses in this program.

You are presented with a scenario (or scenarios) in which a person has a legal issue or a variety of legal issues. Your task is to answer the questions with the information that you are given in the scenario by:

• Identifying what those issues are;
• Identifying the law that is relevant to those issues;
• Applying the law in order to resolve the issues; and
• Including references to the relevant legislation in your answer.

 You can use the legal reasoning method (MIRAT) provided as a video, ‘MIRAT method of Legal Problem-solving’, under the heading ‘Resources’, below.

Task:

• Read the scenarios below carefully

Create a word document to add your answers to.

Save the document with your name

• Answer the questions posed under each scenario. (Max 1000 words)

Submit your document to the submission point below by the due date

Scenario 1

Carolina, a citizen of Chile, arrived in Australia last week as the holder of a Work and Holiday (Temporary) (Class US) visa, subclass 462. She contacts your office to ask advice about what conditions, if any, are placed on her visa and what they mean.

You check Carolina’s visa on VEVO and find that her visa has the following conditions on it: 8547, 8548 and 8501.

Question (5 marks, 250 words)

1. Which, if any, of these three conditions, are discretionary on the subclass 462 visa? Explain how you know and support your answer by reference to the relevant legislative provision.
2. Using your own words and in plain English, explains the meaning and effect of the three conditions on Carolina’s visa.

Scenario 2

You are a newly registered migration agent employed in a migration agents’ office. At the end of each day, you meet with your supervisor to discuss your cases. Today you are relieved to be able to talk over with your supervisor a new client who you met within an interview this morning.

Roberto is a citizen of Argentina and is the holder of a subclass 500 student visa. His visa is due to expire in 2 weeks.

Roberto recently completed his Bachelor of Economics degree with Honours. He planned to proceed to study a Masters degree and so three months ago he applied for a new student visa (Class TU) subclass 500. He was surprised that it was taking so long to grant him his visa. Then yesterday he received a letter from the Department notifying him that his application for the student visa (Class TU) had been refused. Roberto was shocked as he had only just received the letter. You read the letter and noticed that the letter of refusal from the Department was actually dated 6 weeks earlier.

Roberto explained that while he was studying, his landlord decided to sell the flat Roberto was renting so he had to move out. Roberto says he thinks he rang the Department of Immigration to inform them of his change of address, but can’t remember who he spoke to. He may have even left a message on a case officer’s phone. It wasn’t until just yesterday that his former landlord forwarded him the letter from the Department of Immigration notifying him that his application for a Student (Temporary) (Class TU) subclass 500 visa had been refused.

Question (5 marks, 250 words)

What advice you would give Roberto in relation to the way he should communicate with the Department in the future? Support your answer by reference to the relevant legislative provisions.

Scenario 3 (Roberto continued…)

Roberto explained to you that although he is surprised that his application was refused, he is actually not unhappy because he is now thinking that he would like a break from studying for a while.  He worked very hard over the past four years to achieve his qualification and has decided that he would like to spend three months travelling around Australia before he returns home to look for a job. He’s seeking advice about making an application for a Visitor (Class FA) visa.

Question (10 marks, 500 words)

1. What are the requirements for making a valid application for a Visitor (Class FA) visa in the tourist stream?
2. Is there a legislative constraint on Roberto making a valid application for a Visitor (Class FA) visa?

Explain your answers by reference to relevant legislative provisions.

Resources:

• Use LEGENDcom Click for more options to research the relevant legislation and policy
• In order to include correct references to legislation and policy, use the Referencing Tool (Murdoch)

MIRAT method of Legal Problem-solving

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