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Graduate Diploma in Australian Migration Law
LML6002 – AUSTRALIAN MIGRATION LAW
Assessment Task 2 – Semester 1, 2018
You are a newly registered migration agent operating from your home office in Kew, Victoria. The Migration Agents Code of Conduct is prominently displayed in your home office. However, as you have limited space, your client files are in full view of anyone who visits your office.
Charles Newman and Roland Tran come to your office. Charles notices that you are acting for John Mason who is a good friend of his and asks you about John’s matter. You inform Charles that subject to receiving John’s character clearances he should obtain his visa. Charles is very happy to hear this.
Charles informs you that whilst working in Cairns on a fruit farm, he fell in love with Heather Smith, a citizen of Australia. He is interested in applying for a Partner Visa. He currently holds a subclass 417 Working Holiday visa and has tried to do some research of the legislation himself as well as examining DIBP’s website. Not surprisingly, as the legislation is extremely complicated, he is more confused now than when he started.
Charles thinks he is eligible for either a subclass 309 or 820 visa. However, when he looked up the criteria for these visas in Schedules 1 and 2 of the Migration Regulations 1994 he became completely confused and now asks for your advice.
Roland Tran is a citizen of Vietnam and has fallen in love with Jeanette Queen, an Australian citizen. Roland is on a Visitor Visa Class FA subclass 600 with conditions 8101, 8201, 8501, 8503 and 8558 attached to the visa. Roland informs you that he previously lodged an application for a Partner visa for himself and Jeanette, based on advice from a law student studying in Cairns. However, DIBP determined that the application was invalid. He now asks for your advice as to why his application was determined to be invalid as he is in a genuine committed relationship with an Australian citizen.
1. Prepare a concise letter of advice to Charles covering the following issues:
a. What is the main difference between the two visa classes in relation to validity?
b. What is generally required to make a valid application for a visa?
c. What is the consequence of not making a valid application?
2. Explain to Roland, in plain English, why his application was determined to be invalid and what Roland must do in order to make a valid visa application for a Partner visa?
3. As a registered migration agent:
a. What breaches, if any, would you have committed under the Migration Agents Regulations 1994, based on the above scenario?
b. If you lodged an application that was invalid, what breaches, if any, would you have committed under the Migration Agents Regulations 1994, based on the above scenario?
(16 + 7 + 12 = 35 marks)
(Maximum Word Limit: 1750 words)