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Write an email to Olivia outlining: (a) the criteria Raphael has to meet to make a valid application for an Employer Nomination (Permanent) (Class EN) Subclass 186 visa while he remains in Australia; and
(b) whether Olivia can be included in the application.
You are not required to address whether Raphael or Olivia meets the requirements for the grant of the visa.
You may assume that Raphael is now a client of your firm and he gives you full consent to discuss this matter with Olivia.
QUESTION 2: (850 WORDS, 17 MARKS)
Scenario continues
You receive an unexpected phone call from Raphael wanting to meet with you urgently. During the appointment you gather the following facts.
Olivia is 21 weeks pregnant and has been diagnosed with severe pre-eclampsia. Olivia’s obstetrician has told them the condition is potentially life threatening and if it worsens she will need to be admitted to hospital and stay there until after the baby is born. There is also a strong possibility the baby will need to be delivered early. To mitigate this risk, Olivia has been instructed by her obstetrician to limit her physical activity as much as possible and to get plenty of bedrest.
To monitor her condition, Olivia is visiting her obstetrician twice a week. Raphael drives her to these appointments.
Olivia and Raphael still live in aunt Fiorella’s granny flat and they are very grateful that they have a place to live and a car to borrow. Fiorella is not available to provide Olivia much practical assistance as she has a baby and two young children of her own to look after and she also works part-time in the family business.
Olivia is completely dependent on Raphael for her daily needs. To ensure they comply with the instructions from Olivia’s obstetrician, Raphael attends to all the household duties including doing the shopping, cleaning the house, laundry and cooking for them both. Raphael even assists Olivia to dress and bath so she doesn’t over exert herself. Olivia is mostly either resting in bed or on the couch watching TV. Her only outings are the twice weekly visits to the obstetrician.
To add to their problems, Olivia has been diagnosed with mild ‘reactive depression’ due to her illness. Olivia cries a lot and is very dependent on Raphael for emotional support.
As Raphael’s current visitor visa is due to expire in three weeks, he has decided to apply for another visitor visa.
Write a submission to the Department of Immigration and Border Protection (DIBP) seeking a waiver of condition 8503 imposed on Raphael’s visitor visa. Ensure you address:
• the criteria concerning a waiver;
• any arguments that support why the visa condition should be waived; and
• documents attached with your submission that support your argument. (IMPORTANT: you should list the supporting documents and, if necessary, describe their content.)
You are not required to address any visa issues beyond the waiver request, including the visitor visa that Raphael will apply for if the waiver is successful
