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Graduate Certificate in Australian Migration Law and Practice LML5000

18 / 01 / 2019 MIgration law

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Graduate Certificate in Australian Migration Law and Practice LML 5000 – Subject A: Australian Migration Law Assessment Task 2 –Semester 2, 2016 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. You must include a coversheet with your answers. This is available from the online centre. Save this page on to your computer and insert it as the first page of your assessment. 3. This assignment comprises 35% of the assessment in this unit. 4. Your answers must be typed on one side of the paper, double-spaced and with a wide margin. 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. If a task is received that exceeds the word limit it maybe returned to the student. 7. All answers should be supported by reference to the relevant legislation provisions of the Migration Act and Regulations. 8. A candidate, 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 legislative and regulatory provisions. 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. 4. Demonstrated understanding of principles and values of a registered migration agent. 1 5. The variety of options available is discussed in your answers with an assessment of the risks where relevant. QUESTION 1 SCENARIO Sukhon Chaiprasit, aged 25, is a citizen of Thailand. She arrived in Australia on a visitor visa Class FA, subclass 600 (tourist stream). Sukhon has been studying commerce at the University of Bangkok and in light of her good results in her examinations, her parents bought her an airfare to Australia and all her expenses have been fully covered. She arrived in Australia two (2) months ago and has been visiting various cities in Australia. Sukhon came to see you today and expressed a desire to remain in Australia for a further period as she was attacked one night when returning from a dinner in Melbourne’s CBD. This incident occurred 7 days ago.The doctors at the hospital where she was attended to, have prepared a report strongly recommending that she not travel for a further 6 month period in light of the concussion that she suffered as a result of her attack. She has to visit the hospital every 2 days for a check-up. All the expenses associated with her treatment are being borne by the Crimes Compensation Tribunal. She has also been asked to be a witness in proceedings against her attacker. Sukhon informs you that she befriended one of the male nurses in the hospital. At this stage she tells you that she is interested in establishing a relationship with him but nothing further has developed. You look at Sukhon’s passport and see that her 600 visa, with the conditions 8101, 8201, 8501 and 8503, was granted two (2) months and twenty (20) days ago with a permitted stay period of three (3) month from the date of arrival in Australia. Sukhon tells you she had seen another migration agent and he had lodged anothervisitor visa application for her. DIBP has responded by saying that her visitor visa application is invalid as she had the 8503 condition on her 600 visa. She says she has not gone back to that agent nor has she approached anyone else since then. QUESTION 1. Prepare a submission to the Minister for Immigration and Border Protection seeking a waiver of the 8503 condition so that Sukhon can apply for a Class UB Medical Treatment visa, subclass 602. 2. Why was the further visitor visa application invalid and isSukhon subject to s.48 of the Migration Act (1958)? 3. What potential breaches of the Code of Conduct (if any) would have been committed by her former migration agent? (Total: 25 + 5 + 5 = 35 marks) (Maximum Word Limit: 1750 words) 2

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