Australian Migration Law Assignment Sample
PURPOSE
The purpose of this assessment is to assist students to contextualise their learning and use theoretical knowledge in a practical and real-life situation. Students are asked to use critical thinking and reasoning to suggest a solution to a factual problem or problems.
This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses learning outcomes 1-4.
SCENARIO
Question 1 (10 marks, 500 words)
You continue to work at migration firm ‘Migrate Australia’, supporting a busy migration agent (Nicola Childs) with her clients. You attended a consultation today with Nicola (22 October 2023) and took the following notes:
• Mary (citizen of South Africa) came to Australia on a Class FA, Subclass 600 Visitor visa on 15 January 2020. There was no Condition 8503 attached to this visa.
• Mary came to Australia for a holiday to visit the main tourist attractions. Despite her original intentions, Mary fell in love with the country and decided to stay in Australia permanently.
• Mary commenced a relationship with John and entered into a de-facto relationship on 15 June 2020.
• Mary’s visa expired on 15 March 2020 and she has not applied for another visa since entering Australia.
• Nicola is in the process of drafting a Class UK/BS, Subclass 820/801 Partner visa application for Mary (John is the Sponsor) which she is hoping to lodge soon.
Write an email to Nicola addressing the following:
1. What Bridging Visa will Mary be eligible for when the UK/BS, Subclass 820/801 Partner visa is lodged?
2. Will Mary have permission to work on the Bridging Visa? If not, how will she be able to obtain permission to work?
Your email should set out your advice, with reference to the legislation and relevant policy (please footnote your references as per the AGLC4).
Question 2 (10 marks, 500 words)
Mary’s application for the UK/BS, Subclass 820/801 Partner visa was lodged on 23 October 2023 and you receive the following email from Mary on 24 October 2023.
Hi,
Can you please assist me?
I have not seen my mother (Vivian) since arriving in Australia – it has been really hard for me. My father (Tom) passed away last year and I was not able to go to his funeral. My mother did not handle it very well and I desperately want to reconnect with her. My mother has offered to come to Australia to see me and meet John. My mother is 71 years old and has never been employed. My father was a savvy businessman and my mum inherited approximately $7,000,000 AUD of assets. I am an only-child and I know my mother would do anything to come to Australia. With that being said, she had no intention of moving here (she wouldn’t cope living here for many reasons). My mother has never been outside of South Africa (she hasn’t got a passport yet but is in the process of getting one). If you could let me know her options, that would be great.
Cheers,
Mary
Write an email to Mary addressing the above question in detail and advise on the best visa option (addressing Schedule 1 and 2 of the Regulations).
Your email should set out your advice, with reference to the legislation and relevant policy (please footnote your references as per the AGLC4).
Question 3 (20 marks, 1000 words)
Mary has referred her cousin, Fleur, to the migration firm for assistance. Fleur is an exceptionally talented pianist in South Africa and would like to come to Australia to enhance her learnings. Fleur is currently 14 years of age and lives with her father (Robert). Robert is Fleur’s only living parent and provides her with full-time care. Fleur has approached four prominent secondary schools in Australia and many are very keen to offer her a scholarship program (they have undertaken this process before for other international students). Fleur has not sat an English test yet and would be looking to start Year 9 in February 2024.
Nicola has asked you to draft a formal letter of advice to Robert addressing the following:
1. What is the appropriate temporary visa for Fleur?
2. What are the key validity and grant criteria for this visa (include the evidence she needs to provide)?
3. Robert would like to accompany Fleur to Australia. Advise whether this is possible, and if so, what visa should Robert apply for?
Your letter should set out your advice, with reference to the legislation and relevant policy (please footnote your references as per the AGLC4).
Solution
Answer 1:
Subject: Bridging Visa and Work Permissions for Mary's Partner Visa Application
Dear Nicola,
I hope that this message finds you in good health. As you complete the Class UK/BS, Subclass 820/801 Partner visa application for Mary with John as the sponsor, I wanted to assist you with some assistance on Mary's status regarding the Bridging Visa and work permits.
1. Bridging Visa Eligibility: As per the Department of Home Affairs Mary will be qualifying for a Bridging Visa after her Class UK/BS, Subclass 820/801 Partner visa application is submitted. Uni Assignment Help, In her circumstances, she will very certainly be given a Bridging Visa A (BVA). The BVA takes effect simultaneously upon the expiration of her existing Subclass 600 Visitor visa on March 15, 2020, and while her Partner visa application is being processed. This assures that she may remain in Australia legally throughout the processing time.
2. Permission to Work on the Bridging Visa : A Bridging Visa A (BVA) does not, in general, provide instant authorization to work. However, the Migration Regulations specify the conditions under which work permits may be granted. Regulation 0303(1) of the Migration Regulations 1994 specifies the requirements for gaining work privileges on a BVA.
Mary must fulfil one of the following requirements in order to work on a BVA:
a. She has applied for a substantive visa while still holding a BVA.
a. She was in possession of a substantive visa at the time the BVA was issued, and that visa included work authorization.
c. She filed for a substantive visa that should have provided her work authorization, and she fits all of the requirements for that visa.
Because Mary is applying for the Partner visa (Subclass 820/801) , she satisfies the requirements specified in possibility 'c.' As a result, she should be able to submit an application for work privileges based on her BVA. However, it is critical that her Partner visa application is both legal and fits all of the applicable work rights standards.
I propose that Mary's Partner visa application include an application for work privileges to guarantee that she may work throughout the course of processing time. While employment rights are not assured, this strategy will provide her with the best opportunity to obtain work authorization.
It is crucial to note that certain documents and proof may be necessary to verify the application for work rights, and for the most accurate information, you should examine the most recent regulatory guidelines and legislation.
In essence, if you file the Class UK/BS, Subclass 820/801 Partner visa application for Mary with John as the Sponsor, she should be issued a Bridging Visa A (BVA), allowing her to engage in employment if Condition 8503 is not satisfied. It is critical to monitor the status of her application to ensure that she retains her job privileges during the procedure.
Please let me know if you need any further assistance or clarification on this matter. I'm here to support you throughout the process.
Best regards,
[Your Name]
Migrate Australia Immigration Firm
Answer 2:
Subject: Reuniting with Your Mother – Visa Options and Advice
Dear Mary,
I hope that this message finds you in good health. I realize how important it is for you to be reunited with your mother, Vivian, and I'm here to help you navigate the visa alternatives that are most suited to her situation.
Considering your mother's desire to meet you and greet John, as well as her lack of desire to live long-term in Australia, I propose that she apply for a Visitor visa. You might look into the Subclass 600 Visitor Visa. , which is created for those who want to visit Australia for a variety of reasons, including reunions with family.
Here's a more detailed breakdown of your options:
1. Subclass 600 Visitor Visa:
• Based on the stream you pick, this visa permits your mother to visit you in Australia for up to three, six, or twelve months .
• Because your mother does not want to stay in Australia indefinitely, and her major goal is a reunion with her family, she is eligible for the Tourist Stream.
• The legal basis for the Subclass 600 Visitor Visa can be found in Division 600 of the Migration Regulations 1994, which outlines the conditions and requirements for this visa.
• The Tourist Stream is perfect for people going to meet their loved ones or relatives in Australia.
• Because your mother is receiving a passport, please ensure that she has a passport that is still valid while filing for this visa as required by Regulation 2.01(2).
• Although she does not want to remain permanently, possessing significant assets shouldn't pose a problem during the visa application process as per the legal requirements for financial capacity are detailed in Schedule 2, Part 4 of the Regulations..
Schedule 1 and 2 of the Migration Regulations are relevant to your mother's case as they pertain to the criteria and requirements for the Subclass 600 Visitor Visa:
- Schedule 1 describes The criteria for visa applications cover health and character examinations. When applying, verify that your mother meets these conditions. These health and character requirements are specified in Regulation 600.211 and 600.221
- Schedule 2 details the requirements That can be imposed on a Subclass 600 visa. Given the circumstances surrounding her, she is not likely to face any specific criteria that would preclude her from travelling to Australia.
To summarise, I encourage your mother to register for a Tourist Stream Subclass 600 Visitor Visa, emphasizing her wish to come to see you and meet John. Gather all relevant papers, especially a copy of the letter of invitation from you, and submit the paperwork for a visa once her travel documents are available. Her application should be unaffected by the considerable assets she inherits.
Always keep in mind that while we aim to give exact details, the most up-to-date details are available on the official Department of Home Affairs website. If you need further assistance or have more questions, please feel free to reach out. I'm here to support you throughout this process and help make the reunion with your mother a reality.
Best regards,
[Your Name]
Migrate Australia Migration Firm
Answer 3:
[Your Name]
Migrate Australia Migration Firm
[Address] [City, State, Postal Code]
[Email Address] [Phone Number]
[Date]
Mr. Robert
[Address]
[City, State, Postal Code]
Subject: Visa Options for Your Daughter, Fleur, to Pursue Secondary Education in Australia
Dear Mr. Robert,
I hope you are well as I write this letter. I'm writing in order to offer you specific advice on the best temporary visa for your daughter, Fleur, who is keen to continue her secondary school in Australia. We recognize that Fleur's education and future are critical to you, and we are devoted to aiding you to make this dream a reality.
The First Point is the appropriate Temporary Visa for Fleur : In Fleur's instance, the Subclass 500 Student Visa is the best temporary permit for her to attend her secondary school in Australia. The legal basis for the Subclass 500 Student Visa is found in Division 560 of the Migration Regulations 1994. This kind of visa is intended for foreign learners who desire to study full-time in Australia.
Fleur will benefit from the Subclass 500 Student Visa because it will enable her to attend outstanding secondary schools in Australia, discover and witness the dynamic society that makes up the nation, and develop everlasting bonds of friendship with kids from different cultural backgrounds.
The Second point is Key Validity and Grant Criteria for the Subclass 500 Student Visa. : To ensure a successful application for the Subclass 500 Student Visa, it is essential to meet the following key criteria and provide the necessary evidence:
a. Enrollment in a Course: Your daughter needs to have a CoE, which generally means a "Confirmation of Enrollment” from any registered secondary school in Australia . This CoE is a legal requirement, as stipulated in Regulation 570.211. This CoE will indicate that she has been selected for the course of study. This will help her in the beginning steps of her student Visa Application, as there are many Australian secondary schools which provide foreign students with scholarships which can facilitate the CoE issuance.
b. Financial Capacity: Demonstrating financial capacity is a critical component of the visa application process, as specified in Regulation 570.212 . You must demonstrate that you, as Fleur's parent and legitimate guardian, have sufficient resources to finance her education, expenses for living, and her return travel to South Africa. This may need submitting statements from your bank, financial affidavits, or any other monetary paperwork demonstrating your capacity to support her while she studies in Australia.
c. Health Insurance: For the length of her period in Australia, Fleur must obtain Overseas Student Health Cover (OSHC) as required by Regulation 500.10. OSHC guarantees that she gets access to required medical treatments throughout her stay and gives you and Fleur comfort and assurance.
d. Genuine Temporary Entrant (GTE): Fleur must demonstrate that she truly wishes to stay in Australia for the sole purpose of educating herself and that she is going back to South Africa after her educational pursuits are completed as emphasized in Regulation 500.212 . This may be communicated via a well-written statement of purpose that defines her academic and professional ambitions, the reasons why she chose Australia as her study location, and her dedication to following Australian visa regulations.
e. English Proficiency: As Fleur has not taken any English test, it is important for you to know that English is an important requirement for her Student Visa Application. Also, there are many secondary schools in Australia that have their very own English language requirements. It is important that your daughter take English proficiency tests like IELTS, TOEFL, or PTE so that she can meet all the requirements easily.
The English language requirement is designed to ensure that Fleur can effectively engage in her studies and adapt to the Australian education system. It is advisable to check with the specific secondary schools in Australia to which Fleur is applying for their exact English language proficiency requirements.
Finally, for the third part, Accompanying Parent Robert: You've indicated a wish to join Fleur in Australia when she begins her academic adventure, which is entirely achievable. Parents who accompany their children can submit an application for a Subclass 590 Guardian Visa as per Regulation 590.211 . This visa is for legal guardians or parents who want to take care of and assist in the education of their kids in Australia.
The Subclass 590 Guardian Visa will enable you to continue living with Fleur while she studies in Australia, providing her with the psychological assistance and supervision she requires while she is far from home. It's a noble choice that demonstrates your commitment to Fleur's well-being and accomplishments.
To be eligible for the Subclass 590 Guardian Visa, you have to demonstrate that you are Fleur's legal father or guardian and that you are prepared to assist her with lodging, general well-being, and financial assistance throughout her stay in Australia in accordance with Regulation 590.212. With this visa, you will be able to actively participate in her academic pursuits and guarantee that she flourishes in her new surroundings.
It is important to keep in mind that Fleur's study plans must be finalized prior to registering for the Subclass 590 Guardian Visa since her student visa application must be in process or approved first.
Finally, we recognize that this is a serious choice, and that's why we are here to help you with each step of your journey. We recognize the significance of Fleur's schooling and your involvement in helping her achieve her goals. Our staff at Migrate Australia Migration Firm is committed to making the visa application process as easy as possible and to guaranteeing Fleur's academic achievement in Australia.
Get in touch with us if you happen to have any more queries or need clarification on any element of the visa application procedure. We are here to guide you, answer your concerns, and provide the assistance you need to take this important step in Fleur's education.
We look forward to helping you and Fleur achieve her educational goals in Australia. Your commitment to her future is commendable, and we are here to support your family throughout this journey.
Best regards,
[Your Name]
Migrate Australia Migration Firm
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