7231LAW - Legal Research Writing - Legislative Instrument That Contains The English Language - Law Assignment Help

Assignment Task

Legal Research Task

1. Locate and correctly cite the legislative instrument that contains the English Language requirements for the subclass 485 visa.

2. Locate and correctly cite the ministerial direction which applies to assessing the genuine temporary entrant criteria for the student and student guardian visas.

3. Locate and correctly cite the section of the Migration Act which specifies that: ‘the regulations may provide for a visa or visas of a specified class to be subject to a condition imposing restrictions about the work that may be done in Australia by the holder of the visa.’ 

4. Locate and correctly cite, the regulation that requires the minister to notify the former holder of a visa, that their visa has been cancelled under section 109 of the Migration Act.

5. The eligibility criteria for a Partner (Temporary) (Class UK) Subclass 820 visa, are set out in Schedule 2 of the Migration Regulations. Provide the pinpoint citation for the sub- clause which specifies that the applicant must be the spouse or de facto partner of a person who is an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen.

6. The subclass 485 visa, requires the applicant to satisfy the ‘Australian Study Requirement.’ With reference to the relevant section of the legislation, explain in your own words what this means.

7. Locate the Administrative Appeals Tribunal case of Laupata and Minister for Immigration and Border Protection and provide:

a) The full citation
b) Name and title of the person who decided that case
c) A succinct summary of the relevant facts
d) A one sentence summary of the outcome using the correct terminology

8. For each of the cases listed below, find and name the highest court in which the case was heard and decided. Provide one citation:
a) Prodduturi v Minister for Immigration and Border Protection
b) Plaintiff M174/2016 v Minister for Immigration and Border Protection
c) Minister for Immigration and Citizenship v SZMDS

9. The eligibility criteria for the subclass 300 prospective marriage visa, requires the applicant and sponsor to have a genuine intention to live together as spouses. The Departmental Policy provides guidance to migration agents by demonstrating how case officers approach their decision making. Referring to Policy and any other relevant parts of the legislation, explain the approach taken by case officers with respect to the ‘genuine intention to live together as spouses’ criterion.

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