LAWS504 - Analyzing Legal Issues in Australian Migration Law Assignment

Assignment Task

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 the following learning outcomes:

1. Locate, navigate and interpret Migration legislation and identify the role of policy

2. Demonstrate knowledge on visa applications and processing including types of visas, validity, criteria and conditions

3. Strategically analyse and assess client's visa eligibility

4. Research, formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.

Question 1

The definitions of "spouse" and "de facto partner" are found at ss.5F and 5CB respectively of the Act. Factors that must be considered in determining whether two people are in a "genuine and continuing relationship" are found at Regulations 1.15A (spouses) and 1.09A (de facto partners).

On 2 April 2024, the Department amends the PAM to state that "a decision-maker must not find that two people are in a genuine and continuing relationship unless they are satisfied of this beyond reasonable doubt". Neither the Act nor the Regulations are amended.
Would it be lawful for a decision-maker to apply this policy? Why or why not?

Scenario

You work at migration firm 'You Beaut Migration', supporting a migration agent (Adelaide Hobart) with her clients. Adelaide has asked that you take notes in one of her consultations. In the consultation, you make the following notes:

Question 2

Adelaide has asked you to write a formal letter of advice to Harmanpreet identifying any legislative barriers which will prevent Harmanpreet from lodging a valid application in Australia.
Your formal letter should set out your advice as to how those barriers may be overcome and what steps Harmanpreet needs to take to resolve her status, and what arguments she will need to put forward. You must reference the legislation, relevant policy, and Harmanpreet's circumstances.

Question 3

The date is now 1 April. Assume that any barriers to Harmanpreet making a valid application have now been resolved.

Adelaide asks you to draft a memorandum on two options for which she believes Harmanpreet is able to lodge a valid application for onshore:

a. Subclass 482 Temporary Skill Shortage visa and

b. Subclass 820/801 Partner visa

As part of the memorandum, look at the Schedule 1 requirements for each option and advise whether a valid application can be lodged. If it cannot, explain why.

If it can, outline the legislative criteria that Harmanpreet would need to meet in order to make an application and be found eligible:

In your memorandum, please make sure you make reference to the relevant law and policy to support your answer. It is important that you also let Adelaide know if there are any issues which you require further information on.

NOTE: You need to demonstrate a clear understanding of applying the facts to the relevant law throughout. At all times, you should make reference to the relevant law and follow the reference guidelines. Although you will not be expected to do this in practice, please reference each question throughout using footnotes on each respective page. You do not need to provide a bibliography.

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