LAWS504: Peter Case Study - Migration Agent at National Migration - Law Assignment Help

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 scenario. This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy. 

Scenario: 

You are a junior migration agent at National Migration, working with a busy migration agent, Peter. Yesterday 2 Sept 2020, you and Peter met with Kieran and Sonia, to discuss Sonia’s visa options. 

During the meeting you learned the following information: 

- Kieran (M, DOB: 28/03/1990) is an Australian citizen

- Sonia (F, DOB:18/02/1993) is a Fijian citizen, who came to Australia on 31 May 2020 on a three-month visitor visa as a tourist. Her stay period expired on 31 August 2020, before your meeting. The visitor visa had condition 8503 attached.

- Sonia had a return flight booked to depart Australia on 30 August 2020

- Sonia is a qualified accountant, holds a Bachelor of Commerce from the University of the Pacific and has worked for the past three years for an accounting firm run by her brother. She is very close to her brother.

- Kieran works as a public relations professional. He met Sonia on 1 July 2020 at an art gallery opening night function which was displaying Indigenous Pacific art. The two were attracted to each other and met up every night for the next week. A week later they entered into a relationship and Sonia moved into Kieran’s Melbourne apartment.

- On 29 August 2020 Sonia’s family contacted her to tell her that her brother has died in a tragic accident in a light plane. Sonia experienced severe anxiety attack as a result of these events and has been unable to leave her bed, and cannot even think about boarding a plane. Her GP prescribed a strong sedative. 

QUESTION 1: (500 words, 10 marks) 

Peter has delegated to you the immediate task of identifying whether any legislative barriers exist that will prevent Sonia from making a valid visa application while inside Australia. Write a file note for Peter identifying Sonia’s current status and explaining all barriers that may prevent a valid application. Your file note should set out your advice, with reference to the legislation and relevant policy, as to how those barriers may be overcome and what steps Sonia needs to take to resolve her status. 

QUESTION 2: (1500 words, 30 marks) 

Following the interview, Sonia telephones you to say that they realised they had already applied for the waiver you suggested and it has been granted. She wants to know whether she can apply for the following: 

1. a subclass 600 Visitor visa

2. a subclass 820/801 partner Visa. 

Write a file note for Peter addressing each of these visa subclasses and outlining the legislative criteria that Sonia would need to meet in order to make an application and be found eligible for each subclass, including: 

- Schedule 1; 

- Schedule 2; and 

- Any relevant criteria in other schedules. 

Based on the facts you have, assess whether Sonia can meet those criteria. 

In your file note make sure you make reference to the relevant law and policy to support your answer. Disregard any implications of COVID-19 in answering all questions.

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