LAWS506 - Master of Australian Migration Law and Practice Assignment

Assignment Task

Purpose

The purpose of this assessment is to determine your ability to analyse and contextualise your unit learning in a practical and professional situation.

Scenario

You work at the migration firm 'XYZ Migration' as a migration agent, assisting the busy owner with her clients. Mrs Julieta Perez (Julieta), born 05 January 1989, is an Australian citizen. Julieta is due to give birth in 4 months, if all goes well. Her biological mother, Mrs Maria Diaz (Maria), born 08 December 1965, and a citizen of Uruguay, previously applied for two subclass 600 Visitor (Tourist stream) visas that were refused based on the assessing Department of Home Affairs (Department) officer not being convinced that Maria was a genuine temporary visitor to Australia (Sch 2, part 600, cl 600.211 of the Migration Regulations 1994 (Cth)). Julieta and Maria engaged you to assist with a subclass 600 (Sponsored Family stream) visa for Maria, which was validly lodged with the Department on 01 February 2024. That application was also unfortunately refused by the same assessing Department officer for the same cl 600.211 reasons. You received the visa refusal letter on 12 February 2024. You were then engaged under a written agreement to assist with the Administrative Appeals Tribunal (AAT) review matter. The review application was validly lodged on 23 February 2024, and the relevant fee was paid.

What you know about Julieta and Maria

Julieta is desperate to have her mother here for the birth of the child as she has had a complicated pregnancy. Julieta is considered to be in a 'high risk' pregnancy category due to her age and previous miscarriages. Julieta is currently restricted to her bed at home on her doctor's orders; her doctor told her to rest to avoid pre-mature labour as the baby (a boy) would not likely survive a pre-term birth. This is Julieta's first baby. Julieta is very close to her sister, father and especially her mother, and has returned to Uruguay every year to visit her family but given her pregnancy complications, she did not go at Christmas as planned. Julieta does not see being able to travel to see her family in the next 12-18 months with a small infant and all the private hospital bills that have accumulated with the pregnancy complications. Julieta and her husband Luis, live in Newcastle, NSW. Luis is a chef at a busy Uruguayan restaurant and often works long nights and weekends.

Maria is married to Mateo Diaz, an accountant. Mateo cannot go to Australia as it is audit season and he is very busy with work and dance lessons. Maria is a Senior English Teacher at Ivy Thomas Memorial School in Montevideo, Uruguay. She has taught at the school for over 30 years and loves her job. She has been recognised as an exceptional teacher and promoted to the head of her department. Her employer is supportive of her trip to Australia for the birth of her grandchild.

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