LML6002: Australian Migration Law - Application for a Protection Class - Law Assignment Help

Assignment Task :

You are a registered migration agent. It is 9.30 am in the morning and you receive a call from Peter Oltvay, a Hungarian citizen, 33 years old, an experienced stone mason and who is currently in Immigration Detention Centre in Maribyrnong. You remember Peter, as he was full of life and a very colourful character when you met him last in your office. You recall this was approximately two years ago as he came in on Christmas eve and asked you whether you would like to join him for some goulash that evening with his friends. You recall you were tempted to join him as you had nothing else planned but realised it was better to keep your business and personal life separate. 

You ask Peter what happened and why he is now in detention. Peter informs you that after he visited your office and despite your advice that he should not apply for a Protection visa to “buy time”, he decided to do so. Peter arrived in Australia on a Visitor FA (Subclass 600) visa in January 2018. The conditions on his visa were 8101, 8201 and 8558. Peter said he was having so much fun in Australia he did not realise his visa had expired. Two months after his visa expired, he met a registered migration agent called Dod Gye who told him to give him $1,000 and he would be able to get him another visa for 6 months. Peter gave him the money and was not sure what visa he was applying for but did not really care at the time as he was having too much fun. Peter did not receive any documents from the migration agent. He only signed the visa application. It was only three months ago he realised it was a Protection Class XA (Subclass 866) visa as he received a refusal for this visa via email. He has not applied for anything since receiving the refusal decision. 

During this time, Peter actually met Tina Queen, an Australian citizen who ran the local pub. Peter and Tina developed a connection over their love of 80s tunes, including Culture Club, and would spend many nights singing Whitney Houston love songs to each other when all the other patrons had left. Six months ago, Tina proposed to Peter and they actually got married last week at the pub and were due to go on their honeymoon later next month. Again, Peter did not give much thought to his immigration status as he thought the Department of Home Affairs did not really care that much if you were already in Australia. 

Peter knows that Tina had a jealous and vindictive ex-partner who was not happy that they got married and Peter thinks the ex-partner may have ‘dobbed’ him in to the Department of Home Affairs. Last night, at the pub, Peter was half way through singing ‘I will always love you’ to Tina, when two Immigration officials entered the pub and detained him and took him to the Immigration Detention Centre in Maribyrnong. 

Peter does not want to rely on Tina for visa purposes, particularly now, as he is worried she might think his serenades were to woo her for visa purposes. Peter would rather apply for another Protection XA (Subclass 866) visa to buy some time until this is all sorted out. He has advised that even if you do not assist him with this matter, he will lodge the application himself but just wants your advice about it. 

Question 

1. Can Peter make a valid visa application for a Protection Class XA (Subclass 866) visa whilst he is in Immigration Detention? Explain. 

2. Explain in plain English the visa conditions attached to his Visitor visa? How do you determine which conditions can be imposed on a particular visa? 

3. In the event that Peter decides to study stone masonry at RMIT in Melbourne, is he able to make a valid application for a Student Temporary Class TU (Subclass 500) visa? Explain. 

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