LML6002 - Australian Migration Law Assignment

Assignment Task

Scenario

You are a newly registered migration agent and have set up your own business.

Today, Bee Teswat, 28 years, a citizen of Thailand, attended your office because her visa was cancelled yesterday. She informs you that she is on a Class FA Visitor (subclass 600) visa. The visa was valid for 6 months. The following conditions were attached to her visa: 8101 8201 8501 8503

Bee has been living in Melbourne for four months and was caught working at a relative’s restaurant in Bourke Street, Melbourne. Her visa was cancelled on the basis that she was in breach of her visa conditions but was immediately granted a Bridging E visa and was not taken into Detention.

Bee also informs you that whilst working in the restaurant she befriended one of the waiters, Alan Frost, who is an Australian citizen. Alan had proposed to her one week ago, it was love at first sight! They have been living together for the last 3 months. She recently discovered that she is four weeks pregnant. She is worried about the pregnancy because she has endometriosis. She visited her doctor yesterday and her doctor also expressed concerns about the pregnancy.

Question

Prepare a letter of advice for Bee addressing the following issues:

(a) She has two months remaining on her Visitor visa. Bee wants to know whether she has a current substantive visa.

(b) Can Bee make a valid application for a Partner Class UK/BS (subclass 820/801) visa or alternatively a Student Temporary Class TU (subclass 500) visa if she wished to study commercial cookery? Would she have to meet any additional requirements prior to making a valid visa application and in light of her circumstances, would Bee meet those requirements? Are there any risks in meeting these requirements?

You are only required to address the validity requirements.

Your answersshould be supported by reference to the relevant legislative provisions.

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