LML6002 - Australian Migration Law Case Study - Law Assignment Help

Assignment Task

SCENARIO 

Amitabh Sharma, 20, is a citizen of India who arrived in Australia on 1 January 2019  on a Student visa class TU (Subclass 500) which is valid for 3 years. You examine  his visa and see that it has the following conditions on it: 8105, 8202, 8501, 8516,  8517, 8532, 8533 and 8534. He tells you that he has been living in Australia with his  elderly uncle. After his arrival in Australia, his uncle fell and broke his hip. He was  taken to hospital and the doctors have advised Amitabh that, unless there is someone  to care for his uncle at home, he will have to be admitted into an aged-care facility as  he can no longer care for himself.  

QUESTIONS 

1. Does the 8534 condition on Amitabh’s visa create any problem if he would  like to apply for another visa? If so, what steps can he take to resolve this? 

2. Prepare a concise letter to the Minister of Immigration in relation to any  steps you have identified in (a).  

3. Assuming 1(a) is resolved, can Amitabh apply for an Other Family  (Residence) (Class BU), subclass 836 Carer visa in Australia? What are the  requirements for a valid visa application? 

4. Would it make any difference (for validity purposes only) if Amitabh’s student  visa had expired by 3 months and instead of applying for a Carer visa, he  decided to apply for a Partner Visa (Class UK/BS)? What are the relevant  forms required and what fees are payable for the Partner Visa including any  surcharges, if he could validly apply? 

Your answers should be supported by reference to the relevant legislative  provisions of the Migration Act 1958 and Migration Regulations 1994 including  relevant policy.

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