LML6002 - Australian Migration Law - Law Case Study Assessment Answer

LML6002 - Australian Migration Law - Law Case Study Assessment Answer

Task:

Assessment Task 1

SCENARIO
You are a newly registered migration agent and open a business with another registered migration agent, Cheryl Kong, who you met in class at the Graduate Diploma of Migration Law course at Victoria University.
A client, Anna Walker, sends you an email seeking your advice. She arrived from Estonia on a Visitor (Subclass 600) visa, which expired 1 week ago. You look at her visa grant notice and notice that there are conditions 8101 and 8503 on her visa.
You ask Anna to visit your office to discuss her matter. You charge $200 for the consultation and you provide Anna with a copy of the Consumer Guide and note in your file that she has received it. You did not provide her with any other documentation. You ask Anna why she overstayed her Visitor (Subclass 600) visa and she tells you that she incorrectly thought her visa was valid for 12 months instead of valid for 3 months upon each arrival. Anna thinks that it is confusing how this visa works and intentionally designed like this to confuse visitors.
Anna completed her Bachelor of Graphic Designs in the UK before arriving in Australia. Anna has met some really interesting people in Melbourne and now wishes to continue her studies with a Masters of Graphic Design at Victoria University.
Anna wants your assistance to apply for a Student (Subclass 500) visa. Anna tells you that she read on a forum online that people without a visa could apply for a Student (Subclass 500) visa while they were in Australia.
Anna tells you that she chose you in particular as a registered migration agent because you had assisted one of her friends, Isabella, who was in a similar situation to her. She said that her friend’s Student (Subclass 500) visa had expired and you were able to assist her. You advise Anna of some of the differences between her case and Isabella’s and that you actually received good news last week that Isabella was granted her Student (Subclass 500) visa but you did not have time to tell Isabella yet as you were very busy. In fact, Isabella’s grant letter was sitting on your desk. Anna is very happy to hear this and texts Isabella the good news.
You advise Anna that you will finalise your advice and send her a letter of advice by email the next day. You have also taken a comprehensive file note of your meeting with Anna.

QUESTION 1
Explain, in plain English, by way of a letter of advice, whether Anna would be able to lodge a valid visa application for a Student (Subclass 500) visa in Australia explaining why or why not.

QUESTION 2
As a registered migration agent, what breaches, if any, would you have committed, under the Migration Agents Regulations 1998, based on the above scenario?

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