LML6003 - Migration Law and Australia’s Visa System - Law Assignment Help

Assignment Task

SCENARIO You have just started working as a newly registered migration agent at New Start Migration Pty Ltd. Your supervisor asks you to review and provide your opinion on the following two cases.

1. Shazina Shazina is a single, 37-year-old woman who is a citizen of Pakistan. She came to Australia by boat and currently holds a Safe Haven Enterprise (subclass 790) visa. Shazina fled Pakistan after local villagers stormed her home when they found out that she had converted to Christianity. She was brutally attacked, with her injuries leaving her in hospital for two weeks. Even while she was in hospital, the head of the village was sending her threats that if she returned to her home after she was released from hospital, she would have to pay the consequences. Shazina contacted the local police station to make a complaint, but they refused to investigate the crime, saying that it was a neighbourhood matter that they needed to sort out between themselves. She had heard from other local Christian converts that the police never get involved in these sorts of cases. Fearing for her life, she made the difficult but necessary decision to seek protection. Her claims were accepted by the Department of Home Affairs and her visa was granted three years ago. After arriving in Australia, Shazina met Ahmad, who is the holder of a Protection (Subclass 866) visa after having also arrived by boat. They fell in love and were married a short time later. Shazina and Ahmad moved to Ballarat one month ago, having decided that big city life was no longer for them. Shazina has always wanted to work as a nurse and has just commenced a full-time Bachelor of Nursing degree at Federation University in Ballarat. Before that, she was working full-time in Melbourne as a barista in a café. Shazina does not meet any COVID-19 concessions. Shazina has come to you to find out what her visa options are moving forward as she wants to remain in Australia permanently.

2. Belle Belle is a citizen of the Philippines. She is 68 years old and a widow, as her husband died many years ago from a workplace accident. She retired from her job as a school teacher six months ago. She has two adult children, Akira and Rahi. Her son, Akira, is 30 years old and is in Australia on a Partner (subclass 309) visa. Her daughter, Rahi, is an Australian citizen. She is 28 years old and has been living in the Philippines for the last two years after being transferred to Manila by her employer to work on a large-scale project. Last week, Belle entered Australia on a Visitor (Subclass 600) visa in the Tourist stream, which is valid for three months and subject to conditions 8101, 8201 and 8501. She has come to visit her son, Akira, whose wife is pregnant with her first grandchild. As the eldest child and son, Akira has been financially supporting his mother since her retirement. Being a widow, Belle is in a financially vulnerable position and is very grateful for the money that Akira sends her, which she uses for day-to-day expenses.

Belle has fallen in love with Australia and is distraught at the thought that she could be separated from her grandchild. She told Akira that she would love to move to Australia so that she can help them raise the child. This would also save some of Akira’s money, as she would be living with him and would not require as much money as when she is living by herself in the Philippines! Akira and Belle have come to see you to find out if Belle can stay in Australia permanently. They also want to know whether Belle would be able to continue travelling overseas if she was granted a permanent visa. It is important to Belle that she can regularly see her daughter while she is working in Manila for the foreseeable future and Belle tells you that she does not intend on becoming an Australian citizen.

QUESTIONS You are asked to prepare a memorandum of advice for your supervisor, which clearly and concisely answers the following questions for each client:

1. What are their visa options (if any)?

2. What are the risks or difficulties (if any) associated with these visa options?

3. What are the fees payable including credit card surcharge assuming the payment is made by Visa card and the estimated processing time of each option?

4. What do you recommend would be the best pathway? 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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