LML6006: Migration Review Mechanisms - Stella MacCartney Case Study - Business and Corporate Law Assignment Help

Assignment Task:

ASSESSMENT TASK 1
1. Students must answer all questions as indicated. Make certain all answers are clearly labelled. 
2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease. 
3. This assignment comprises 15% of the assessment in this unit. 
4. Students should note that English expression; grammar and spelling are taken into account in the assessment of their answers. 
5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt. Students must ensure they keep a copy of their work. 
6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer. 
7. All answers should be supported by reference to the relevant legislative provisions of the Migration Act and Regulations. 
8. A student, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives. 

SCENARIO 
Stella MacCartney, a citizen of the UK, applied for a Partner (subclass 820/801) visa on 1 January 2019. She was sponsored by an Australian citizen, Terry Hatcher. Yesterday she received an email from the Department of Home Affairs advising her of their decision to refuse the visa application. Stella is distraught. 

Stella and Terry want to know if it is possible to have the decision reviewed and attends your office for advice today. You are a registered migration agent.
 
You notice that Terry is very much in command of the conversation and tells you that she wants to review the decision personally as she thinks it’s very unfair and that because they are in a same-sex relationship, the Department of Home Affairs has not viewed their relationship fairly. 

QUESTION 
(a) Is Stella able to have the decision reviewed, and if so, by which body? 
(b) What time limits does Stella need to be aware of in order to lodge a review application? 
(c) Can Terry be the review applicant? Why or why not? 
(d) Can Stella request that the Minister personally intervenes in her case while they are waiting for the review body to make a decision, as they understand it can be a long processing time? 

Scenario continues... 
Two days later, Stella calls you in tears and tells you that her relationship with Terry has ceased. You ask her whether there is any chance of reconciliation and Stella gives you a firm ‘No’. She realises she is an independent woman and would like to live a single life.
 
Stella, however, insists you lodge a review application and act on her behalf. You advise her that there is no chance of success if the relationship has ceased and is not continuing. 

QUESTION 
(e) If you decided to act as Stella’s migration agent, what are your obligations, if any, under the Code of Conduct? 

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