Oanh Thl Tran - Letter of Advice - Law - Migration Law Assignment Help

Oanh Thl Tran Letter of Advice Migration Law Assignment Help

Assignment Task:

Oanh Thl Tran, age 26, came to Australia from Vietnam in 2013 on a student (573) visa and commenced a degree course in Pharmacy at Deakin University. Oanh chose the course because pharmacists were on the skilled occupations list (SOL), which gave her an opportunity for permanent residence. However, halfway into her first year of the course, pharmacists were abruptly removed from the skilled occupations list. By the time she graduated and obtained a favorable skills assessment, pharmacists were still off the list and Oanh's hopes of applying for permanent residence on the basis of her occupation were dashed. While she was studying, Oanh shared a flat with a couple of students. One of them, Hamdan Farzi, age 33, came from Afghanistan as an Illegal maritime arrival (IMA) in 2013 but was granted a protection (866) visa because he had worked as an interpreter for the Australian Army in Afghanistan. The two soon took a liking to each other and after Oanh completed her studies in 2015 and while her student visa was still valid, they got married. Oanh applied for a Partner (820/801) visa and was granted a Bridging A (010) visa. In the meantime, they leased a flat at 78/156 Kent Avenue, Springvale South, while Oanh also found a job as a pharmacist with a retail pharmacy in Springvale, where there is a fairly large Vietnamese community. Hamdan works as a cashier at a local Seven-II store. Oanh comes to your office today and informs you that she and her husband both
received separate letters from the Department of Home Affairs yesterday. Her letter says that, pursuant to a new Ministerial Direction No.80 of 21 December 2018,
applications in the family stream which are sponsored by persons who had arrived in Australia as IMA's, are allocated the lowest priority, and can be processed only after
all other family stream visa applications have been processed, which means that IMA sponsored family stream applications, including partner visas, will not be processed
for several years, if at all. The letter her husband Hamdan Farzi received is a Notice of Intention to Consider Cancellation (NOICC), proposing to cancel his protection visa. Oanh claims not to know anything about her husband's visa beyond that it is a permanent visa. But she is worried that if his visa gets canceled, that may affect her own visa status and as her Partner visa application is facing an endless wait anyway, her quest to seek other alternatives for permanent residence has become more urgent.
Oanh asks whether her current employer can sponsor her for permanent residence. But if not, she says her employer has another pharmacy in Mildura and asks you
whether she can apply for permanent residence if she could get a sponsorship. from the Mildura pharmacy to go and work there,

Prepare a concise letter of advice to Oanh, addressing the following:
1. How would her visa status be affected if her husband's protection visa is canceled?

2. Is she eligible to apply for a permanent visa with a sponsorship from either her current employer in Springvale or from the pharmacy in Mildura (postcode 3500) (you only need to address her eligibility to apply for the visas; you do not need to go into detail about employer nomination requirements nor application procedures or criteria for the visas)?

SCENARIO CONTINUED
As things turned out, Oanh did get in touch with the pharmacy in Mildura and they are willing to sponsor her. However, they informed her that they will do so on the
condition that she agrees to work at the pharmacy on probation with no pay for 6 months.

3. Is the pharmacy allowed to do this? Would they be committing an offense under migration law if they did proceed on this basis? What penalty, if any,
would they face if convicted?

Your answers must be supported by relevant legislative or regulatory provisions.

3. This assignment comprises 20% 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 center for the due date for your class group. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessments be lodged electronically. This will then automatically generate a receipt.

6. WORD LIMIT: Word limits are indicated for questions and should be adhered to with each answer, these limits are indicative of the amount of information required to address the question.

7. All answers should be supported by reference to the relevant legislative provisions of the Migration Act and Regulations.

This Law Assignment has been solved by our Law experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.