Practical Migration Agent Task assessment

Task

Nancy Khalil has approached you to act for her before the Department of Home Affairs (the Department). In a preliminary conference with Nancy, you are told she has made an application for an onshore Partner visa application that was refused by the Department of Home Affairs about 2 weeks ago. She and her Australian partner, James would like to appeal the decision especially that she is currently pregnant with their first child, a news they just found out about. Nancy has given you a bundle of documents. However, she indicated that they did not save all the documents when they applied and do not have a copy of what they uploaded. You are informed at the conference that Nancy and her partner James are willing to allocate about $7,000 for the appeal application in legal fees. At the present time, James is also battling a drink driving offence and they are worried about the medical fees in relation to the pregnancy and his legal costs for his court case. They are also worried whether this issue would affect the partner visa application appeal. Nancy lived in Australia for 8 years since coming from Lebanon. She was on a student visa which was cancelled previously but then reinstated by the tribunal. Then she finished her degree and applied for a temporary graduate visa then was sponsored on a temporary work visa before the employer made her redundant. During that time, she met her partner James. Prior to applying for the Partner visa, her 482 visa expired and she was unlawful for a period of 2 months. When she applied for the partner visa, she was unaware of schedule 3 requirement but understand that she has to discuss that in her tribunal case. She also shared that they had a tough time conceiving but they are happy that finally they fell pregnant.

Given the preceding details, prepare an interview structure, questions/topics that you would ask Nancy and James. Also include your preliminary advice, the migration process/strategy for their matter and the next steps from your end and their end (20 Marks).

Assessment Requirements

The main objective of this assessment was to demonstrate the ability to handle a complex client case by preparing a comprehensive legal and professional strategy. The key points to cover were:

• Interview Structure & Questions: Develop a logical and systematic set of questions to gather all necessary information from the clients, Nancy and James. This included topics related to their relationship, financial situation, visa history, and the specifics of their previous application.

• Preliminary Advice: Provide initial, high-level advice to the clients based on the information provided, including a realistic assessment of their chances and an outline of the legal and procedural requirements of an appeal.

• Migration Process/Strategy: Outline a detailed plan of action for the appeal, including the steps involved in lodging the application, gathering evidence, and preparing for the tribunal hearing. This required addressing critical issues like Schedule 3 criteria, health waivers, and character issues.

• Next Steps: Clearly define the actions to be taken by both the migration agent and the clients (Nancy and James) to move the case forward, including document collection, fee payment, and communication protocols.

The Academic Mentor's Approach

The academic mentor guided the student through the assessment using a step-by-step process, breaking down the complex task into manageable sections.

• Initial Analysis and Scoping: The mentor first had the student analyze the client brief to identify all relevant facts and issues. They emphasized the importance of a critical reading of the scenario to spot potential problems, such as Nancy’s previous visa cancellation, the period of being unlawful, the Schedule 3 waiver requirement, James's drink driving charge, and the clients' limited budget. The student was prompted to note these points down before moving forward.

• Developing the Interview Structure: The mentor advised the student to structure the interview logically. This involved starting with a general introduction and rapport-building, then moving into specific sections. A recommended structure included sections on:

  1. Visa Refusal Details: Questions about the exact reasons for the refusal and any correspondence from the Department.

  2. Relationship History: Detailed questions to establish the genuine and continuing nature of the relationship, addressing key areas like financial, social, and household aspects.

  3. Visa and Immigration History: Questions specifically targeting Nancy’s visa cancellation, her period of being unlawful, and the circumstances surrounding her previous visas. This was crucial for addressing the Schedule 3 requirements.

  4. Character and Health Issues: Questions about James's drink driving offence and the details of Nancy's pregnancy to assess their impact on the case.

  5. Financial and Time Constraints: Questions to confirm their budget and willingness to allocate funds for the appeal, and to set realistic timeframes.

• Formulating Preliminary Advice and Strategy: After establishing a solid interview structure, the mentor guided the student in drafting the preliminary advice. The key was to provide a balanced view—acknowledging the challenges while also highlighting the potential for a successful appeal. The mentor stressed the importance of addressing the Schedule 3 waiver and the need for a comprehensive health and character submission . They also advised the student to frame the strategy around gathering evidence to support the "compelling reasons" required for the Schedule 3 waiver and to demonstrate the genuine nature of the relationship.

• Defining Next Steps and Learning Objectives: Finally, the mentor helped the student articulate clear next steps for both parties. This involved outlining the student's responsibilities (filing the appeal, preparing submissions, and managing communication) and the client's responsibilities (gathering documents, paying fees, and attending meetings). The mentor then summarized the learning objectives covered by the assessment, which included: client file management , legal research and analysis , strategic planning , and professional communication . This reinforced the real-world application of the task.

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