Sample LML6003 Migration Law Assignment

LML6003 Migration Law Assignment Sample

SCENARIO

You are a registered migration agent and operate a busy and popular practice. You rely heavily on your client co-ordinator, Anna, to organise your consultations every day and to obtain some brief information about the clients you are scheduled to see. Anna has a very good way of eliciting information from the clients, ensuring they proceed with the booking, but she is careful to never provide any immigration assistance in the process. You look at your calendar and you only have one appointment for today. You look at an email from Anna and it states the following:

Cheryl Lim from Singapore is coming into the office at 1pm today (please remember you have a CPD seminar from 12 noon to 1pm).

You may recall Cheryl as you helped her with obtaining a Student Class TU subclass 500 visa last year to complete a Bachelor of Laws at Victoria University. She has completed 6 months of this course. Cheryl completed the Graduate Diploma in Migration Law at Victoria University and decided at the time she wanted to pursue a law career.

Cheryl is coming into the office today and she wants to know whether she can change her course to a Certificate IV in Cookery instead at Swinburne University in light of her recent passion for cooking which she developed during the lockdown. I have attached her visa grant notice from her file.
You open up the visa grant notice and note that conditions 8105, 8202, 8501, 8516, 8517, 8532, 8533 and 8534 are attached to her visa. Her visa is valid until September 2023.

QUESTION

Prepare a checklist of issues, including visa options, that you would consider in advance of your meeting with Cheryl, based on the limited facts. You must support your answers by reference to the specific legislative provisions.

SCENARIO

You are a registered migration agent. You receive an email from a client, Stan, who wants to meet you for advice about his migration matter. You recall Stan’s name as you met him and his wife very briefly once at a party you attended, and they were very friendly and seemed to be completely smitten with each other. Your receptionist books an appointment for him to meet you at your office at 11am. You decide to review his matter and prepare a memo before you meet with him. An extract of the client’s email is below. “I hope you remember me, I met you at Susan’s birthday party. Susan recommended that I contact you. I think you may have met my wife, Cindy too. It is probably best I give you some background information about Cindy and my relationship. I know many people commented that our relationship was picture perfect, but sadly it is not. I met Cindy in my hometown of Sicily and yes I instantly fell in love with her. I arrived in Australia on a temporary Prospective Marriage Class TO subclass 300 visa about one year ago having been sponsored by Cindy, an Australian citizen. We had a beautiful wedding with a small number of family and friends. Cindy’s brother never liked me, and he heavily influences Cindy’s actions. One evening during a family dinner, we had a disagreement over the results of a soccer game. As you may assume, being Sicilian, I am a passionate supporter of my team. Things escalated and he punched me for no reason other than expressing my views about the referee’s decision which resulted in my team winning. After this, Cindy appeared to take her brother’s side and her temper worsened each day and I was subjected to constant verbal abuse and sometimes physical abuse. Cindy would lose control of her temper over things as minor as leaving the milk out of the fridge for more than 5 minutes whilst I made my coffee. A few weeks ago, she smashed a bottle over my head screaming at me that she hoped that would knock some sense into me. I started bleeding and went to the local doctor/general practitioner (GP), who told me I needed to go to the hospital to get stitches. When the nurse asked me what happened for the medical report, I said that I had accidently tripped over. I did not want to get Cindy into trouble, and I was also fearful of what she and her brother would do if I told anyone what had actually happened. There was a very kind nurse who insisted I call a friend of her’s named Steve. I called Steve not really knowing why, and he was a great support to me as a friend as he had been through a similar situation in his homelife. I found out last week he is also a social worker. Steve encouraged me to let other people know what was going on, so I told Susan who told me to inform you. Cindy’s behaviour is escalating, and yesterday I decided to leave her forever. I am still awaiting a decision on my Partner Class UK/BS subclass 820/801 visa and am unsure what my current visa status is as Cindy has all my immigration papers. I really want to stay here as I feel like there are some wonderful people in this country and after COVID, there are more opportunities here than Italy. If possible, I would like to visit my family in Sicily for a week just to recoup.”

QUESTION

Prepare a memo in advance of your meeting, outlining the following:

(a) What is Stan’s current visa status and can he travel and why?

(b) Is there is anything Stan can do to seek permanent residence and explain the steps required and what additional information you would require to support the application? You decide to do some additional research and come across the following case: Thaworn v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 2133 (27 August 2021).

(c) What are the implications of this case, if any? You must support your answers for assignment help by reference to the specific legislative provisions.

Solution

Several issues may occur in case of the meeting that will occur with Cheryl as a Registered Migration Agent. As per the “Visa Grant Notice”, several conditions have been attached to the visa of Cheryl. The checklist of issues that have been made in accordance with the issues for the visa of Cheryl is below:

As per the issues that have been briefly explained in the checklist, Cheryl will have to acknowledge the issues with respect to the c conditions that have been attached to the visa that she acquired. Condition 8105 has been applied when there has been an absence of any individual in Student 500 visa. The demand of Condition 8105 is that the holders of student visa can work only less than 40 hours each half month at the time in of their course which is within session. This is the principal condition that has been known by several students.

However, several titbits are still present that are essential for every student to know. A permission has not been provided to the student who is the holder of visa to work till the course that has been done by them has commenced and has been within session. The student who is the holder of a visa cannot have the permission for working un limitedly when there has been an absence of their course within the session. The student who is the holder of a visa by whom master has been commenced by research or by whom there has been a persuasion of doctorate course, can be capable of working for unlimitedly after the commencement of research course which is postgraduate.

Therefore, it can be said that Cheryl Lim will not be able to complete any other course that she has chosen for as she has to complete the course of “Bachelor of Laws at Victoria University” as per the titbits of Condition 8105. This comes under the” Migration Act 1958”. The restrictions that come under this Condition will not allow Cheryl to do any sort of work in Australia before the completion of “Graduate Diploma in Migration Law at Victoria University.” While considering the second condition that is Condition 8202 on the student visa, any breach of this specific condition makes it vulnerable in the case of student who possesses the visa to its cancellation.

If there has been an occurrence of cancellation of visa, it will be quite difficult in case of that particular student who possesses the visa and has done breach of Condition 8202. This condition is important in the case of an entire student visa as per the” “Migration Act 1958”. There should be an enrolment of the student within any sort of registered course there should be an enrolment of the student in any sort of registered course which possesses same or higher level as compared to registered course in the case of which visa has been granted to the student.

There should be the maintenance of satisfactory attendance by the student in the course that has been pursued. In addition to that, progress of course in the case of each period of study should be maintained as per the requirement of the education provider of the student. There may be a difficulty while applying for Student Visa 500 as there has been an absence of enrolment in registered courses by Cheryl. Condition 8501 specifically states that there has been a requirement of health insurance in case of the student who has to apply for a visa.

Exact wording that this condition possesses is that there should be a maintenance of adequate arrangements by the holder in the case of health insurance while holder resides in Australia. The association of visas with those visas that are working are “The Temporary Work (Skilled) subclass 457 visa, “The Temporary Graduate Subclass 485 visa and “Most temporary working visas where the primary purpose is to work”. In the case of Cherlyn, the second working visa has been important. This is due to the matter that there has been a desire of change in the course by Cherlyn.

This is against the rules of acquiring a visa in the case of the student who wants to pursue higher studies in Australia by switching from one course to another. In the matter of Condition 8516, there has been a requirement of satisfaction of either the primary, or the secondary criteria as per the requirement of the case so that the visa can be granted. In the case of Cherlyn, she has to meet the requirements that are essential for the switching of one course to another and from one University to another in Australia.

In this case, the requirement is that Cherlyn should possess Student Visa 500. With the help of this, she is able to change her course, however, after completion of the first year of that course that has been pursued by her. Especially, if there has been an initial satisfaction of criteria by any student in the grant of Student Visa 500, then criteria cannot be met on time. However, when there has been a satisfaction of criteria later, there has been a continuation by the student in the satisfaction of criteria. The satisfaction of criteria has been associated with the issues that may be encountered at the time of issuance of visa.

Condition 8517 has been imposed on the visa holders who are students on the student visa that they possess. In the case of Cherlyn, there has been an applicability of Student Visa 500. There must be a maintenance of adequate arrangements by the holder in the case of education of the School Age-dependent of that holder who lives in Australia above 3 months. In this case, adequate arrangement refers to proof of financial stability. As per the Condition 8532, if the age of the holder of student visa is not 18 years, then, the holder has to reside with parents whose age is 21 years and have a good character.

Arrangement of accommodation, general wellbeing, as well as, support of holder should have to be approved by education provider possessed by the holder. There should not be any entrance by the student in Australia before nominated date given with the help of education provider. Hence, age of Cherlyn has to be checked otherwise there may be an issue in entering Australia as per this condition. As per the Condition 8534., only Subclass 485, 590 and Protection Visaswill be granted. In the case of Condition 8533, no issue will be there for Cherlyn.

Question A

To Immigration council
From XYZ
Date: 05/09/2022
Sub: Memo for requesting permanent residency in Australia

Respected sir/ madam

I would like to inform you that I am very happy to submit this reference letter that I am able to immigrate to Australia. I met Cindy in my hometown of Sicily and yes I instantly fell in love with her. One evening during a family dinner, we had a disagreement over the results of a soccer game. r. I am still awaiting a decision on my Partner Class UK/BS subclass 820/801 visa and am unsure what my current visa status is as Cindy has all my immigration papers. I hope that will you feel free to contact me with any additional questions or concerns.

Yours sincerely

XYZ

In this case, Stan cannot be able to travel as the current visa status has been dependent upon the “Form-I 765 “. In this case, the person who wants to travel to any other country from Australia to any country has to carry the immigration papers with him or her. However, in the case of Stan, there has been a difficulty in carrying those papers as they are in the hands of his wife. It will be quite difficult for him to be in another country as there has been a continuation of conflict in the middle of his wife and him. In addition to that, as per case scenario, it has been understood that the brother-in-law of his wife, Cindy will not allow her sister to give the papers to her husband. This may occur as he may want to harass Stan in case of visiting Sicily with his family. If Stan is able to visit his family in Sicily, then, the matter of conflict in the middle of both his wife and him may get sorted out. However, the brother of Cindy has not no intention to sort out the conflicts that have already existed in the middle of them.

In addition to that, there may be a possibility of filing a case against Cindy and her brother by their family members of Stan. This may happen as Stan has been tortured both mentally and physically by his wife and his brother-in-law regularly. Moreover, in order to get the immigration papers back from his wife, Stan has to file a case against her under the “Australian Visa Classes''. However, Stan does not want to do that and hence, it will be troublesome for him to travel to Sicily and to meet his family for recouping.

Stan cannot be able to travel as the visa about which he has given the description allows both the partners to travel together. Hence, in the case of Stan, it is mandatory to take Cindy to the palace where he wants to and has to travel. In addition to that, another condition in the case of this visa is that there has been a requirement of the permission of the partner for traveling to any other part of the world as the partner has equal rights as the holder has. In the case of Stan, Cindy will definitely not provide any sport of permission to meet to family who reside in Sicily. Moreover, there has been an issue in the case of Stan if he has a thought of asking permission for travel from Cindy. The issue is that Cindy will get to know the fact that there will be a matter of recouping in the mind of Stan with his family which is the only reason for him to meet his family. After knowing the fact, Cindy will not give permission to Stan which will become problematic for Stan to meet his family members in future.

Question B

There are three ways to get a permanent residency: the provincial nominee program, the express entry system and family sponsorship, which is the simplest way to get permanent residence in Australia. Stan can do any of them to get a permanent residency which is registered by an individual migration agent. The express entry system has initiated in the year 2015 which also required job offers. During the same time, migration agents are checking the eligibility which leads to permanent residency. According to section 318 of the migration act, individual applicants are lawfully admitted to the country when their residence status is more than 5 years. Apart from that, the eligibility criteria are checked by the migration agent and after completing the criteria they are eligible for the visa confirmation. During the same time, designated authorities are trying to evaluate several PR processes in the processing time.

Required Steps:

In order to, get permanent residency in Australia migration programs and some other rules are necessary which have to be fulfilled by the individual applicants. Applicants have to be more than 45 years and the work streamand applicant have to pass the English language test to get a proficiency certificate.There are five crucial steps to getting a permanent residence which is listed below:

Figure 1: Process of migration law
(Source: Stevens, 2019)

Skills assessment

In order to, ensure the work experience and educational skills of the applicants' a skill assessment is mandatory. Each occupation has different skills such as trade occupation, engineering occupation and migration agent can check the criteria as per requirement . Educational and work experience are required which have to pass by the applicants. Apart from that, employment skill assessment is a crucial stage that has to be passed for permanent residency. An individual applicant can apply for lawful admission to the country if their residence has been in the country for over five years, according to section 318 of the migration act.

Visa requirements

A specific test is crucial for individual applicants who are nominated by the regional nominated visa. The territory government is choosing the nominee for a visa holder and who has to be filled these roles. There are some important steps of visa requirements such as occupation lists, family stream, and work stream or other options which have been considered by the Australian employer sponsorship. A skills assessment report has been tested during the application and government-certified authorities are examining the health and character of the applicants. In order to, pas the key requirements are mandatory to get permanent residency in a specific country.

Occupation

Occupation is the important and first step which is required for permanent residency which is educational and work experience. All positive skills are required, which are checked by the government authority. The general skilled migration visa is eligible after identifying which occupation matches at a certain time. The legal residence status is five years for permanent residence which is not applicable not all citizens. LPR (Lawful permanent residence) isAlso known as who is lawfully authorized to permanently live within the country.

Lodge visa application

After receiving the state nomination actual visa application through the immigration account government are trying to checking the current status of applicant. All the personal documentation such as work experience, and educational documents are the main evidence that is needed to provide to lodge a visa application which is considered the final application.

Additional information

Besides the application history, some additional information is also required to support individual applications such as relocating to the city, and company-based information. Educational criteria are required for a personal reason which is additionally supporting the individual documents. Sometimes professional certificate references from colleagues as well as technical and language skills are also important. Apart from that, it is the important conditions that are considered by the holistic approach that sometimes secure a position which is represented by accurate professional certificates. In 2015, the express entry system was launched, and job offers were also required. Client testimonials are positively supported by the individual who is considered a formal recommendation for full-time employees. Sometimes formal details of the individual clients are used as legitimacy proof which is important to develop the professional careers of the applicants.

During the same time, employment duration is mandatory as an additional information system which is effectively leading to a successful work permit. The minister for immigration, citizenship, migrant services and multicultural affairs first respondent administrative appeals tribunal is the second respondent which is evaluated by the Migration act 1958. The ministry for implications and multicultural affairs is trying to identify the same reason such as good character, which comes under the refugee review tribunal of 1998. In order to, seek permanent residency this additional information is required for individual applicants and there are explain some crucial steps to identify the progress of the permanent residency.

Question C

Eligibility to apply for citizenship

The major benefits of being a permanent resident such as there are no boundaries to keep renewing a residency permit, and continuously checking the legal status. Apart from getting confirmation applicants easily access the job market, full-time location in the country as well as the right to return to Australia. Three are some major benefits of social security such as employment benefits, and an advantage during sickness, which is comes under the social security act of Australia. Unemployment is considered a major difficulty for the individual residents as well as visa category overseas individual skilled workers. The industrial laws are equal for the permanent resident, compensation benefits are easily got for the same reason and more job opportunities in the future. During sickness, entitlement to Medicare is considered a crucial facility for permanent residents.

Access to the “primary and secondary government scheduling” is not applicable for the temporary resident however that might be depending on the government or the other migration authorities. The implementation strategy has been considered by the government of the country after confirming the permanent resident. This implementation strategy has been considered by the government or migration authority to identify or improve the major benefits. Skilled workers are trying to identify the major benefits which are engaged by employer sponsorship. As a permanent residency, there are some pathways that have to be followed by the individual resident that can able to maximize the future scope. Under the refugee review tribunal of 1998, the ministry for implications and multicultural affairs is trying to identify the same reasons under the category of good character.

Eligibility to receive future scope

There are some legal pathways that have to be followed by the applicants to get a permanent president. Skilled workers are required to identify the benefits which areneeded to be followed by the resident such as the legal pathway which is mandatory to receive future scope from the government. The major benefits are required to involve the implication strategy and that need to be followed to improve the relationship among the legislative committee. Apart from that, the eligibility criteria have been explained for permanent residents and that is able lead to get economical opportunities over the country. The future scope is received from the government is to improve public service skills during the same time. The final implications are considered when a resident is permanent or involved in the multicultural society which is contributed to a wonderful living experience.

For the permanent resident, several legal pathways have to be followed by the individual and that can able to identify how to maximize the major benefits and government has complete the specific process after issuance of the permanent visa. A skilful person is trying to identify all the opportunities which have been provided by the government and that are needed to improve the business benefits of the country in the future. There is some time needed some time to identify how to maximize future opportunities after getting permanent residence. Individual testimonials are considered formal recommendations for full-time employees when they are positively supported by the client. Some mandatory registrations are defined by the state authorities and that can able positively lead to future benefits. In order to, get permanent residency some internal authorities find out the major benefits which are usually required for future opportunities.

Improved multicultural environment

A multicultural environment is able to be identified by the permanent resident and that can be involved by the individual governments. A multicultural environment is required to entertain individual residents which are provided by the government after completing the migration process. During the same time, higher education loans have been guaranteed for the permanent resident which is including basic benefits to encourage individuals.

Reference list