Graduate Diploma in Migration Law
LML6002 – AUSTRALIAN MIGRATION LAW
Assessment Task 2 – Semester 1, 2021
Instructions:
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 35% of the assessment in this unit.
4. Students should note that English expression; grammar and spelling are taken into account in assessment of their answers.
5. SUBMISSION OF ASSESSMENT: Please check the online centre 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 assessment be lodged electronically. This will automatically generate a receipt.
6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer. If a task is received that exceeds the word limit it may be returned to the student.
7. All answers should be supported by reference to the relevant legislative provisions of the Migration Act 1958 and Migration Regulations.
8. A student, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.
9. REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list.
Assessment Criteria
1. Accurate answers to the questions demonstrating knowledge of statutory provisions, case law and applying problem solving skills.
2. Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.
3. Arguments and information are clearly and logically presented.
SCENARIO
Amitabh Sharma, 20, is a citizen of India who arrived in Australia on 1 January 2019 on a Student visa class TU (Subclass 500) which is valid for 3 years. You examine his visa and see that it has the following conditions on it: 8105, 8202, 8501, 8516, 8517, 8532, 8533 and 8534. He tells you that he has been living in Australia with his elderly uncle. After his arrival in Australia, his uncle fell and broke his hip. He was taken to hospital and the doctors have advised Amitabh that, unless there is someone to care for his uncle at home, he will have to be admitted into an aged-care facility as he can no longer care for himself.
QUESTIONS
1. Does the 8534 condition on Amitabh’s visa create any problem if he would like to apply for another visa? If so, what steps can he take to resolve this?
2. Prepare a concise letter to the Minister of Immigration in relation to any steps you have identified in (a).
3. Assuming 1(a) is resolved, can Amitabh apply for an Other Family (Residence) (Class BU), subclass 836 Carer visa in Australia? What are the requirements for a valid visa application?
4. Would it make any difference (for validity purposes only) if Amitabh’s student visa had expired by 3 months and instead of applying for a Carer visa, he decided to apply for a Partner Visa (Class UK/BS)? What are the relevant forms required and what fees are payable for the Partner Visa including any surcharges, if he could validly apply?
Your answers should be supported by reference to the relevant legislative provisions of the Migration Act 1958 and Migration Regulations 1994 including relevant policy.
(35 marks)
(Maximum Word Limit: 2000 words)
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