ASSIGNMENT TWO (20%)
To pass this Course, you must meet all Course requirements and achieve a mark of at least 50% in the combined Assignment marks.
Question Description Word Limit Marks
1 Short answer 250 5
2 Letter of advice (Client file) 750 15
Total 1000 20
It is your responsibility to ensure that you are familiar with all details about assessments (such as policies addressing late penalties, academic honesty, extensions and so on) as outlined in the Program Outline section of the course Wattle site. Ask your Convenor if you are unsure.
SUBMISSION INSTRUCTIONS AND DUE DATES (ALL TIMES ARE IN AEDT)
You must submit your written work electronically on the Wattle site by 11.55pm, Monday 23 March 2015.
• Write your Assignment in a Word document
• Save the document as: your surname_your student ID_8167Assignment_2.docx
• Put your Student Number in the top right hand corner of every page
• Number each page (e.g. 1 of 2, 2 of 2 etc)
• Upload your completed Assignment into the submission box in Wattle.
Note: Should you have a technical problem when uploading your assignment, do not panic. Email your Convenor as soon as possible explaining the problem.
Note: your answer must be entirely your own work, and appropriate referencing must be included.
You are reminded that the ANU Code of Practice for Student Academic Honesty applies to all assessments in the Graduate Certificate (available at:
http://academichonesty.anu.edu.au/UniPolicy.html). You should ensure that you are familiar with University rules and policy in relation to Academic Honesty.
The Code states:
Academic Honesty is the principle that students' work is genuine and original, completed only with the assistance allowed according to the rules, policies and guidelines of the University. In particular, the words, ideas, scholarship and intellectual property of others used in the work must be appropriately acknowledged.
Note that -work- above includes not only written material, but in addition any oral, numerical, audio, visual or other material submitted for assessment.
Breaches of academic integrity include plagiarism, collusion, the fabrication or deliberate misrepresentation of data, and failure to adhere to the rules regarding examinations in such a way as to gain unfair academic advantage.
You must use correct legal citation at all times. Use the ‘Guide to Legal Research and Citation’ which is available on your course site.
You need to refer to relevant provisions of the Migration Act 1958 (Cth) (the Act), Migration Regulations 1994 (Cth) (the Regulations) as well as relevant policy and/or case law to support your answers.
CLIENT FILE (1000 WORDS, 20 MARKS)
So far in the Course we have worked through Client File Activities 1 to 4. This question forms Client File Activity 5. To answer this question, make sure that you have worked through the earlier Client File Activities.
With your help, Sam Andrews was granted a Class BS subclass 801 Partner Visa. He is delighted to now be an Australian permanent resident.
Sam’s daughter, Beatrix Mahoney, has come to Australia to visit her father three times in the last couple of years. Fortunately Beatrix’s mother, Katie Mahoney, has completely recovered from her period of depression and Beatrix continues to live with her mother in Ireland.
Yesterday you received this email from Sam:
Beatrix and her mother Katie have been enjoying their holiday in Brisbane.
Adam, Katie and I have been talking at length about Bea’s future and wish we could spend more time living together in Australia.
Beatrix wants to stay here and live in Brisbane with me. So we (that is Adam, Katie and I) thought now would be a good time to apply for a permanent visa for Beatrix. If Adam or I sponsor Beatrix for a Child Visa, could we include Katie in the application?
So can you help with the next move? We are keen for Beatrix to enrol at the local high school straight away. She has already looked at the QUT prospectus for 2016.
You speak to Sam over the phone and are able to establish the following facts:
• Beatrix will turn 18 on 20 April 2015. She is still in high school.
• Katie is 41 years old, single and is permanently employed as an engineer by a large construction firm in Dublin.
• Katie and Beatrix both hold Visitor (Class TV)(Subclass 651) eVisitor visas that will expire in two months’ time. The conditions imposed on their visas are 8115, 8201, 8527 and 8528.
Answer the following question:
• If Beatrix were the main applicant in a Child visa application, could Katie Mahoney be included in the application? Explain. (250 words, 5 marks)
Sam and Katie came into your office and signed a Client Service Agreement with your firm in which you agreed to provide ongoing migration advice and assist in preparing a permanent residence visa for Beatrix. Katie tells you it was kind of Sam and Adam to offer to help her migrate to Australia but she wants to go back to Ireland.
Write a letter of advice that addresses the validity criteria for a Child Visa in Australia. (750 words, 15 marks)
Your answer must address whether or not Beatrix’s current visa status or visa conditions prevent her from making a valid visa application for a Child Visa in Australia.
You are not required to address issues relating to dependency or any of the eligibility criteria for the grant of the visa. You may assume that Beatrix is Sam’s dependent child and that he has full custody of his daughter.
ASSESSMENT CRITERIA – ALL QUESTIONS
Ensures that all aspects of the legislative requirements are addressed
Accurately identifies and applies relevant policy
References correctly and refers to the relevant legislation and policy where appropriate
Presents information clearly and logically in a businesslike manner
Displays professional submission in the layout, grammar and spelling