Graduate Diploma in Migration Law

LML6002 – AUSTRALIAN MIGRATION LAW

Assessment Task 1 – Semester 2, 2019

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 20% 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 and 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

You are a newly registered migration agent and open a business with another registered
migration agent, Cheryl Kong, who you met in class at the Graduate Diploma of Migration Law
course at Victoria University.

A client, Anna Walker, sends you an email seeking your advice. She arrived from Estonia on a
Visitor (Subclass 600) visa, which expired 1 week ago. You look at her visa grant notice and
notice that there are conditions 8101 and 8503 on her visa.

You ask Anna to visit your office to discuss her matter. You charge $200 for the consultation and
you provide Anna with a copy of the Consumer Guide and note in your file that she has received
it. You did not provide her with any other documentation. You ask Anna why she overstayed her
Visitor (Subclass 600) visa and she tells you that she incorrectly thought her visa was valid for 12
months instead of valid for 3 months upon each arrival. Anna thinks that it is confusing how this
visa works and intentionally designed like this to confuse visitors.

Anna completed her Bachelor of Graphic Designs in the UK before arriving in Australia. Anna
has met some really interesting people in Melbourne and now wishes to continue her studies with
a Masters of Graphic Design at Victoria University.

Anna wants your assistance to apply for a Student (Subclass 500) visa. Anna tells you that she
read on a forum online that people without a visa could apply for a Student (Subclass 500) visa
while they were in Australia.

Anna tells you that she chose you in particular as a registered migration agent because you had
assisted one of her friends, Isabella, who was in a similar situation to her. She said that her
friend’s Student (Subclass 500) visa had expired and you were able to assist her. You advise
Anna of some of the differences between her case and Isabella’s and that you actually received
good news last week that Isabella was granted her Student (Subclass 500) visa but you did not
have time to tell Isabella yet as you were very busy. In fact, Isabella’s grant letter was sitting on
your desk. Anna is very happy to hear this and texts Isabella the good news.

You advise Anna that you will finalise your advice and send her a letter of advice by email the
next day. You have also taken a comprehensive file note of your meeting with Anna.

QUESTION 1

Explain, in plain English, by way of a letter of advice, whether Anna would be able to
lodge a valid visa application for a Student (Subclass 500) visa in Australia explaining why
or why not.

2
Scenario continued…

While drafting the letter of advice to Anna, you reflect on your consultation with Anna and
whether there is anything you could have improved on during your consultation. As part of your
reflection, you also consider your obligations under the Code of Conduct.

QUESTION 2

As a registered migration agent, what breaches, if any, would you have committed, under
the Migration Agents Regulations 1994, based on the above scenario?

(20 marks)
(Maximum Word Limit: 1000 words)