Graduate Diploma in Migration Law

LML6004 – AUSTRALIA’S VISA SYSTEM 2 (ECONOMIC)

Assessment Task 2 – Semester 1, 2023

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 assessments be
lodged electronically. This will then automatically generate a receipt.

6. WORD LIMIT: Word limits are indicated for questions and should be adhered
to with each answer.

7. All answers should be supported by reference to the legislative

provisions.

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

interpretation, legislative and regulatory provisions 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.

4. Demonstrated understanding of principles and values of a registered

migration agent.

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SCENARIO

Bubble Bubble Toil and Trouble, also referred to as Bubble Bubble, is a bubble tea
distributor in Box Hill, Victoria. Bubble Bubble has been wildly popular, as their tea is
specially formulated to include many health benefits. Bubble Bubble hire food
technologists to assist in these formulations.

Stephen Hung, off the popular Netflix show, is one of the directors and shareholders
of the business. He tells you that the business is very profitable, with an annual
turnover of approximately AUD$3 million over the last three financial years. The
business recently purchased another two warehouses and plans to expand their
business to interstate and New Zealand given its popularity.

Cherie is a Chinese citizen, a social media influencer, and Advertising Manager.

Cherie has visited Australia many times in the past last five years through a number
of Visitor visas and a Student visa to undertake English courses. She most recently
arrived in Australia 7 months ago. She has worked as a Food Technologist at Bubble
Bubble for the last 3 months. Cherie currently holds a Prospective Marriage Class TO
(subclass 300) visa, but she has advised Stephen that her relationship with her
fiancée has recently ended and she needs to explore other visa options so that she
can remain in Australia to work for Bubble Bubble. Stephen is very keen to keep
Cherie due to her social media presence which is indirectly great for Bubble Bubble.

Stephen comes to see you, a registered migration agent, for advice on whether he
can sponsor Cherie for a Temporary Skill Shortage Class GK (subclass 482) visa.

Stephen informs you that Cherie has a Bachelor of Marketing from Peking University.
In China, she worked for another bubble tea company for one and half years as an
Advertising Manager but moved to Australia for love which unfortunately did not work
out. She completed an IELTS test two years ago and achieved 5.0 (writing), 4.0
(listening), 5.0 (reading) and 4.0 (speaking).

He also informs you that six months ago, a disgruntled employee complained to F air
Work about being underpaid over a one-year period, five years ago. Fair Work
conducted an investigation and found that there had been widespread underpayment
affecting 10 employees over the same period. Stephen explains that initially Bubble
Bubble denied the mistake, but eventually cooperated with the investigation and
immediately organised backpay for all the affected staff. As a result of the incident,
the business reviewed its processes. The finance department underwent extensive
training in relation to payroll and the applicable awards and a new computer system
was implemented to ensure that this mistake never happened again. During the
process however, two people in finance and one person in the marketing team were
made redundant last month. In light of Bubble Bubble’s voluntary rectification
measures, Fair Work decided to issue a letter of caution as a formal warning, without
any penalties. Stephen is concerned about the implication of this if he sponsors
Cherie.

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QUESTION

You are required to prepare a letter of advice for Bubble Bubble Toil and
Trouble, which answers the following questions that the client has asked you:

(a) If Bubble Bubble decides to sponsor Cherie, will there be any hurdles
stemming from Bubble Bubble’s past mistakes?
(b) What are the labour market testing requirements that Bu b ble Bu bble will
need to satisfy?
(c) Are there any risks or concerns that you have about Cherie’s ability to
satisfy the visa application criteria?
(d) What are the prospects of success of the sponsorship, nomination and visa
applications based on the facts in the scenario?
(e) If Cherie is granted the visa, will Bubble Bubble be able to sponsor her for a
permanent visa?

You must support your answers with reference to the sp ecific le gislative o r
regulatory provisions.

(35 marks)
(Maximum Word Limit: 2200 words)

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