Graduate Diploma in Migration Law

LML6003 – AUSTRALIA’S VISA SYSTEM 1 (FAMILY AND OTHER

VISAS)
Assessment Task 1 PART A – Semester 1, 2024

NOTE: TASK 1 COMPRISES TWO PARTS – PART A – SHORT ANSWER

QUESTION AND PART B – MULTIPLE CHOICE QUESTIONS TO BE
COMPLETED ONLINE AT THE END OF THE UNIT.

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 10% 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.

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

SCENARIO

Mary Chau, a 30 year old citizen of the People’s Republic of China (PRC), has always been a high
achiever, taking after her mum and dad, who are both Professors in Law at the University of Beijing.
Mary studied a Bachelor of Law (Honours) as well as a PhD in Law at the University of Canberra. Mary
returned to the PRC and worked at the University of Beijing as a Research Fellow in the Department of
Law. Mary was happy to comply with her parents’ wishes of becoming a Professor at the University, but
secretly, Mary’s dream was to work in aged care as she did not have a chance to meet her grandparents
as they passed away before she was born. Mary feels like she gets along better with elderly people
than with people her own age and would like to help them in the latter stage of their lives.

Mary has been in continual contact with a fellow researcher she met in Australia, Donald, who is a
national of Argentina. Donald is still in Australia completing his residency at the University of Canberra.
Unfortunately for Donald, the distance from his wife took a toll on their relationship and Donald recently
told Mary that his relationship with his wife had ended. Mary has been helping him through the breakup
and they have become quite close. Donald told Mary that the silver lining of breaking up with his wife
was that he could pursue other relationships and that he had always fancied Mary.

Mary could not believe what she heard and applied for a Visitor (Subclass 600) visa in the Tourist
stream so she could go and visit him in Canberra. She was granted the visa a few weeks later with no
8503 condition attached to it. Mary arrived in Australia and Donald met her at the airport. They have
both decided that they want to take the relationship further.

Now that Mary is in Australia and has had some time away from the PRC, she decides that this is the
perfect time to enrol in a Diploma of Aged Care at Victoria University as she really wants to stay here
in Australia with Donald and does not wish to return to the PRC. Mary forgot to renew her Visitor visa.
Mary has not been able to obtain a letter of offer or Confirmation of Enrolment before her Visitor
(subclass 600) visa ceased.

QUESTION

Mary consults you, a registered migration agent, 31 days after her Visitor (Subclass 600) visa
ceased to be in effect, about the following:

(a) Can she apply for a Student Class TU (Subclass 500) visa assuming she enrols in the
Diploma? Explain why/why not?
(b) Can she apply for a Visitor (Subclass 600) visa? Explain why/why not?
(c) If Mary asked you what were the prospects of success for each of her visa applications, what
would be your answer, taking into account your ethical obligations?

You must support your answers by reference to the specific legislative provisions.

(10 marks)
(Word Limit: 1100 words)