Analyse of Australian Migration Law

PURPOSE

The purpose of this assessment is to assist students to contextualise their learning and using theoretical knowledge in a practical and real-life situation. Students are asked to use critical thinking and reasoning to suggest a solution to a factual problem or problem.

This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses the following learning outcomes:

1. Locate, navigate and interpret Migration legislation and identify the role of policy
2. Demonstrate knowledge of visa application and processing including types of visas, validity, criteria, and conditions
3. Strategically analyse and assess client's visa eligibility
4. Research, formulate, and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.

SCENARIO

You continue to work at migration firm Addy's Aussie Agency, supporting a busy migration agent (Adelaide Hobart) with her clients. You have since heard back from Heather and Anton about a way forward (all details contained within Assessment 2 are relevant here).

Anton has now been granted a Condition 8503 waiver. Anton and Heather have registered their relationship and Anton has made a valid application for a subclass 820/801 visa, with Heather as his sponsor.

Anton's knowledge of and experience in international finance has come to the attention of an acquaintance of Heather's, who would like Anton to attend a job interview.

Question 1Anton wants to know:

1. What visa does Anton hold?
2. Does he have permission to work? What does "work" mean for the purposes of the Act and Regulations?
3. If Anton is not currently permitted to work, can he get permission to work, and if so how?

Write an email to Anton addressing the above questions in detail. (you should set out each point under sub-headings that were appropriate). Your email should set out your advice, with reference to the legislation and relevant policy (you should footnote your references

Question 2Anton's younger sister Emilija (16 years old), who is also a Lithuanian citizen, wants to visit Anton in Australia. Anton wants to know what is her best visa option?

Write an email to Anton addressing the above questions in detail. (you should set out each point under sub-headings that were appropriate). Your email should set out your advice, with reference to the legislation and relevant policy (you should footnote your references).

Question 3While Emilija is in Australia, she, Anton, and their parents express an interest in Emilija completing Year 12 in Australia. McKillop College in Canberra has a good program for overseas students, and they have offered Emilija a place for Years 11 and 12, contingent on her obtaining an appropriate visa.

Anton wants to know:

1. Can Emilija apply for a student visa while in Australia?
2. Regardless of whether she has to leave Australia to apply or not, what criteria does Emilija have to meet to be granted a student visa?

Write a formal letter of advice addressed to Anton discussing the above questions in detail (you should set out each point under sub-headings that were appropriate). Your letter should set out your advice, with reference to the legislation and relevant policy (you should footnote your references).