LML 6002 Diploma In Migration Law Assignment

1. Su Ling, a PRC national, has just finished a course in nursing from the South China University of Medical Sciences (SCUMS).  She wants to come to Sydney to do a bridging course in order to gain registration as a nurse in Australia.  Her father, a high ranking official in China, would be funding her studies in Australia. 

• What form must she use for her student visa application? 

• What is the first installment visa application charge for the student visa?

• How must Su Ling submit her application for the student visa?  

2. Su Ling was successful in her application for a Student (subclass 500) visa, which carried the 8534 visa condition.  When she finished her course, her parents came to Australia on a Visitor (subclass 600) visa to attend her graduation.  Their visa did not carry any 8503 condition.  Whilst they were in Australia, they wanted to make an investment of $5 million in Australia and apply for a Business Innovation and Investment visa (subclass 188) in the Significant Investor stream and wanted to include Su Ling in their application.  Su Ling is now aged 22.

• Would Su Ling qualify as a dependent child of her parents?

• What does the 8534 visa condition mean?  

• Under this condition, would Su Ling be permitted to apply for the 188 visa as part of her parents’ application? 

3. In regard to the application for the Business Innovation and Investment visa (subclass 188) in the Significant Investor stream by Su Ling’s parents: 

• What must they achieve first before they are able to lodge a valid application?  

• What form must they use for the business visa application.

• How must they lodge their application for the visa?  Are they permitted to lodge the application onshore while they are holding a visitor visa?

• What are the first instalment visa application charge(s) they needed to pay for the business visa application?

4. Six months later, Su Ling’s father’s assets in China were liquidated in an apparent crackdown on suspected ‘corrupt officials’.  Consequently they no longer have access to the $5 million required for the Business Innovation and Investment visa (subclass 188) in the Significant Investor stream, and their visa application was promptly rejected.  By this time their visas, including Su Ling’s student visa, have expired. 

While she was studying her nursing bridging course in Sydney, Su Ling befriended an Australian male nurse Ian and last week, Su Ling and Ian got married.

• In this situation, can Su Ling apply for a visa to remain in Australia on the basis of her marriage to Ian?

• What forms must be lodged by Su Ling for her application to be valid in this situation?

• What is the first instalment visa application charge for this visa?

5. In what parts of the Acts and/or Regulations would you find the following defined terms or an interpretation of them? 

• Spouse 
• Refugees Convention
• Prescribed qualifications
• Vocational English
• Non-disclosable information
• Eligible non-citizen

6. Jimmy Wu arrived two weeks ago from China on a tourist visa (class FA, sub class 600), which has an ‘8503 No Further Stay’ condition.  His visa was valid for 3 months from the date of arrival.  Just before the expiry of the visa, Jimmy applied for another tourist visa.  Two days ago a letter from the Department arrived advising him that his application was invalid.  Jimmy has also just fallen madly in love with an Australian citizen named Heather and they just got married.  His tourist visa will expire in 10 days. 

• Why is the application invalid?
• Is Jimmy subject to s.48 of the Migration Act?
• What are Jimmy’s options?

7. Angela arrived in Australia from the United Kingdom on an Electronic Travel Authority yesterday.  She arrives at your office today and states that she intends to apply for a Class UK/BS sub class 820/801 Partner Visa.  She met her boyfriend on the aircraft and it was love at first sight. 

• What are the requirements to make a valid visa application?
• Would it make any difference if Angela was from Vietnam and she had an 8503 condition attached to her tourist visa?

8. Kamal Abbas arrived two weeks ago from Lebanon on a Tourist (class FA, subclass 600) visa, which has an ‘8503 No Further Stay’ condition.  His visa was valid for three months from the date of arrival.  Kamal immediately applied for a Protection visa (Class XA, subclass 866) upon his arrival in Australia.  In his application he did not include his address, as his migration agent had advised him that it would be more convenient to use her office address for correspondence purposes.  Two days ago a letter from the Department arrived at his migration agent’s address informing Kamal that his application is invalid.  Kamal has also just fallen madly in love with an Australian citizen named Margaret and they plan to get married in 30 days.

What are Kamal’s options, assuming he holds a valid tourist visa?  Do not assess the merits of the case.  Examine the question from a validity perspective.

9. Ms Eva Salauca is a citizen of Fiji who came to Australia on a Tourist (Class FA, subclass 600) visa to visit family members.  She arrived two months and 20 days ago, and has ten days left on her current Tourist (subclass 600) visa, which is valid for three months and is subject, amongst other conditions, to condition 8503.  She is currently approximately eight and a half months pregnant, and is unfit to travel.  Ms Salauca wishes to apply for a medical treatment (Class UB, subclass 602) visa, to enable her to remain in Australia for the birth of her child and the immediate post-natal care.  She has no intention of staying in Australia permanently.

Although several months pregnant at the time of arrival in Australia, Ms Salauca did not envisage that there would be any difficulty in her travelling prior to the birth of her child.  She has already booked two flights due to depart within the three months as prescribed by her visa.

However, now heavily pregnant with an expected delivery date just after the expiry of her visa, Ms Salauca has been assessed as unfit for travel by her treating physician.  Her treating doctor from the Royal Women’s Hospital in Ballarat, Victoria, has assessed her as unfit for travel.

Air Fiji’s current policy also only permits pregnant women more than 32 weeks pregnant to fly if cleared in writing by their doctor as fit for travel.

• Can Ms Salauca apply for the medical treatment (Class UB, subclass 602) visa?

• Draw your submissions in support of the application for a waiver of the 8503 condition to the Department.

10. Johnny Wong is a Chinese citizen who came to Australia on a Visitor (Class FA, subclass 600) visa in the Tourist stream.  Just before his visa was about to expire, he rang Immigration in Brisbane to say he was currently backpacking in Mount Isa, and he was requesting that he be given an extension of four months.  He then quoted his Visa card number over the phone.

• Can he do this?  Was Johnny’s visitor visa application a valid application?

• If Johnny did not hold a valid visitor visa at the time of application would the application be valid?