Migration Law E-Mail Based Question

QUESTION. You are a first year migration agent working at the busy migration firm in Australia. Your supervisor has received the below email from a new client that they conducted an interview with last week:

Email received on 16 May 2022 at 16:35

Dear Agent

Thanks so much for taking on my case. I am really excited about the prospect of becoming an Australian citizen at last!

As you know, I've been in Australia as a permanent resident since 29 April 2018, when I was given a skilled visa. You asked me for an overview of my international travel since that time. Here is a quick run down:

• 18 December 2018 until 4 January 2019 a trip home to the USA
• 4 May 2019 until 23 May 2019 a holiday to Bali
• 2 November 2019 until 1 March 2020 a study trip and holiday in Europe
• 15 December 2021 until 31 January 2022 a trip home to the USA

Will that cause any issues for my application?

There was something else I probably should have mentioned when we met but it is a bit embarrassing.

You see, at the end of 2020 I was out at a work Christmas party and had a few too many drinks (you know what it's like!!) anyway we were in Sydney CBD and I was with a few of my colleagues when some other guy started insulting me about my American accent. It was totally unprovoked but it made me really mad. Next thing you know, I'm in the police lockup and being charged with assault. It went through the courts and I was given a suspended sentence (6months) and a good behaviour order for two years. The lawyer told me that I was lucky because a crime like this can get up to two years prison time!

I guess I'm worried now because one of my mates told me this could impact the citizenship process. I remember when I applied for my skilled visa, that the Character Test only applies to people who get a 12 month jail sentence. Is that right for my citizenship application as well? I hope so but I need your advice.

Will this affect my application??

Thanks Agent, I'm so glad I have you on my case!

Cheers

Ash Rutherford

Your supervisor has asked you to do some research and provide her with a file note in preparation for her next meeting with Ash. She tells you that she is confident that Ash will be able to apply for Australian Citizenship by conferral under s21(2) of the Australian Citizenship Act 2007 (Cth).

In your file note, you need to do two tasks for your supervisor

Using the dates Ash has provided in the email, calculate whether or not Ash meets the Residence Requirement as set out in theAustralian Citizenship Act 2007 (Cth).

Outline the character requirement that would apply to an application by Ash for conferral of Australian citizenship under section 21(2) of theAustralian Citizenship Act 2007 (Cth).Your supervisor is particularly keen to point out how these requirements differ from the character test under theMigration Act 1958 (Cth).

• Compare and contrast the character requirements under section 21 of theAustralian Citizenship Act 2007 (Cth)with the character requirements that would be applicable to a permanent skilled visa application as set out in theMigration Act 1958 (Cth)
• explain the approach you have used to interpret the character requirements under both Acts, including any legislation, policy and case law you have used in conducting the interpretation;
• provide a summary in your own words of each character requirement, and explain how they differ;
• set out your initial assessment as to whether Ash would face any difficulties in their Citizenship application, in light of the circumstances reported to you in the above email.

You are not required to consider any of the other requirements for citizenship.

For the purposes of this assessment you are not required to undertake any legal research as to the criminal aspects of the case as presented by Ash.

QUESTION 2. Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 is an important case that covers many matters relevant to your study of immigration law.

In essay format, discuss why this case is relevant to the materials you have covered in LAWS503.

In answering this question, provide examples and explanations of how the case highlights the operation of Australia's legal system, and in particular, migration law, and refer to issues discussed in your course material.

QUESTION 3. It is May 2022 and the Australian Government has just signed a new international treaty on the rights of Migrants and Refugees. Among other provisions, the treaty provides:

Article 45. Member States must not charge potential migrants a fee for assessing their eligibility for a visa

You work at a migration firm, Globus Visas, for a well-known migration agent. A News Limited journalist has just contacted your supervisor to ask for a comment on whether this treaty means it is now illegal for the Australian Government to impose visa application charges.

Your supervisor has asked you to write a short file note explaining:

1. The legislative basis in the Migration Act and subordinate legislation that currently provides for the imposition of visa application charges; and
2. What impact, under Australian law, the government's decision to sign the new international treaty will have.