PROFESSIONAL COURSE IN AUSTRALIAN MIGRATION LAW ASSIGNMENT

QUESTION 1

Scenario:

Aida Merdovic, a 26 year old from Sarajevo, Bosnia, arrived in Australia on a Visitor (Class FA) (Subclass 600) visa and was very excited to explore Australia. She was counting down the days for the COVID-19 pandemic related travel restrictions to be lifted so she could finally come to Australia. The visa was in effect for six months and is due to expire shortly. The visa was granted and has conditions 8101, 8201 and 8503 on it. Aida is a famous Tik Tok star, having gained a global following of fans obsessed with her impressive dance moves in historical places. Aida loved the lifestyle in Australia and in particular Melbourne – her love of coffee added to her attraction to the world’s unofficial coffee capital. Aida made an application for another Visitor (Class FA) (subclass 600) visa last week to extend her stay in Australia before the expiry of her previous visa. However, the Department of Home Affairs has not notified her of the outcome of the application.

Aida met some other travellers at the hostel where she was staying. She has found that most travellers have some sort of social media presence and when they eventually realised who she was, they wanted to collaborate with her in her Tik Toks so they could get more followers. Aida felt pressured to do individual Tik Toks with her fellow travellers and thought to resolve the problem by proposing that they all contribute to one Tik Tok as a large group. Her idea was that they could all attempt a new dance move which had a tricky finale, where everyone would jump in the air and then land on top of each other. This would look good using a particular filter where it would look like everyone would merge into one person. Aida gave very clear instructions on how this should be done to ensure everyone’s safety and also the sequence of who should fall first.

It took many takes to record the perfect Tik Tok. On their thirtieth try, upon the final move, possibly because of fatigue, everyone collapsed in an incorrect order and Aida was crushed under the weight and fractured her spine. She was rushed to hospital and has been advised that she may never walk again and has a long road to recovery. At a minimum, the doctor advised that she would need to remain in hospital for six months. Aida documented her journey with the help of the nurses at the hospital and now has over a million followers post this incident. This made Aida feel better about the situation.

Aida called you today and advises you that her initial Visitor (Class FA) (subclass 600) visa expired two days ago, however, she would like to ensure that she can remain in Australia until she recovers as she plans to return in the future given her new-found fame in Australia. Her second Visitor (Class FA) (subclass 600) visa is still pending. She is seeking your advice as to whether she could make a valid visa application for a Medical Treatment (Class UB) (subclass 602) visa.

Question:

In clear and simple terms, and using footnotes to cite any relevant legislative provisions, advise Aida of the following:

1. What do the conditions on Aida’s visa mean?
2. What is the status of Aida’s application for the Visitor (Cl a s s F A) (Subclass 600) visa in the Tourist Stream?
3. Can Aida make a valid application for a Medical Treatment (Class UB) (Subclass 602) visa and what are the requirements to do so? Prepare any submissions in support of making a valid visa
4. What are the validity requirements for a Medical Treatment (Class UB) (Subclass 602) visa? In your advice, you must relate the facts to the specific legislative

(40 marks, 2000 words)

QUESTION 2

Please locate the migration agent disciplinary case of My-Yen Tran (01/08/22). As discussed in   class, the Code of Conduct was revised, and a new Code of Conduct took effect on 1 March 2022, which can be found in the Migration (Migration Agents Code of Conduct) Regulations 2021.

In the disciplinary decision, My-Yen Tran was found to have breached some of his obligations under the previous Code of Conduct.

You are required to read the disciplinary decision of My-Yen Tran and discuss whether My-Yen would have breached any obligations under the new Code of Conduct which took effect on 1 March 2022 (which can be found in the Migration (Migration Agents Code of Conduct) Regulations 2021) and why? You are also required to identify and discuss how My-Yen might have avoided the circumstances which led to the disciplinary proceedings.