Graduate Diploma in Migration Law
LML6003 – AUSTRALIA’S VISA SYSTEM 1 (FAMILY AND OTHER VISAS)
Assessment Task 2 – Semester 1, 2022
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 20% 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. If a task is received that exceeds the word limit it may be returned to the student.
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.
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.
4. Demonstrated understanding of principles and values of a registered migration agent.
Petra Shah, aged 20, came to Australia from Iran on a student (500) visa to study a degree course in Engineering at Victoria University (VU). This was the first time Petra was away from her family and found it difficult to manage her studies and her social life. Unfortunately, she failed many subjects towards the end of her degree and was recently given notice by VU that unless her academic performance improves in the current semester, the University will have no alternative but to terminate her enrolment and inform the Department of Home Affairs about her failure.
However, Petra found it difficult to concentrate on her studies as she had fallen in love with a local surfer, Mick, in Torquay when she went on a tour of the Great Ocean Road region. Petra told Mick about her difficulties in studying, to which he said “she’ll be right, stress less love.” Although Mick enjoyed Petra’s company, he did not love her the same way and just saw her as a friend. He told her this, but Petra simply thought he was playing hard to get.
Mick told his friends about Petra’s situation and they told him he could make some money out of this situation. Mick wanted to open his own surf school and thought the arrangement could be mutually beneficial. The next day, Mick told Petra he had worked out a way for her to stay, as he could marry her and she would become a permanent resident. The only catch, Mick said, was that he would only do it if Petra paid him $10,000 for his efforts. Petra did not seem phased by Mick’s proposition as she had money in the bank and thought that Mick had also fallen in love with her. Petra accepted Mick’s proposal very quickly and hugged him tightly.
Would Petra and Mick be committing any offence and what are the penalties, if any, under migration law, if they proceeded with the marriage and Mick’s proposition?
Petra and Mick got married. Before they got married, Mick asked Petra for the money and also explained to her again that he did not love her and that this arrangement was to help each other. Petra then realised that Mick did not love her, but thought over time he may learn to love her and that she also did not want to return to Iran without completing her studies. She moved into Mick's apartment in Torquay and last month, her student visa expired and she had not successfully graduated from her course. Two weeks ago, Petra applied for the Partner (820/801) visa and the current processing time is 20 to 24 months on the Department of Home Affairs’ website. Life was looking rosy and Petra used her time to socialise instead. During this time, she became very close to one of Mick’s friends, Freddy.
What is Petra’s current visa status and what conditions would apply to her visa?
Mick heard about Petra’s blossoming friendship with Freddy and became very angry and felt like he had put up an act for her but she was now embarrassing him. Mick went to the local pub, where he was taunted by his friends about Petra and Freddy. These friends did not know about the financial arrangement he had with Petra.
Mick came home late one night very intoxicated. When Petra asked Mick what he had been up to, he just laughed in her face and said what he does is none of her business, reminding her that her ability to stay in Australia is entirely due to his efforts. Petra got very angry and yelled at him. In a moment of anger, Mick pushed her across the room and Petra hit her head against the TV unit.
Their argument was so loud that it was heard by their next door neighbour, Celeste, who is a nurse at the Geelong Hospital. Celeste came to Petra's aid, tending to her wounds and eventually took her to the Geelong Hospital’s Emergency Department to get her properly treated by the doctor on duty.
After being discharged from hospital, Petra told Celeste she was not going back to Mick’s house but would rather go and see Freddy instead. Celeste advised Petra to report Mick's assault to the police, but Petra had decided against it, not wishing to involve the law. Celeste then took Petra to a women's refuge while this mess with Mick was sorted out. Celeste also suggested that Petra seek professional advice from a migration agent about her visa status. On this advice, Petra attended your office today and told you what had transpired but did not disclose the financial arrangement between her and Mick.
Explain to Petra her options regarding her Partner visa now that she and Mick are no longer living together (assuming that you are not aware of the financial arrangement between Petra and Mick relating to their marriage and that their marriage is genuine).
If, after you provide her advice in relation to question (3), Petra, as your client, confides in you about the financial arrangement with Mick, do you think you should ‘dob’ her into the Department of Home Affairs? What are your obligations, if any, under the Migration (Migration Agents Regulations) 2021?
You must support your answers by reference to the specific legislative provisions.
(Maximum word limit: 2000 words)