LML6002 – AUSTRALIAN MIGRATION LAW

Graduate Diploma in Migration Law

LML6002 – AUSTRALIAN MIGRATION LAW

Assessment Task 2 – Semester 2, 2024

Instructions:

        Students must answer all questions as indicated. Make certain all answers are clearly labelled.

        Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease.

        The assignment comprises 35% of the assessment in the unit.

        Students should note that English expression; grammar and spelling are taken into account in assessment of their answers.

        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.

        WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer.

        All answers should be supported by reference to the relevant legislative provisions. Students are to assume that the Migration (Migration Agents Code of Conduct) Regulations 2021 is currently in force for the purposes of the assignment.

        A student, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.

        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.

Assessment Criteria

        Accurate answers to the questions demonstrating knowledge of statutory provisions, case law and applying problem solving skills.

        Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.

        Arguments and information are clearly and logically presented.

SCENARIO

You are a registered migration agent.

Parvathi Singham, aged 38, comes to your office for some urgent advice. You ask Parvathi to produce her visa and she produces an Indian passport and you examine her visa grant notice. She holds a Class FA subclass 600 Visitor Visa with conditions: 8101, 8201, 8501 and 8503.

Parvathi also informs you that she is concerned that her visa may be cancelled under section 116 of the Migration Act 1958 as she has been working as a fruit picker at a fruit farm in Mildura. You notice that her visa has two weeks remaining. She informs you that she was previously employed as the head chef at a famous Hyatt hotel in Bombay, India, for the past 8 years. However, due to the break down of her relationship with her husband, she decided to escape to Australia.

She applied for a job at the Hyatt Hotel in Melbourne and they have agreed to sponsor her on a Class GK Temporary Skill Shortage Subclass 482 visa, as their head chef, Indian cuisine. The Hyatt’s current head chef’s health has deteriorated and he is unable to work and they urgently require someone with experience. They currently have their famous Indian restaurant booked out for the next 4 months.

QUESTIONS

Prepare a concise letter of advice to Parvathi and the Human Resources Manager at the Hyatt addressing the following issues:

        Can Parvathi make a valid application in Australia for a Class GK Temporary Skill Shortage Subclass 482 visa in the medium term stream?

        Are there any additional requirements that she would have to meet prior to making a valid visa application and in light of her circumstances, would she meet those requirements?

        Are there any risks in meeting these requirements?

        Would your answer to (a) be any different if her Visitor visa was cancelled under section 116 of the Migration Act 1958 prior to her making the application for a Class GK Temporary Skill Shortage Subclass 482 visa?

Your answers should be supported by reference to the relevant legislative provisions.

(35 marks)

(Maximum Word Limit: 2000 words)