Graduate Diploma in Migration Law

Graduate Diploma in Migration Law

LML6003 – AUSTRALIA’S VISA SYSTEM 1 (FAMILY AND OTHER VISAS)

 

Assessment Task 2 – Semester 2, 2024

 

Instructions:

 

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.

 

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.

 

Assessment Criteria

 

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.

 

 

 

SCENARIO

 

You are a registered migration agent and read the following media release - https://ministers.dss.gov.au/media-releases/11626.

 

The Hon Amanda Rishworth MP

Media Releases

 

Increasing financial support for visa holders experiencing violence

 

3 July 2023

 

Joint with:

 

 

The Hon Amanda Rishworth MP

 

Minister for Social Services

 

Member for Kingston

 

 

The Hon Andrew Giles MP

 

Minister for Immigration, Citizenship and Multicultural Affairs

 

Member for Scullin

 

 

The Albanese Labor Government is easing financial insecurity for temporary visa holders leaving a violent relationship.

 

We don’t want any person experiencing violence to have to choose between their safety or financial security and we know those on temporary visas can often face additional barriers to escaping family and domestic violence.

 

From today the Government will boost the financial assistance available to temporary visa holders experiencing family and domestic violence from the current $3000 to $5000.

 

The Government has committed $4.4 million over two years for the increase which is expected to assist up to 2000 people nationally.

 

The funding is in addition to the $38.2 million committed to extend the Temporary Visa Holders Experiencing Violence Pilot and Escaping Violence Payment trial to 31 January 2025.

 

The boost aligns the financial assistance available for temporary visa holders to that received by Australian Citizens under the Escaping Violence Payment trial.

 

Minister for Social Services Amanda Rishworth said the Government had a zero tolerance policy to family and domestic violence.

 

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“Along with states and territories we have committed to ending violence against women and children in a generation,” Minister Rishworth said.

 

“The status of your visa should not determine the payment you receive to support you in leaving a violent situation.

 

“Whether you are an Australian citizen or living here on a temporary visa, we want to support you as you take steps to safety. No one should have to choose between their safety or their financial security.”

 

The Temporary Visa Holders Experiencing Violence Pilot commenced in April 2021 and provides eligible temporary visa holders experiencing family and domestic violence with financial assistance packages for goods and services and access to legal advice for migration and family law.

 

Since the Pilot’s commencement more than $8 million in financial assistance has been provided with more than 2900 applications received.

 

• 2021 study by Monash University indicated that one in 3 migrant and refugee women had experienced some form of family and domestic violence, with temporary visa holders consistently reporting proportionately higher levels of family and domestic violence, including controlling behaviours.

 

Minister for Immigration, Citizenship and Multicultural Affairs Andrew Giles said that temporary visa holders often faced greater barriers in escaping family and domestic violence due to their visa status.

 

“We know many migrant women who are experiencing violence by an abusive partner may not have a support network here in Australia, and in some cases their abuser may be one of the few people they know,” Minister Giles said.

 

“These changes will bring the Payment in line with community expectations and ensure that temporary visa holders escaping family and domestic violence aren’t treated differently just because of their visa status.”

 

Australian Red Cross delivers the financial assistance packages under the Pilot and nine Women’s and Community Legal Centres across Australia provide legal advice and support to clients.

 

Director of Australian Programs at Australian Red Cross, Vicki Mau, welcomed the increase to the financial assistance available.

 

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“People on temporary visas can experience very specific challenges and vulnerabilities, including significant barriers when seeking support due to language, limited access to information, fear of deportation and lack of familiarity with the local legal and support systems,” Ms Mau said.

 

“Increased financial support is an essential step towards addressing their immediate needs and ensuring their safety and wellbeing.”

 

More information on the Pilot can be found on the Australian Red Cross website.

 

If you or someone you know is impacted by family, domestic or sexual violence, call 1800RESPECT 24 hours, seven days a week on 1800 737 732 or

 

visit www.1800RESPECT.org.au

 

If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit the No to Violence website.

To increase your presence in the industry, you regularly post on your Facebook and Instagram accounts about updates on the migration industry. You have a passion for helping people and you provide a summary of the changes from the above media release to your connections with a statement that you will be providing pro-bono advice to anyone who requires assistance.

Only five minutes after your post you receive a private message. The person who contacts you is Philip. You had met him through a mutual connection at a networking event and you recall he was from the Philippines. He was very friendly, but you only had a brief discussion with him at the event and have not seen him since.

Philip asks whether he could arrange an appointment with you to discuss his matter. You respond to him straight away and ask him what it is regarding and he informs you it is about your most recent post. You tell him to come to your office first thing in the morning to discuss the matter.

Philip attends your office and seems very reserved. You have a busy day ahead and your next appointment is due to arrive soon after, so you get a bit frustrated at how much time Philip is taking to explain his situation. You ask Philip a few more questions and he continues to be vague with his responses. However you understand that he arrived on a Student (Subclass 500 visa) three years ago, and that he accidently forgot to renew his Student (Subclass 500) visa before it ceased. He lodged a second Student (Subclass 500) visa one week after his first Student (Subclass 500) visa ceased and that was refused. Prior to the second Student (Subclass 500) visa being lodged, he applied for a Partner (Subclass 820/801) visa based on his relationship with Cara, another Student who was in his class, who had just been granted a Subclass 189 visa prior to Philip lodging the Partner visa. Philip never returned to study and

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did not complete a course in Australia. His highest level of educational qualification was his High School Certificate from the Philippines. Cara was Philip’s roommate in the dormitory that he was living in while studying and she was very kind to him when they first met. In your office, Philip started talking about Clara’s kindness. They got married prior to lodging the Partner visa. You have never met Cara. When you ask Philip what advice he wants, he informs you that he wants to make sure he could stay in the country. You ask him why, when he has a Partner visa pending, but he suddenly gets up in a flurry, apologises and says that he better leave.

When you are walking Philip out of the office, he passes you a note and looks you directly, almost as if to beg you not to say anything. You take the piece of paper and tuck it in your pocket. As you are doing this, you see Philip say unusually loudly, for such a soft spoken person, “Hi Cara” as if to make it clear to you that the person waiting for him in the office reception area was in fact Cara. Cara immediately grabs his hand and gives you a suspicious look and then says hello and wishes you a great day and hopes you can find a way for Philip’s sister to visit them in Australia.

You walk back into your office, confused. You notice your other client is already waiting for you, but you ask your receptionist to apologise to the other client on your behalf and say that you will be five minutes while you gather your thoughts.

You close your office door and read the note Philip provided you. It is handwritten and said the following:

“I am scared. Help me.

Cara has everyone fooled, she seems so lovely and sometimes she really can be. She fooled me too.

But sometimes she gets very violent and hits me, particularly after a night of drinking with her friends.

One of her friends, Frank, goes out drinking with her and recently they have both become violent towards me when they come home if I don’t make food quick enough for them.

I went to the police as it was really bad and once I did that the violence got worse. I found that the police didn’t believe me at the start as I think because she is really small compared to me.

I was in love with Cara and trusted her, she now has access to all my accounts and blocked my access from them. I am now solely reliant on her.

I am too embarrassed to talk to anyone about this, in my culture it would be looked down upon to be hit by a woman.

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She said that she can hear all my conversations. I told her I was coming to see you to ask about my little sister visiting, she does like my sister and regularly sends her money. So, it would be hard for my family to understand what is going on.

I want to leave Cara, but I want to make sure I can stay in Australia. Cara finished her studies, but I did not. She somehow convinced me it did not matter at the time. Cara has told me I have no work rights so all I do is look after her and her house to make sure I do not breach my work rights. I did not mind at the start because I loved Cara, and she was working so this is how we shared our responsibilities but now I am worried that I do have work rights and this was all a lie. She told me not to contact the Department of Home Affairs as she said I no longer hold a visa and they will put me in detention.

Help me, please contact me on philip@outlook.com and let me know, I am sure she does not have access to this email.

• am sorry I was not direct in the consult. I was scared she was listening to me. She seems to find out about everything I say.”

You reflect and realise that there were many non- verbal communication signs you missed in the consult. Upon reflection, you recall that Philip’s hand was bandaged, he walked with a limp and was extremely nervous. You decide as part of your personal development you will attend a communication CPD held by the Migration Institute of Australia.

QUESTIONS

 

1. What is Philip’s current visa status, and does he have work rights?
2. Is there anything Philip can do to seek permanent residence and explain the steps required and what additional information you would require to support the application?

 

3. Explain whether Philip can work while the visa pathway you have identified in question 2 is being assessed by the Department of Home Affairs?

You must support your answers by reference to the specific legislative provisions.

(35 marks)

(Maximum word limit: 2000 words)