LAWS504 Law Assignment 2

Subject Code :-  LAWS504
Title :- Law
Assessment Type :- Assignment 2
PURPOSE :-
The purpose of this assessment is to assist students to contextualise their learning and use theoretical knowledge in a practical and real-life situation. Students are asked to use critical thinking and reasoning to suggest a solution to a factual problem or problems.
LAWS504 Law Assignment 2

This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses the following learning outcomes:

1. Locate, navigate and interpret Migration legislation and identify the role of policy
2. Demonstrate knowledge on visa applications and processing including types of visas validity criteria and conditions
3. Strategically analyse and assess client’s visa eligibility
4. Research formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.

SCENARIO :-
You work at migration firm ‘Green Migration supporting a migration agent (Olivia Green) with her clients. Olivia has asked that you take notes in one of her consultations. In the consultation you make the following notes:

Client name: Leah Brown
• Leah Brown (F, DOB 01/03/1990) is a citizen of India.
• Leah came to Australia on a Subclass 600 visa that expires on 31 March 2023.
• Leah had condition 8503, 8201 and 8101 attached to her Subclass 600 visa.
• Since Leah’s arrival in Australia, she has become a successful social media influencer with over 2 million followers on Instagram and Tiktok. Leah has been showing her followers around Australia and giving them an insight into the best tourist spots in Australia. Leah received a number of paid advertisements and sponsorships from various Australian tourist companies since her arrival in Australia. Leah is currently in discussion with Tourism Australia to secure a contract which would gain her full-time employment directly with Tourism Australia. Tourism Australia is offering Leah a salary of $300,000 per year as a Content Creator.
• Leah does not have any formal qualifications in advertising/marketing and thought she would try her luck at social media when she arrived in Australia.
• Whilst attending a social media event, Leah met Gloria Lewer (F, DOB 03/01/1989) and the pair have been inseparable for the last two months. Gloria is a professional surfer and has gained a large social media following from her surfing career.
• Leah and Gloria have moved in together in Bondi and have entered into a committed exclusive relationship.
• Leah’s family are not aware she is in a relationship with a female and she is worried about telling them. Leah is worried they will abandon her and shun her from the family. As a result, she has not publicised her relationship to Gloria on any of her social media platforms.
Leah intends to tell her parents when she is more financially secure Leah’s family offer her some financial support although she may not require this soon due to the success of her social media accounts).
• Leah and Gloria are very set on their future together and have begun consultations with IVF professionals in order to begin the process of starting a family.
• Leah has not been in a relationship before.
• Leah has not applied for any other visa whilst in Australia.

LAWS504 Law Assignment 2

QUESTION 1:
Olivia has asked you to write a formal letter of advice to Leah identifying any legislative barriers which will prevent Leah from lodging a valid application in Australia.

Your formal letter should set out your advice as to how those barriers may be overcome and what steps Leah needs to take to resolve her status and what arguments she will need to put forward. You must reference the legislation relevant policy and Leah’s circumstances.

QUESTION 2:
You noticed in the consultation that Olivia did not cover Condition 8101 with Leah. Write an email to Olivia addressing Condition 8101 and whether Leah’s conduct in Australia could have resulted in her previously breaching Condition 8101. Address whether this could be an issue for future applications.

There is no need to address any cancellation provisions as part of this answer.

LAWS504 Law Assignment 2

QUESTION 3:

The date is now 1 April. Imagine that Leah’s visitor visa did not have Condition 8503 applied.

Olivia asks you to draft a memorandum on 2 options which she believes Leah is able to lodge a valid application for on shore:

a) Subclass 482 Temporary Skill Shortage visa and
b) Subclass 820/801 Partner visa

As part of the memorandum, look at the Schedule 1 requirements for each option and advise whether a valid application can be lodged. If it cannot explain why.

LAWS504 Law Assignment 2

If it can outline the legislative criteria that Leah would need to meet in order to make an application and be found eligible:

• Schedule 1;
• Schedule 2; and
• Any relevant criteria in other schedules.

In your memorandum please make sure you make reference to the relevant law and policy to support your answer. It is important that you also let Olivia know if there are any issues which you require further information on.

NOTE: You need to demonstrate a clear understanding of applying the facts to the relevant law throughout. At all times you should make reference to the relevant law and follow the reference guidelines. Although you will not be expected to do this in practice please reference each question throughout using foot notes on each respective page. You do not need to provide a bibliography.