Graduate Diploma in Migration Law LML6004 – Australia’s Visa System 2 (Economic) Assessment Task 2

General 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 35% 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 assessments be lodged electronically. This will then automatically generate a receipt.
6. WORD LIMIT: Word limits are indicated for questions and should be adhered to with each answer.
7. All answers should be supported by reference to the 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 have a busy day at work. As busy as you are, you are still very excited that more clients are coming through the door.

Today, there were two enquiries for skilled visas. At the end of the day, you review your notes for the two consults to provide follow up advice to both clients.

Sarah

Sarah, a 38-year-old citizen of Hungary, arrived in Australia recently with a mix of excitement and anxiety on a long term Visitor Class FA (Subclass 600) visa which was granted for 12 months. A seasoned actor with over a decade of experience in television and film in the UK, Sarah has built a respected career in the entertainment industry. Her work spans multiple genres and platforms, and she is well-known for her roles in several popular B-grade television shows and movies.

Upon arrival, Sarah was visibly anxious and eager to receive immediate clarity about her immigration options. She expressed a strong desire to settle matters quickly, hoping for a straightforward path. However, when advised that her circumstances required a more thorough assessment before any recommendations could be made, she appeared disappointed and somewhat frustrated. Her urgency was understandable, given the emotional weight of relocating and the uncertainty surrounding her future in Australia.

During the initial conversation, it became apparent who Sarah was. Coincidentally, you had just watched one of her shows days earlier. Despite the temptation to acknowledge her celebrity status or ask for an autograph, it was clear that Sarah’s emotional state required sensitivity and professionalism, so the focus remained on her needs and concerns.

Sarah is single and has one daughter, Stella, whom she wishes to include in her plans to move to Australia and is also in Australia with her on the same type of visa. Stella’s father, also an actor, has given his full consent for Stella to relocate with Sarah. Although Sarah and Stella’s father are no longer in a romantic relationship, they maintain a respectful and amicable co-parenting arrangement. He has expressed interest in potentially moving to Australia himself within the next ten years, which may further support the family’s long-term settlement goals.

Sarah has already attracted interest from several Australian employers, suggesting potential pathways for sponsorship or future career development. She is open to exploring these opportunities if needed, though no formal arrangements have been made.

Sarah, however, is firm in her stance; she does not wish to pursue any offshore visa options. Her preference is to remain in Australia and explore onshore pathways that would allow her and Stella to stay together. She is seeking guidance on the most appropriate visa options that align with her professional background, her daughter’s prospects, and her desire to remain in Australia without having to leave and reapply from abroad.

Michael

Michael, a citizen from Romania, is a qualified accountant. Five years ago, he moved to Australia and worked as an accountant for a reputable firm for two years on a Temporary Skill Shortage Class GK (Subclass 482) visa. During this time, he built strong professional relationships and gained valuable experience in the Australian financial sector. However, due to pressing family commitments, Michael had to return to Romania.

Despite relocating, Michael continued working for the same Australian company remotely from Romania. His employer valued his expertise and reliability, and the remote arrangement allowed him to maintain continuity in his career while attending to his family responsibilities.

Recently, Michael returned to Australia on a Visitor Class FA (Subclass 600) visa, which was granted for six months. His intention was to reconnect with his colleagues in real life, travel around Australia and explore the prospect of transition back into working in Australia full-time.

However, Michael has now been in Australia for seven months. After arriving, he applied for a second Visitor Class FA (Subclass 600) visa, hoping to extend his stay. Unfortunately, this application was refused four months after his arrival.

In response to the refusal, Michael lodged an appeal with the Administrative Review Tribunal (ART). As a result of this appeal, he is currently allowed to remain in Australia on the associated Bridging visa that was granted when he applied for the second Visitor visa. This bridging visa remains in effect until the ART makes a decision on his case.

The current estimated processing time for an ART review hearing is approximately one year, meaning Michael may legally remain in Australia for that duration while awaiting the outcome on his bridging visa. Michael does not want to consider any offshore options.

QUESTION

What skilled visa option(s) would be suitable for Sarah and Michael. If there is an option(s), what are the visa requirements? Identify any risks for the option you have advised.

You must support your answers with reference to the specific legislative or regulatory provisions.

• (35 marks)
• (Maximum Word Limit: 2200 words)