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

Graduate Diploma in Migration Law

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

Assessment Task 1 PART A – Semester 2, 2024

NOTE: TASK 1 COMPRISES TWO PARTS – PART A – SHORT ANSWER

QUESTION AND PART B – MULTIPLE CHOICE QUESTIONS TO BE COMPLETED ONLINE AT THE END OF THE UNIT.

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 Tutoring comprises 10% 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.

SCENARIO

You are a registered migration agent and to increase your presence in the industry, you regularly post changes in the migration program on LinkedIn. You recently posted about the changes to the student visa program in Australia. You have noticed that posting about changes such as this one increases the number of client referrals to your firm for migration matters. Your post about the changes to the student visa program and receive a lot of likes and reactions, so much so that a fellow registered migration agent sent you a message on LinkedIn asking whether you would take on the following case. You instantly reply and ask the other agent to pass on your details to the client.

On receiving your details, the client calls you. His name is Vlad Hagi and he is a citizen of Romania. Vlad is 25 years old and arrived in Australia on an eVisitor (Subclass 651) visa to attend his sister’s wedding. Vlad was granted the eVisitor (Subclass 651) in January 2024. Today, two weeks prior to when his permitted travel period ceased for this visit, he applied for a Student (Subclass 500) visa as he enjoyed his lifestyle in Australia very much and wanted to begin his Bachelor studies in Marketing in Australia rather than back home in Romania. He has already received an offer in Romania to begin his Bachelor of Marketing at a leading university there.

Vlad made enquiries and he was successful in obtaining a COE from Victoria University for a Bachelor of Marketing and the course is due to begin in February 2025. The course duration is three years to complete as a full time student.

As part of his Student visa application, Vlad included a copy of the following documents:

1. A statement outlining his intention to study.
2. Financial documents evidencing that his brother’s personal annual income is the equivalent of AUD90,000 to demonstrate he has access to sufficient funds to support his stay in Australia.
3. Proof of his current health insurance valid until the date his current eVisitor ceases to be in effect.
4. Police check dated 20 August 2024.

After Vlad lodged his student visa application online he contacted your office on the same day as he was not sure what would happen next and would like your advice on the following questions. Vlad wants to ensure he will be able to study in Australia.

QUESTIONS

1. What is Vlad’s current visa status and can he begin studying now?

2. What is the current processing time for a student visa?

3. What advice would you provide Vlad about his current student visa application?

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