Intro Aust Migration Law -Write a letter to your client explaining the work condition on her visa

PART 1

Part 1 builds on a number of skills we have been learning in our weekly modules, including Citizenship, the role of case law, and statutory interpretation.

Minister for Immigration, Citizenship and Multicultural Affairs v Sidhu by his litigation representative Kaur [2023] FCAFC 133 is an important case that covers many matters relevant to your study of immigration law.

Your task is to locate and read the case and answer the following questions:

QUESTION 1 (300 words, 10 marks)

Prepare a file note summary of the case, outlining:

  • The parties to this case
  • A timeline of relevant events up to and including the decision being handed down
  • A summary of the relevant section/s of the law that applied in this case
  • What were the main legal arguments put forward by the Minister?

What was the court's decision and what legal reasoning did it provide?

QUESTION 2 (600 words, 15 marks)

In essay format, discuss how this case

demonstrates the role of the court in the process of interpreting the law. How did the court undertake this process?

PART 2

Part 2 builds on a number of skills we have been learning in our weekly modules, including written communication and statutory interpretation.

QUESTION 3 (600 Words, 15 Marks)

It is 27 October 2023 and you are working in a

migration firm. Your supervisor conducted an interview this morning with client, Sophia Kouros, who is currently in Australia as the holder of a Subclass 462 visa.

Ms Kouros informed your supervisor that when the visa was granted she had not been made aware of any special conditions about her work. Your supervisor informed Ms Kouros a Subclass 462 visa contains a mandatory work condition, which is of vital importance and offered to write to her to outline what is required.

Your supervisor has tasked you with the following task:

Write a letter to your client explaining the work condition on her visa.

In your letter, you must:

  1. Explain the legislative basis for the imposition of conditions on visas, outlining the difference between mandatory and discretionary conditions;
  2. Explain how and where conditions are found for the specific visa;
  3. Describe the mandatory "work condition" that applies and its practical effect on your client;

You are not required to provide any additional advice as to your client's eligibility for the visa, the visa application process, or any other aspect of your client's case.

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