LML6002 Australian Migration Law

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Question One

40 year old Sylvia, a citizen of Portugal, arrived in Australia on an Electronic Travel Authority (Subclass 601) visa. She informs you that she has fallen in love with Adam, an Australian citizen, but she has known him for only 6 weeks.

Sylvia has heard from friends that to ‘buy time’ in Australia, she can lodge a Protection (Subclass 866) visa. Sylvia thinks this is a good idea, so she can remain in Australia to further develop the relationship with Adam.

You are a registered migration agent. Sylvia attends your office and instructs you to apply for a Protection (Subclass 866) visa. You discuss her circumstances with her and realise she has no claims for protection and therefore there are no reasonable prospects of success in relation to this application.  You provide her with a copy of the Consumer Guide pamphlet. Sylvia insists that you immediately proceed to lodge a Protection (Subclass 866) visa application on her behalf.

Q1a) Explain your obligations under the Code of Conduct and any documentation you are required to prepare in order to comply with the Code of Conduct.

Q1b) What is the correct Visa Application Charge for Sylvia’s Protection (Subclass 866) visa application? Can this application be lodged electronically? What form is required?

Q1c) Where must Sylvia be when the Protection (Subclass 866) visa application is lodged and where must this application be lodged? Where does Adam need to be located when the application is lodged?

Scenario continues

Sylvia’s Protection (Subclass 866) visa was refused. You inform Sylvia and she appears to accept the decision. However, you receive an email this morning where she instructs you to lodge another Protection (Subclass 866) visa application. She advises you that she has spoken to her friends again and they have told her that it should have been accepted. Her friends have told her that as long as she is in Australia, Australia must provide her protection as they are a signatory to the UN Refugee Convention, and therefore have suggested to her that she should lodge another application.

Q1d) Prepare written advice to Sylvia in response to her most recent instructions.

Question Two

Yuppi, a Japanese citizen, is a 35 year old Chef who arrived in Melbourne, Australia from Japan on a Visitor (Subclass 600) visa. This visa is valid for 3 months. Condition 8503 is not attached to this visa.

Yuppi contacted Sono Restaurant (“Sono”), in South Yarra, Victoria to enquire whether they had any positions as a Chef available. The owner of Sono had heard great things about Yuppi’s food, specifically after his friend visited the restaurant Yuppi worked for in Japan. His friend told Yuppi if he ever visited Australia, to contact the owner of Sono.

The owner of Sono interviewed and tested Yuppi’s food and offered him a job immediately. However, the owner did notice one thing – if he suggested any changes to Yuppi’s food, Yuppi would become very angry, however thought this could be managed.

The owner of Sono and Yuppi come to see you for advice, as you are a registered migration agent.

You ascertain that Yuppi’s Visitor (Subclass 600) visa is still valid. After discussing the circumstances with the owner of Sono and Yuppi, you advise that he could be sponsored by Sono for a Temporary Skill Shortage (Subclass 482) visa.

Q2a) Briefly explain the legal requirements for Yuppi to lodge a valid application for the 482 Temporary Skill Shortage visa? 

Yuppi’s application was successful and he was granted the 482 Temporary Work (Skilled) visa, which is valid for 2 years. He has the condition 8607 on the visa. After a couple of months, Yuppi found the job unexciting as the owners did not like the innovative ideas he had. He also didn’t get along with his co-workers very well. One evening, a patron complained about the food and asked to see the Chef. The patron was an avid MasterChef fan and was of the view that the food would not be acceptable on MasterChef and therefore was not acceptable to be served at the restaurant. Yuppi and the patron had a heated argument about the different elements of food on his plate. After this, Yuppi was so disenchanted with Sono’s cliental, he decided to work for another restaurant and never returned to work to Sono. Sono informed the Department of Home Affairs, and his Temporary Skill shortage (Subclass 482) visa was subsequently cancelled.

Q2b) Explain to Yuppi, in plain English, what the visa condition 8607 means. 

Question Three

Pippy Flava, a citizen of Budapest and a famous Opera Singer, arrived in Australia on a Class FA subclass 600 Visitor visa.  The visa does not have an 8503 condition. Pippy currently has a Parent (Subclass 103) visa awaiting processing at the Department of Home Affairs and is interested in instead applying for an onshore Aged Parent (Subclass 804) visa as she has recently turned 67 years of age.

Q3a) What are the validity requirements for an Aged Parent (Subclass 804) visa?

Q3b) Can Pippy apply for two Parents visa at the same time?

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