LML6002 – AUSTRALIAN MIGRATION LAW

Graduate Diploma in Migration Law
LML6002 – AUSTRALIAN MIGRATION LAW
Assessment Task 1 PART A – Semester 2, 2021

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 assignment 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. If a task is received that exceeds the word limit it may be returned
to the student.
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
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.
2
Scenario
Jack Smithers, a citizen of the United Kingdom, has been in Australia for the last 2 years on a
Student Class TU sub class 500 visa valid for 3 years. He is studying a Bachelor of Economics at
Monash University.
He wishes to apply for a Partner Class UK/BS subclass 820/801 visa as he met and married an
Australian citizen, Mary, last week. They have been living together for the last year.
QUESTION
(a) What mandatory conditions would be attached to his student visa? Explain the
conditions.
(b) What are the application fees payable to the Department of Home Affairs for the partner
visa? If paying the application fees by Mastercard, what is the credit card surcharge, if
any?
(c) What are the requirements for Jack to make a valid visa application for a partner visa?
(d) If you are a registered migration agent and Jack requires your assistance to lodge the
partner visa application, how would you answer Jack’s query about the probability of
success regarding the partner visa application and what are your obligations under the
Migration Agents Regulations 1998?
You must support your answers by reference to the specific legislative provisions.
(10 marks)
(Maximum Word Limit: 1100 words)

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