@ACU ABM\" cam um FACULTY OF LAW AND BUSINESS Thomas More Law School Online Semester 2, 2022 LAW8504: Australian Visa System Assessment 2 Due Date: 8 September 2022 23:59 hrs Length: 2000 words Learning outcomes assessed: L01, L02, L03, L04 How to submit: Tu rnitin Return of assignment: Turnitin Assessment criteria: Assessment Specific Rubric PURPOSE The purpose of this assessment is to assist students to contextualise their learning and use theoretical knowledge in a practical and reallife situation. Students are asked to use critical thinking and reasoning to suggest a solution to a factual problem or problems. This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses the following learning outcomes: 1. Locate, navigate and interpret Migration legislation and identify the role of policy 2. Demonstrate knowledge on visa application and processing including types ofvisas, validity, criteria and conditions . Strategically analyse and assess client's visa eligibility 3 4. Research, formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways. You may ignore any measures Australia has taken specifically in relation to COVID19 for the purposes of this assignment. The assessment is due 8 September 2022 23:59 hrs. SCENARIO You work at migration firm Addy's Aussie Agency, supporting a busy migration agent (Adelaide Hobart) with her cases. One such case is Heather and her partner Thant. Today (25 August 2022) you met with Heather and Thant, together with Adelaide, to discuss a potential visa application. During the meeting you learned the following information: - Heather (F, DOB 12f12l1991) is an Australian citizen - Thant (M, DOB 161'0711994) is a citizen of Myanmar, who came to Australia on 1 September 2021 on a1 year student visa (subclass 500) to study English. His visa was valid to 15 August 2022 and had Condition 8534 (no further stay) attached. - Thant successfully completed his English course. - Heather is a motor mechanic, who initially met Thant on Tinder. The two are motorcycle enthusiasts, and enjoy long rides together. - They first met face to face on 1 February 2022, and entered into a relationship almost immediately following their meeting, and have been living together in Heather's unit in the Canberra suburb of O'Connor ever since. - Thant's family in Myanmar are normally very good at maintaining contact, but he has not had any communication from his mother, father or sister since 1 July 2022, when he revealed that he was living with an Australian girl. Since then he has experienced anxiety and depression as a result of these events, and simply forgot that his visa expired on 15 August 2022. - Neither Heather nor Thant have been in a serious relationship before. - All of Heather's close friends and her family have met Thant and they got along well. Heather and Thant would like your assistance to lodge an onshore visa application for Thant, noting his student visa expired on 15 August 2022 and he has not applied for any other visa since arriving in Australia. QUESTION 1: (300 words, 6 marks) When you met with Heather and Thant, they asked Adelaide to explain what it means to lodge a valid visa application. Adelaide asked you to draft a brief explanation in plain English explaining the concept, so she can include it in her email to them. QUESTION 2: (300 words, 6 marks) Adelaide has delegated to you the immediate task of identifying whether any legislative barriers exist that will prevent Thant from making a valid visa application while inside Australia. Write a brief file note to Adelaide identifying Thant's current status and explaining any barriers that may prevent a valid application. Your file note should set out your advice, with reference to the legislation and relevant policy, as to how those barriers may be overcome and what steps Thant needs to take to resolve his status. QUESTION 3: (1,400 words, 28 marks) In the meeting, Adelaide informed Thant that she believes there may be more than one visa option open to him. She offers to provide an overview of the various options to Thant that will enable him and Heatherto make a decision about which visa to apply for. Identify at least two visa subclasses that may be available to Thant to lodge onshore, given his current circumstances. Write a file note to Adelaide nominating two relevant onshore visa subclasses and outlining the legislative criteria and processes that Thant would need to meet in order to make an application and be found eligible for each subclass, including: - Schedule 1; - Schedule 2; and - Any relevant criteria in other schedules. In yourfile note make sure you make reference to the relevant law and policy to support your answer. If there are issues on which you feel you need further information in orderfor Adelaide to properly advise Heather and Thant, you should bring these to her attention as part of your file note. NOTE: You need to demonstrate a clear understanding of applying the facts to the relevant law throughout. At all times, you should have reference to the relevant law and follow the reference guidelines. Although you will not be expected to do this in practice, you should footnote your references throughout using AGLC formatted citation