Question
You are a solicitor working in a small firm in Beenleigh. Yesterday you had a meeting with a client, Mrs Rania Jafari and learned the
You are a solicitor working in a small firm in Beenleigh. Yesterday you had a meeting with a client, Mrs Rania Jafari and learned the following facts which you can assume to be correct and capable of independent corroboration if necessary.
- Mrs Jafari is 28 years old and the mother of two children (aged 7 and 5). She was born in Iraq. When she was 18 years old her family fled Iraq to a refugee camp in Syria. In 2009 she married Abbas Jafari, who was also an Iraqi refugee. In 2013 she and her husband were given asylum in Australia under the Federal Government's offshore refugee program. In September 2016 Mrs Jafari was granted permanent residency.
- In November 2018, Mr and Mrs Jafari purchased a unit (4/176 Westron Rd, Beenleigh) as their principal place of residence. In February 2020 Mr Jafari began a new job as a trainee horticulturalist at a plant nursery in Lismore, in Northern New South Wales. Between July 2020 and October 2020, he lived at the nursery and returned to the family home every second weekend.
- During 2020 Mrs Jafari developed a friendship with her neighbour Mr Alex Stone. In September 2020 Mr Jafari discovered the relationship and suspected that she was having an affair. He then began to threaten her with physical abuse.
- In March 2021 the police were called to a disturbance at the unit. On arrival the police found Mrs Jafari with serious facial injuries. Mr Jafari was charged and pleaded guilty to one account of causing grievous bodily harm. He was given a suspended sentence. He returned to Lismore and soon after left the job at the nursery.
- Since March 2021 Mrs Jafari has had no contact with her husband. She does not know where he is and has not received any child support from him.
- Due to her failure to make repayments on the house, the bank foreclosed the mortgage on 4/176 Westron Rd in July 2021. Mrs Jafari was evicted from the unit.
- After being evicted Mrs Jafari and the children moved into Mr Stone's second bedroom while 'they were between houses.' Mrs Jafari agreed to 'do the housework and pay $50 per week rent.'
- In October 2021 Mrs Jafari applied to the Department of Housing for public housing. Her total weekly income is $500.40.
- In a letter dated 25 January 2022 the Department informed Mrs Jafari that her application for public housing has been refused. The Department refused the application because it believed she was not a Queenslander and was a member of a couple with Mr Stone. [A copy of the letter is provided]
- Mrs Jafari possesses only basic English skills and prefers to speak Arabic. At the interview she was accompanied by Mrs Fatima McDermott from the Australian-Iraqi Friendship League who acted as an interpreter.
- The Australian-Iraqi Friendship League is one of the peak bodies for the Iraqi community in Australia. The League provides settlement services for recently arrived Iraqis, education and English tuition and emergency relief. The League has been recognised by the Federal Government as representing Iraqis in Australia through consulting with the League prior to the invasion of Iraq in 2003. The Queensland government has recognised the League's welfare service and has recently provided the League with a grant to fund counselling services for members of the Queensland Iraqi community who have experienced torture when living in Iraqi.
Mrs Jafari strenuously denies the allegations that she is in a relationship with Mr Stone. The effect of the decision is to deny her family a stable solution to their housing needs. She is keen to move out of Mr Stone's unit as she feels her reputation will suffer if she remains there much longer. However she has no friends or family who could provide temporary accommodation.
Draft a memorandum of advice to Mrs Jafari addressing the following issues:
- What are the prospects of Mrs Jaffari being able tobeing able to bring a judicial review application in relation to this matter?What are the prospects of theAustralian-Iraqi Friendship League being able tobring a judicial review application in relation to this matter?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
![blur-text-image](https://dsd5zvtm8ll6.cloudfront.net/includes/images/document_product_info/blur-text-image.webp)
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
![blur-text-image](https://dsd5zvtm8ll6.cloudfront.net/includes/images/document_product_info/blur-subtext-image.webp)
Step: 3
![blur-text-image](https://dsd5zvtm8ll6.cloudfront.net/includes/images/document_product_info/blur-subtext-image.webp)
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started