Problem Based Assessment on Australian Migration Law
QUESTION 1: LETTER OF ADVICE (S)
You are a Registered Migration Agent.
Your client is Miss Shannon Shanahan, a 31-year-old citizen of Ireland. She is a Civil Engineer who
completed her studies in Ireland and then worked in that occupation there for 3.5 years. For the
past 2 years she has been working as a Civil Engineer in Australia on a currently valid 457 visa.
Shannon has no other qualifications or work experience. She is single. Born and raised in Ireland,
Shannon is a native speaker of English but she is willing to sit for an IELTS test if necessary.
Shannon would like to apply for a Skilled – Independent (Permanent) (Class SI) Subclass 189 Skilled—
Independent visa and she has asked for your written advice on the following matters:
• Overview of the operation of the SkillSelect system, the Expression of Interest (EOI) and visa
application processes.
• How to complete and submit an EOI.
• How Shannon should apply for a skills assessment and what documents she needs to
submit.
• How many points Shannon can claim under the GSM points test. Provide a detailed
calculation.
• What criteria Shannon needs to satisfy to be able to submit a valid application.
• What eligibility criteria Shannon needs to satisfy to meet the criteria for the grant of the
Subclass 189 visa.
• Estimated costs of the entire process.
Prepare a formal letter of advice for Shannon with information covering only the above listed
issues.
Support your response with reference to the Migration Act 1958 (Cth), the Migration Regulations
QUESTION 2: DETAILED ANSWERS (
Alex Delgado, a citizen of East Timor arrived in Australia on a Student (Class TU, Subclass 576) visa
on 10 September 2014. His visa was valid for three years and was subject to a number of conditions,
including 8105, 8202, 8501, 8516, 8517, 8533 and 8535. Alex applied for a further student visa
earlier this year before this visa expired but his application was refused.
12 months ago, Alex met Ginger Sloane, an Australian citizen. They have fallen in love and moved
into an apartment together in Darwin. Ginger has introduced Alex to her friends and they have
spent some time travelling around Australia together.
Alex claims he cannot return to his native village of Maubara at the moment, due to a large
earthquake that has destroyed his home. He fears that it is not safe for him to return to East Timor
at this time. News media have reported shortages in food and clean water.
To complicate their situation further, Ginger developed cancer in the past year and had undergone
two rounds of chemotherapy. Ginger is now dependent on Alex for emotional and physical support,
and she has no immediate family in Melbourne. Alex fears for Ginger’s wellbeing if he has to leave
Australia. The couple want Alex to apply for Partner Visa so he can remain in Australia.
With reference to the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), answer
the following questions:
• What are the legislative hurdles that prevent Alex from making a valid visa application for
a Partner (Temporary) (Class UK) visa?
• What steps can he take to rectify the situation?
• What legislative requirements does Alex need to meet to make a valid application for a
Partner (Temporary) (Class UK) visa?
• What eligibility requirements does Alex have to meet for the grant of the visa?
• What evidence will the couple need to supply in support of the application?
LAWS8651 – FUNDAMENTALS OF AUSTRALIAN MIGRATION LAW
SEMESTER 2, 2017
ASSIGNMENT 2
3 | ANU C O L L E G E O F L A W © M
QUESTION 3: SUBMISSION
You are a Registered Migration Agent.
Your client Rosie is an Australian citizen. She sponsored her now deceased first husband, UK citizen
Terry for a Partner (Temporary) (Class UK), Subclass 820 (Partner) visa. Rosie submitted her
sponsorship undertaking with Terry’s visa application in September 2014 and Terry’s Subclass 820
visa was granted in 2015.
Sadly, by the second half of 2015 it turned out that Terry was an alcoholic. He frequently became
violent and abusive so the couple’s relationship quickly took a nasty turn. In November 2015, Terry
drove while intoxicated and suffered a fatal car accident, leaving Rosie a widow.
In May 2016, Rosie travelled to South America for a holiday where she met Carlos, a citizen of
Argentina. They fell in love and Rosie prolonged her holiday. When she returned to Australia, Carlos
came back with her on a visitor visa so they ended up living together continuously for the past 13
months. In June 2017, Anna gave birth to their daughter Tasha. In August 2017 the couple received
terrible news: Rosie was diagnosed with Multiple Sclerosis (MS), a debilitating disease. Carlos is an
orphan and Rosie’s parents have both passed away, so they only have each other.
Rosie would like to sponsor Carlos for a Partner visa. In the process of preparing Carlos’s visa
application they have realised that Rosie may not be allowed to sponsor him at this stage.
Rosie has now asked you to write a submission to DIBP seeking a waiver of the sponsorship
limitation.
Prepare the submission with reference to the Migration Act 1958 (Cth), the Migration Regul
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