Topic: Migration Law

Order Description Correct legal citation at all times. Use the AGLC and the ‘Guide to Legal Research and Citation’ which are available. All answers should be supported by reference to the relevant provisions of the Migration Act 1958 (Cth), Migration Regulations 1994 (Cth), other relevant legislation, case law and/or policy. Penalties apply for exceedin" rel="nofollow">ing the word limit. QUESTION 1: (750 WORDS) AUSTRALIA’S VISA SYSTEM ------------------------------------ James Morris is a 28 year old citizen of the United Kin" rel="nofollow">ingdom livin" rel="nofollow">ing in" rel="nofollow">in Australia. On 20 January 2015 he lodged a valid application for a Partner (Temporary) (Class UK) subclass 820 visa while holdin" rel="nofollow">ing a Student (Temporary) (Class TU) Subclass 573 visa. The subclass 573 visa was James’ first student visa, was applied for on 15 January 2012 and was valid until 15 March 2016. The subclass 820 Partner visa was granted on 20 March 2016 on the basis of his de facto relationship with Susan Peak, an Australian citizen. James has called you to say that the relationship with Susan has broken down and Susan has in" rel="nofollow">informed the Department of Immigration and Border Protection (DIBP) of the change of circumstances. James has now received a letter from DIBP askin" rel="nofollow">ing for him to comment on the in" rel="nofollow">information and advisin" rel="nofollow">ing him that his application for the Partner (Residence) (Class BS) subclass 801 visa may be refused. James has also told you that he has been workin" rel="nofollow">ing as a geotechnical engin" rel="nofollow">ineer in" rel="nofollow">in Melbourne sin" rel="nofollow">ince havin" rel="nofollow">ing completed his four year degree from the University of Melbourne on 15 November 2015. He thin" rel="nofollow">inks that the employer might be happy to sponsor him. The company has in" rel="nofollow">informed James that they hold a valid Standard Busin" rel="nofollow">iness Sponsorship. Answer the followin" rel="nofollow">ing questions: A. As James has studied full time for 4 years in" rel="nofollow">in Australia, can he lodge a valid application for a Skilled (Provisional) (Class VC) Subclass 485 visa? Will he meet the criteria for the grant of the subclass 485 visa? Explain" rel="nofollow">in your answers. (300 words) B. Can James lodge a valid application for a Temporary Busin" rel="nofollow">iness Entry (Class UC) subclass 457 visa? If so, outlin" rel="nofollow">ine what criteria he will need to satisfy for the visa to be granted. (300 words) C. If the DIBP refuses James’ application for the Partner (Residence) (Class BS) subclass 801 visa before lodgin" rel="nofollow">ing an application for another visa, what will be James’ visa status in" rel="nofollow">in Australia? (150 words) QUESTION 2: (750 WORDS) Melissa Jones is a citizen of the USA and is in" rel="nofollow">in Australia on a Student (Class TU) Subclass 573 visa. Melissa is 22 years old and in" rel="nofollow">in July 2016 will complete the third year of a 4 year Bachelor degree at the University of Sydney. She is due to complete her studies in" rel="nofollow">in July 2017. Melissa completed High School in" rel="nofollow">in California, USA in" rel="nofollow">in July 2012 and then took 12 months off to travel and work in" rel="nofollow">in Europe before startin" rel="nofollow">ing her studies in" rel="nofollow">in Australia and movin" rel="nofollow">ing in" rel="nofollow">in to live with her mother and step-father in" rel="nofollow">in Sydney. Melissa’s mother has just been granted a Partner (Residence) (Class BS) Subclass 801 visa in" rel="nofollow">in Australia as she has been married to an Australian citizen for 3 years. Melissa was listed as a non-migratin" rel="nofollow">ing dependent on the subclass 801 visa application when it was lodged in" rel="nofollow">in January 2015. Melissa’s father is deceased and she has an older sister still residin" rel="nofollow">ing in" rel="nofollow">in the USA. Melissa previously was not in" rel="nofollow">interested in" rel="nofollow">in residin" rel="nofollow">ing in" rel="nofollow">in Australia but she has sin" rel="nofollow">ince changed her min" rel="nofollow">ind and would like to know her options for remain" rel="nofollow">inin" rel="nofollow">ing permanently in" rel="nofollow">in Australia with sponsorship from her mother. She would like to know if there are any issues with her provin" rel="nofollow">ing she is dependent on her mother and what documentation is required to prove this dependency. Write a letter of advice to Melissa explain" rel="nofollow">inin" rel="nofollow">ing: -------------- - the requirements to lodge a valid and successful application for a permanent visa in" rel="nofollow">in Australia based on sponsorship from her mother; - any issues with her dependency on her mother; and - what documents are required to prove dependency.