Graduate Diploma in Migration Law
LML6002 – AUSTRALIAN MIGRATION LAW
Assessment Task 2 – Semester 2, 2023
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 35% 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.
7. All answers should be supported by reference to the relevant legislative
provisions. Students are to assume that the Migration (Migration Agents Code
of Conduct) Regulations 2021 is currently in force for the purposes of this
assignment.
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, case law 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
You are a newly registered migration agent and have set up your own business.
Yesterday, Achariya Chea, a citizen of Cambodia, attended your office. She informs you that she
is on a Class FA Visitor (subclass 600) visa in the Family Sponsored Stream. Her visa was valid
for 3 months. However, her visa has now been expired for six months. Her previous migration
agent lodged a Partner Class UK/BS Subclass 820/801 visa and she just received a letter from her
previous migration agent that her application was invalid. She informs you that the relationship
between her partner and herself has broken down, irretrievably and her partner does not want to
sponsor her anymore.
Achariya appeared very stressed. During the consultation, you notice that her right arm is
bandaged and you enquired from her what had happened. She informed you that whilst working
in a factory in Dandenong, processing chicken, she had severed her four of the fingers on her right
hand. She informs you that the plastic surgeon has advised her not to travel as she requires further
treatment and rehabilitation to ensure that she regains movement in her hand. You are sad to
hear about her situation. She is more concerned about her visa situation.
QUESTION
(a) Why was Achariya’sPartner Class UK/BS Subclass 820/801 visa application determined
to be invalid?
(b) Is Achariya able to make a valid application for a Medical Treatment Class UB Subclass
602 visa?
(c) You are required to prepare a submission to the Minister addressing the relevant
regulatory requirements in the event there are restrictions on Vinnie’s ability to make a
valid application Medical Treatment Class UB Subclass 602 visa?
Your answersshould be supported by reference to the relevant legislative provisions.
