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Assignment Task

 

Scenario:

You work at migration firm Addy’s Aussie Agency, supporting a busy migration agent (Adelaide Hobart) with her clients. One such client is David and his partner Rashida.
Today (31 March 2021) you met with David and Rashida, together with Adelaide, to discuss a potential visa application. During the meeting you learned the following information:
• David (M, DOB 26/03/1991) is an Australian citizen
• Rashida (F, DOB 18/05/1994) is an Afghan citizen, who came to Australia on 26 December 2021 on a three-month visitor visa to attend an international development conference in Melbourne, which ran from 27 to 30 December. Her visa had Condition 8503 attached.
• Rashida obtained a UK student visa in 2016, and completed a Bachelor’s Degree in International Relations from the University of London. She graduated in November 2019.
• She worked for an international finance group from 1 December 2019, while holding a UK post-graduation visa, which expired on 31 December 2020. She was able to attend the conference and file a report as a “last act” for her UK employers. She had intended to return to Afghanistan early in 2021, after some sightseeing in Australia.
• David was working as event staff at the conference and met Rashida at the conference on 28 December. The two struck up a conversation over the crepe stall in the conference venue, as you do, and agreed to meet later for dinner.
• David and Rashida entered into a relationship almost immediately following their meeting, and Rashida has been living with David in Melbourne ever since.
• On 24 March, Rashida received tragic news that her family had been attacked by the Taliban, and her father was killed. Her mother and younger sister remain missing and Rashida fears the worst.
• Rashida experienced severe anxiety and depression as a result of these events, and simply forgot that her visa expired on 26 March.
• David has taken leave from work to care for Rashida and the bond between the two has been strengthened as a result. They are now inseparable.
• Rashida has never previously been in a relationship, and advises you that her family may not be happy about her living with a man while unmarried. It may cause the Taliban to target her as a suspected apostate as well.
• Some of David's close friends have met Rashida and they have got along well. David and Rashida would like your assistance to lodge an onshore visa application for
Rashida, noting her visitor visa expired on 26 March 2021 and she has not applied for any other visa since arriving in Australia.

QUESTION 1
Adelaide has delegated to you the immediate task of identifying whether any legislative barriers exist that will prevent Rashida from making a valid visa application while inside Australia.
Write a brief file note to Adelaide identifying Rashida’s current status. Explain how s.48 of the Migration Act 1958 applies to Rashida's circumstances. Explain any other 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 Rashida needs to take to resolve her status.

QUESTION 2:
In the meeting, Adelaide informed Rashida that she believes there may be more than one visa option open to her. She offers to provide an overview of the various options to Rashida that will enable her and David to make a decision about which visa to apply for. Identify at least two visa subclasses that may be available to Rashida to lodge onshore, given her current circumstances.

 

 

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  • Posted on : April 03rd, 2019
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