BLO5606 – Australia’s Visa System – Victoria University – Melbourne Australia

QUESTION 1

Su Ling, an environmental science student from China came to Australia in 1999 on Visitor Visa (subclass 600) to attend a conference on climate change. At the conference, Su Ling met another delegate, Sunil Kumar, from India, and the two had a one-night affair after attending a function when both got highly inebriated. While Sunil subsequently returned to India after the conference, Su Ling decided she would stay on even though her visa only allowed her a fortnight’s stay.

 

Su Ling soon discovered she was pregnant from her one-night stand with Sunil and subsequently gave birth to a baby boy, whom she named Sunny, in memory of his father Sunil. Su Ling and Sunny managed to remain undetected in the community and, under the Australian Citizenship Act, Sunny automatically acquired Australian citizenship on his 10th birthday in 2009.

 

You have recently obtained registration as a migration agent. Su Ling comes to your office today and asks for your help in regularising her immigration status in Australia. She tells you she is now aged 42 but still unmarried and living with her son Sunny, who turned 18 last week, in an apartment in Richmond. Su Ling also tells you her son suffers from a congenital heart condition which restricts his employment opportunities and requires regular care and attention. They rely heavily on support from her brother Su Man, an Australian citizen working as a dentist in Sydney.

 

Su Ling tells you she would prefer not to leave Australia, but if necessary, she is prepared to go back to China with Sunny for a while, whilst awaiting the outcome of any visa application.

 

Advise Su Ling on TWO possible visa options for permanent residence and the necessary procedural matters for each option.

Your answer must be supported by reference to specific provisions in the legislation.

 

 

QUESTION 2

Irina Shiranova came to Australia from Slovenia on a Work and Holiday (subclass 462) visa. While travelling around Australia, Irina worked at the Kaiser Wilhelm Vineyard in the Barossa Valley where she met Bobby Burns, a foreman at the winery. Bobby was enchanted by Irina’s charms and before she could say ‘Bob’s your uncle’, the two got married in Adelaide, spent a night’s honeymoon at the Hotel Intercontinental, then returned to the Barossa the next day for a reception hosted by the vineyard owners and attended by all the employees. Of course there were gallons of Kaiser Wilhelm champagne.

 

 

At the reception, when everyone was enjoying the plentiful champagne, the best man Kevin, a fellow worker at the vineyard, became rather over-excited and got flirty with Irina, kissing her passionately in front of everyone. When Irina showed no apparent sign of resisting Kevin’s amorous gestures it inflamed Bobby so much he wrestled Kevin to the ground. When Irina tried to separate the two, Bobby turned around and punched her in the face, causing her to suffer a bloody nose and lacerations to her jaw, and she also lost two front teeth as a result.

 

Bobby, having then realised what he had done, tried to apologise to Irina, saying he had not meant to hit her. But Irina was by this time so scared she would not have anything further to do with him. Susan, the wife of the vineyard owner, took Irina to Barossa Hospital, where she was treated for her injuries. However, Irina decided not to press charges against Bobby in view of his seemingly sincere apologies and regret, but when she was finally discharged from the hospital, instead of going back to her husband, Irina moved into Susan’s home where she is still staying. Irina has also ceased working at the vineyard for fear of having to confront Bobby, but has found a job as a bartender at the local pub.

 

You have recently obtained registration as a migration agent. Susan comes to your office today and asks whether there is anything you can do to help Irina with her visa status. Susan tells you Irina lodged an application for a Partner visa with the Department of Immigration and Border Protection in Adelaide the very day she got married to Bobby and before the unfortunate incident at the wedding reception, but she has not heard anything from the Department apart from an acknowledgment to say they have received her application and will be looking at it in due course. Susan also tells you that she is a qualified social worker at the Barossa Citizens Advice Bureau and has been consulting Irina in her professional capacity. Susan will be happy to help Irina with her visa application in whatever way she can.

 

Advise Susan accordingly.

Your answer must be supported by reference to specific provisions in the legislation.

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