Country : Australia
Assignment Task :

PURPOSE:

The purpose of this assessment is to assist students to contextualise their learning and use

theoretical knowledge in a practical and real-life situation. Students are asked to use critical thinking and reasoning to develop a solution to a factual problem.

This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses the following

learning outcomes:

1. Locate, navigate and interpret Migration legislation and identify the role of policy

2. Demonstrate knowledge of review processes

3. Research, formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.

 

Scenario:

Boris Johnston has a UK passport and met Nellie Melba, an Australian citizen whilst he was working in a small coffee shop in his working holiday visa. They became very close and started living together from 20 December 2018, about 6 weeks before Boris’ visa finished on 2 February 2019.

Nellie was renting a new unit, and Boris joined her on the lease before they moved in.

Boris stopped work at the coffee shop on 20th January 2019 because Nellie became quite sick and had to go to hospital for an operation. Nellie was in hospital for 2 weeks and then came home on 3 February 2019 and she need care by Boris for the next two weeks. In the urgency of Nellie’s medical issue, they completely forgot about lodging the partner application before Boris’ visa finished.

They were advised by a friend to get a relationship registration, which arrived on 30 March 2019 and then they quickly lodged the application the same day. At the time they were very busy, so they rushed the partner visa application and did not add many items of evidence to it. 

At first Boris was granted a bridging visa C with the condition 8101, but he was able to get that changed to Nil conditions on a new bridging visa C, granted after showing a compelling need to work. Their statements were short and their two witness statements were also very short, with little detail.

Even though they had a joint account, not much money was in it because Nellie only works part time, whilst she is studying. They are only able to afford their rent and daily expenses thanks to a loan from Nellie’s parents.

On 20 June 2019, the Department wrote to them requesting more information on the nature of the relationship, and the schedule 3 issue because Boris was unlawful at the time of the application.

They missed the email because Nellie was pregnant and not well so she needed to visit the doctor quite often. the Department refused the case on the basis that the delegate was not satisfied that the evidence showed their relationship was genuine and continuing, and the schedule 3 issue, therefore did not meet the requirements of paragraph 5CB(2)(b) of the Migration Act 1958. The refusal email was dated 2 August 2019.

Boris lodged the appeal with the AAT on 10 August 2019.

Nellie had a baby boy who they named Thomas on 20 December 2019. Baby Thomas had a few medical issues after birth, and so needed extra care, but he seems to be well now even though he always wants attention. Nellie kept copies of the medical records.

The AAT has written to you about the hearing setting a date for late May 2020, and so you have to prepare submissions. Nellie had to leave her part time work because she kept needing to take days off for sick leave and her employer was not able to keep her part-time position. Boris has been unable to work since the COVID19 shut down of many businesses, especially in hospitality where Boris was working.

Nellie recently learnt she is pregnant again and their second child is due in late December 2020.The AAT send a s359A letter setting out the requirements for schedule 3 and the waiver if relevant, and also asking for more information about their application. The AAT states that on 30 March 2019, the date of the visa application, their relationship was short and wanted to know if there were compelling issues to waive the schedule 3 requirement. 

The AAT letter states that you have until 27 May 2020 to respond to the letter.

In her statement (supplied) Nellie explains that Boris often gives her cash from his savings to help buy groceries and other things for their son. Boris does a statement (supplied) to explain his work and current unemployment.

 

TASK:

Prepare a 2000 word submission to the AAT that responds to the s359A letter. The response is due on 27 May. You must answer the schedule 3 issue, identify the evidence that supports your submissions, and list it. The submission should include an explanation of the key dates in their relationship and provide a list of attachments listing whatever evidence you think is relevant for the partner visa genuine relationship criteria.

You have been supplied with two statements. No evidence (including the two statements you have been supplied) needs to be submitted as part of your assessment. Only a submission and a list of attachments needs to be submitted.

Make sure you create a file number for the AAT case and set out the names and dates of birth of the review applicant and the sponsor.

 

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  • Uploaded By : Grace
  • Posted on : May 13th, 2019
  • Downloads : 315

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