7131LAW Problem Solving Task

7131LAW Problem Solving Task
Question 1 Scenario   You are a registered migration agent and have just successfully assisted your client, Lisa Armstrong, to be granted a Training (Class GF) subclass 407 – Training Visa. Lisa is a UK citizen currently in the UK and now planning to travel to and enter Australia on her new visa to start her training as a Mining Engineer with her Australian employer in regional QLD. Amongst the things you need to advise her about, are the conditions that she might find on her visa. Questions What conditions might Lisa find on her subclass 407 visa? Which of these conditions are mandatory and which discretionary? Explain how you know. Using your own words and in plain English, explain the meaning and effect of the conditions that will be on Lisa’s visa. Scenario Kavita Anand, a citizen of India, has come to see you in your office. She arrived in Australia as the holder of a Visitor (Class FA) subclass 600 in the business visitor stream. She is a Doctor at the Jaslok Hospital and Research Centre in Mumbai. During her time in Melbourne, attending a conference, she met a local renal physician, Vinay Patel, and they got to know each other over dinner after the conference. Vinay was impressed with Kavita’s knowledge and skills and suggested she apply for one of the positions currently open in his Department at the Royal Melbourne Hospital. Kavita was thrilled with the idea, submitted her application and whilst waiting to hear back from the hospital she took some time to travel and see the sights around regional Victoria. Two weeks later she attended the interview and received the job offer. Kavita has come to you for advice about a work visa.   You check Kavita’s visa status on VEVO and note that her subclass 600 visa expired yesterday. She does not hold any other visa. Questions  a) Outline the requirements for making a valid visa application for a Temporary Skills Shortage (Class GK) Subclass 482 Visa. b) Explain whether or not Kavita is able to make a valid application for this visa while in Australia c) Would your answer to (b) be different if Kavita’s visa had not yet expired? Explain why or why not? Question 3 Total words for Q3: 500 Scenario    Carmen, an 80-year-old citizen of Spain, is visiting her son Rafael in Australia. Rafael is a permanent resident of Australia. Carmen arrived in Australia as the holder of a Visitor (Class FA) subclass 600 visa. Her subclass 600 visa did not have an 8503 condition and she made a valid application for an Aged Parent (Class BP) (Residence) subclass 804 visa when she first arrived. She was automatically granted a Bridging A (Class WA) subclass 010 visa at the time she applied. While she was waiting for her application for the Aged Parent visa to be processed, her subclass 600 visa expired. At that point, her bridging visa A came into effect to keep her lawful. A week after her subclass 600 visa expired Carmen’s application for the Aged Parent subclass 804 visa was refused. Carmen had failed to respond to requests for further information about where her other children live, which meant the Department could not be satisfied that she had met all the criteria for grant of the visa and proceeded to make the decision to refuse the visa application. Questions (5 marks, 250 words) With reference to the relevant legislation and policy, answer the following questions: Under what section(s) of the Act can the Minister request further information from a visa applicant and what particulars should such a request include? What should Carmen have done when she received the Department’s request for further information? Scenario continues…. Carmen is still very keen on getting an aged parent visa so she can live permanently in Australia with her son. Carmen would now like to know whether she can make another application for an Aged Parent (Class BP) (Residence) subclass 804 visa while she is in Australia. Questions  Is Carmen able to make a valid application for another Aged Parent (Class BP) (Residence) subclass 804 visa while she is in Australia? Please note: You are not required to address Schedule 2 eligibility criteria in your answer. You must explain your answers with reference to the relevant legislative provisions Question 4 Scenario Hirut, aged 26 and unmarried, works as an agricultural scientist for a research laboratory in Addis Ababa in Ethiopia. She is an only child and she lives with and cares for her 68-year old widowed mother, Habiba. Habiba receives no pension and all her expenses are borne by Hirut. Hirut has been awarded a scholarship to commence her PhD at the University of Queensland (UQ) and has been invited by UQ to apply for a Student (Temporary) (Class TU) (subclass 500) visa.  Hirut wants to bring her mother to Australia while she studies at UQ. Questions  Answer the following questions: Find the definition of “dependent” in the Migration Regulations 1994 (Cth). Is Habiba dependent on Hirut for the purpose of this definition?    Can Habiba make a valid application for a Student (Temporary) (Class TU) (subclass 500) visa as a member of Hirut’s family? Explain why or why not. Summarise the requirements that need to be met for a Student (Temporary) (Class TU) (subclass 500) visa application to be valid.  
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