Locate and read the following case: THHT and Minister for Immigration and Citizenship  AATA 175.
Assume that you were the Migration Agent engaged to lodge the AAT application for the review applicant, Mr M, and draft the supporting submission, including references to supporting documents.
(Total marks: 20 marks)
(Total words: 1000 words)
Locate and read the following case: Brar v Minister for Immigration & Anor  FMCA 593.
Answer the following questions:
1. Briefly outline the history of the matter leading to this decision. (5 marks)
2. Paragraph 9 of the reported decision sets out the ground on which the application to the Federal Magistrates Court was made. The ground refers to the fact that the Tribunal “erred in law”. Explain, with reference to the relevant legislation and case law, the significance of this phrase. (5 marks)
(Total marks: 10 marks)
(Total words: 500 words)
Ivan, a national of Russia, arrived in Australia on a subclass 676 tourist visa. He stated on his visa application that he would be visiting his brother and visiting Cape York and other tourist destinations in Queensland. However Ivan was caught working at a restaurant in West End, Brisbane and his tourist visa was immediately cancelled. He subsequently lodged an application for a Protection Visa subclass 866. That application was refused and he appealed the decision to the Refugee Review Tribunal. The Tribunal affirmed the DIAC decision to refuse Ivan the protection visa. Ivan then sought Ministerial Intervention, however he was again unsuccessful.
Eventually Ivan departed Australia and returned to his home in Russia. Then, one month after returning to Russia, he contacts you stating that he wants to apply for a subclass 572 student visa. He wants to know if his previous visit to Australia and the problems he encountered with the immigration department will affect his student visa application.
Provide Ivan with a written letter of advice addressing his concerns about his immigration history in Australia and whether or not this will affect his student visa application.