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7131LAW Foundations Of Australian Migration Law And Practice

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Question 1

Albert Zweistein, a 22 year old citizen of Germany, entered Australia as the holder of a Student (Temporary) (Class TU) subclass 500 visa. He has been studying an English course over the past year and recently went on holiday to celebrate the end of his course.

Albert has just realised that his visa expired yesterday and has turned up in your office asking for your help. You are a registered migration agent. He would like to know whether he can now apply for another student visa while he is in Australia. Albert tells you that he has already enrolled in a Bachelor of Arts degree at Griffith University in Brisbane and is looking forward to starting in 2017.

  1. Prepare a letter of advice to Albert in which you explain the requirements to lodge a valid application for the Student (Temporary) (Class TU) subclass 500 visa and advise him whether or not he is able to lodge a valid application for this visa.
  2. Would your advice be different if instead of simply expiring, Albert’s subclass 500 visa had been cancelled under s.109? In that case, would Albert be able to lodge a valid application for a Student (Temporary) (Class TU) subclass 500 visa? Explain by reference to the legislation.

Question 2

You are a registered migration agent with a fledgling practice. You have received an email from a potential client in Uganda. Akello is asking for your advice about applying for a visa to live in Australia. He tells you that he and his Australian citizen girlfriend, Kissa, have been living together for over a year in Uganda and that they are planning to get married next week and then eventually move to Australia. He tells you that he already has two wives and that he and Kissa will be getting married in a customary marriage ceremony. He would like some information about a partner visa.

With reference to relevant provisions of the Migration Act 1958 and Migration Regulations 1994, prepare an email in response in which you:

  1. Explain the definition of “spouse” and whether or not Akello’s relationship with Kissa meets this definition;
  2. Explain the definition of “de facto partner” and whether or not Akello’s relationship with Kissa meets this definition;
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