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LML6002 : Migration And Visa Law

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  • Course Code: LML6002
  • University: Victoria University
  • Country: Australia

Question:

1). SCENARIO
 
Thanh, now aged 26 is a Vietnamese national who came to Australia on a student visa some 12 years ago. After studying secondary school, Thanh continued with her tertiary studies; having completed a Bachelor of Veterinary Science followed by a Master of Veterinarian Medicine at Melbourne University. After her studies, Thanh was nominated by the Ballarat Animal Clinic (BAC) as associate veterinarian. Thanh was granted the Regional Sponsored Migration Scheme (RSMS) permanent visa (subclass 187) last month. Thanh has a sister, Anh, now aged 23, who is also in Australia but only on a temporary Prospective Marriage (subclass 300) visa; having been sponsored by her Australian citizen fiancé, Phiet, in Melbourne. Anh arrived in Melbourne 3 months ago and her wedding to Phiet is scheduled to take place in a month’s time. After one month, Anh and Phiet got married and Anh then applied for an onshore Partner visa. However, about 6 months into the marriage, Phiet lost his job, got addicted to drugs and alcohol and Anh was subjected to constant verbal abuse and sometimes physical assault when her husband, Phiet, would come home inebriated.
 
Explain in a letter of advice (You must support your advice with reference to the specific regulatory provisions) With Anh’s Partner visa application still undecided:
 
(1) Is there anything Anh can do to seek permanent residence?
(2) Describe the steps Anh can take to demonstrate that she is the victim of family violence.
(3) What additional information would your require to support the application. Be precise.
 
2). SCENARIO
 
Anh recommended her friend Petra to come and see you. Petra requires some advice from you in relation to her current circumstances. Petra has been on a bridging visa A for one year so far as she is waiting her Administrative Appeals Tribunal Hearing date because of a student visa refusal. While she was waiting for the hearing, she married Fred two months ago. Fred was in a recent workplace accident and has lost mobility in one of his legs and has been advised that he will require at least 12 months to complete his rehabilitation program. This has made Petra even more anxious about her current circumstances as she has been the only person looking after him at home. In particular, Petra, would like some advice about a case that she heard about Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32; 241 FCR 121.
 
Prepare a letter of advice to Petra (in plain English) as to the reasons the Court arrived at their decision and the implications of this case for Petra.
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