Michael and Ali Migration Case Study
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 suggest a solution to a factual problem or problems.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:
- Locate, navigate and interpret Migration legislation and identify the role of policy
- Demonstrate knowledge on visa application and processing including types of visas, validity, criteria and conditions.
- Strategically analyse and assess client’s visa eligibility
- Research, formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.
You work at migration firm @Australia, supporting a busy migration agent with her clients. One such client is Michael and his partner Ali.Yesterday you met with Michael and Ali, together with your supervisor, to discuss a potential visa application.
During the meeting you learned the following information:
– Michael (M, DOB:26/03/1991) is an Australian citizen
– Ali (M, DOB:18/05/1989) is an Afghan citizen, who came to Australia on 6 December 2019 on a three-month visitor visa to attend an international development conference in Melbourne. The visa had condition 8503 attached.
– Ali is a qualified civil engineer, holds a Bachelor of Engineering from the University of Southampton(UK) and has worked for the past three years as part of the government-led effort to rebuild Afghanistan.
– Michael was working as event staff at the conference and met Ali at the conference on 10 December. The two struck up a conversation over the crepe stall in the conference venue and agreed to meet later for drinks.
– Michael and Ali entered into a relationship almost immediately following their meeting, and Ali has been living with Michael in Melbourne ever since.
– Following a series of attacks in Afghanistan that have continued over recent months, Ali received tragic news that his family had been targeted due to his role working for the government, and his father was killed. His mother and younger sister remain missing and Ali fears the worst.
– Ali experienced severe anxiety and depression as a result of these events and refused to leave Michael’s house during most of February and March 2020.
– Michael has taken extended leave from work to care for Ali and the bond between the two has been strengthened as a result. They are now inseparable.
– Ali has never previously been in a relationship, and advises you that none of his family knows that he identifies as homosexual. He fears that even if he were able to return home, his sexual preference would make him an even greater target for certain groups operating within Afghanistan.
– Michael is a proud member of Melbourne’s rainbow community and has been slowly talking Ali into joining him at various events. Some of Michael’s close friends have met Ali and they have got along well.
Michael and Ali would like your assistance to lodge an onshore visa application for Ali, noting his visitor visa expired on 5 March 2020 and he has not applied for any other visa since arriving in December 2019.
QUESTION 1: (400 words, 10 marks)Your supervisor has delegated to you the immediate task of identifying whether any legislative barriers exist that will prevent Ali from making a valid visa application while inside Australia.
Write a brief file note to your supervisor identifying Ali’s current status and explaining any barriers that may prevent a valid application. Your file note should set out your advice, with reference to the legislation and relevant policy, as to how those barriers may be overcome and what steps Ali needs to take to resolve his status.
QUESTION 2: (1,100 words, 25 marks)
Your supervisor informs Ali that she believes there may be more than one visa option open to him. She offers to provide an overview of the various options to Ali that will enable him and Michael to make a decision about which visa to apply for.
Identify at least two visa subclasses that may be available to Ali to lodge onshore, given his current circumstances.Write a file note to your supervisor nominating two relevant onshore visa subclasses and outlining the legislative criteria that Ali would need to meet in order to make an application and be found eligible for each subclass, including:
– Schedule 1;
– Schedule 2; and
– Any relevant criteria in other schedules.
In your file note make sure you make reference to the relevant law and policy to support your answer.
If there are issues on which you feel you need further information in order for your supervisor to properly advise Michael and Ali, you should bring these to her attention as part of your file note.