Graduate Diploma in Migration Law
LML6002 – AUSTRALIAN MIGRATION LAW Assessment Task 1 PART A – Semester 2, 2023
NOTE: TASK 1 COMPRISES TWO PARTS – PART A – SHORT ANSWER QUESTION AND PART B – MULTIPLE CHOICE QUESTIONS TO BE COMPLETED ONLINE AT THE END OF THE UNIT.
Instructions:
1. Students must answer all questions as indicated. Make certain all answers are clearly labelled.
2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease.
3. This assignment comprises 10% of the assessment in this unit.
4. Students should note that English expression; grammar and spelling are taken into account in assessment of their answers.
5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date for your class group. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt.
6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer.
7. A student, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.
8. REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list.
Assessment Criteria
1. Accurate answers to the questions demonstrating knowledge of statutory provisions and applying problem solving skills.
2. Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.
3. Arguments and information are clearly and logically presented.

Scenario
Hans Meyer arrived in Australia from Germany two years ago on a Temporary Skill Shortage Class GK Subclass 482 visa, sponsored by his Australian employer. His wife, Frieda, and his three step-children accompanied him to Australia.
(a) What visa is it most likely that his wife and children were granted? Explain your answer, making sure to support your answer by reference to relevant provisions of the legislation.
(b) What condition(s) would be found on Hans’ visa?
(c) What condition(s) would be found on Frieda’s visa?
While in Australia, Hans committed several drug offences. He was arrested and charged. Hans did not have his passport taken from him. He managed to leave Australia before the charges were due to be heard in court next month. He left his wife and children in Australia.
Frieda comes to see you. She tells you that Hans’ employer is not yet aware he has left the country. However, she thinks that the Department of Home Affairs must know he has left Australia as he left through an international airport.
Frieda informs you that she does not want to return to Germany and to Hans, and would like to remain in Australia. She explains that over the past 6 months she has been in a relationship with another man and that she and the children are moving in with him next week.
Frieda is aware that because Hans left his employment, his visa could be cancelled by the Department of Home Affairs. She also understands the fact that if his visa is cancelled, her visa would also be cancelled. However, she has not received any notification about this yet.
(d) Outline the advice you would give Frieda about whether she and her children can make a valid application for a Partner Class UK/BS Subclass 820/801 visa in Australia. Be precise.
(e) Would your answer be different if Frieda informed you that she has now received notification that her visa has been cancelled?
You must support your answers by reference to the specific legislative provisions.
(10 marks) (Maxi