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Assessment 3 LAWS504 Examination

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The purpose of this assessment is to assist students to contextualize 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 analyze elements of Australian Migration Law
and provide conclusions informed by legislation and policy and assesses the
following learning outcomes:

  1. Locate, navigate and interpret Migration legislation and identify the role of
  2. Demonstrate knowledge on visa application and processing including types of
    visas, validity, criteria and conditions
  3. Strategically analyse and assess client’s visa eligibility
  4. Research, formulate and implement appropriate strategies for providing
    effective practical advice to clients on visa options and pathways.

You continue to work at migration firm Addy’s Aussie Agency, with Adelaide Hobart
as your supervisor.
In addition to the facts you received in Assessment 2 (which remain relevant to this
assessment), you and your supervisor have received the following further

  1. Rashida obtained a Condition 8503 waiver on 10 May 2021.
  2. David and Rashida were married on 22 May 2021. They have both the official
    documentation and a great number of photographs and other relevant
    evidence of their wedding.

Rashida made a valid subclass 801 / 820 application, with your and Addy’s
help, on 24 May 2021. That application is (obviously) yet to be decided.
Rashida was granted a BVC on the same date.

  1. David has returned to work, on reduced hours.

QUESTION 1: (750 words, 15 marks)
Rashida’s experience in finance and international development has come to the
attention of a finance organisation in Melbourne, through one of David’s friends.
They wish to offer her a part-time job. Adelaide has asked you the following

  1. What conditions are imposed on Rashida’s BVC?
  2. If a non-citizen holds a BVC that does not give permission to work, is there
    any way that he or she can obtain permission to work?
  3. If so, how?
    Draft an email to Rashida explaining her current status as the holder of a
    Bridging Visa C and explaining the conditions that will be imposed on it.
    Specifically, address whether Rashida has any option to obtain permission to
    work, and if so what she must do.
    In your email make sure you make reference to the relevant law and policy to
    support your answer, either in the body of the letter or as a footnote. Remember that
    references are required even though you may not use them in a real email to a
    QUESTION 2: (1,250 words, 25 marks)
    Following Rashida’s father’s death, Rashida’s mother Asal fled to Pakistan with her
    daughter (Rashida’ sister), Anousheh. On 1 June they are able to make contact with
    Rashida from Karachi. Asal is more than a little surprised to hear that Rashida is
    married, but she takes the news reasonably well.
    Asal is worried about Anousheh, however. Even though she is only 16, Anousheh is
    gaining a reputation as something of a campaigner for the rights of women and girls,
    and is also a keen cricketer. (She can recite the career statistics of Rashid Khan and
    Mohammed Nabi, Afghanistan’s two best players, as well.) Asal feels reasonably
    safe in Pakistan, but is not sure about Anousheh.
    Asal has raised the idea that Anousheh might like to finish High School in Australia,
    and Anousheh has agreed. Anousheh has just finished the equivalent of Year 10,
    would like to finish Years 11 and 12 in Australia. However, she has made it clear that
    she wants to go back to Afghanistan once she has finished Year 12 and continue her
    activist work.
    Anousheh has good English, but she realises it is not flawless and would like to
    improve it. Asal is financially very well off (one reason they were attacked by the
    Taliban in the first place). Anousheh has been offered a place at South Melbourne

High School for next year, and she is eager to accept, as it is a good school and they
have a girls’ cricket team.
Adelaide has given you the following task:
Write a formal letter of advice to Rashida setting out your advice, ensuring that
you cover the following issues:

What is the appropriate temporary visa for Anousheh?

What are the key validity and grant criteria for this visa?What information and evidence will Anousheh need to provide to be granted
the visa?

Rashida has also asked you if Asal could accompany Anousheh to Australia.
Advise whether this is possible, and if so what visa Asal should apply for.
What information and evidence should Asal include in such an application?

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