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Diploma in Migration Law Assignment

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  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 35% 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 assessments be
    lodged electronically. This will then automatically generate a receipt.
  6. WORD LIMIT: Word limits are indicated for questions and should be adhered
    to with each answer, these limits are indicative of the amount of information
    required to address the question.
  7. All answers should be supported by reference to the legislative
    provisions of the Migration Act and Regulations.
  8. A student whose answer to any question depends upon facts which are
    not stated, must discuss all relevant alternatives.
  9. 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
    Assessment Criteria: Content (40%)
  10. Clearly and concisely discusses whether the visa criteria are met
  11. Accurately identifies and cites the law, policy and/or ethics relevant to the facts
    Understanding (40%)
  12. Justifies answers by clear reference to the relevant facts, identifying logical
    assumptions made about the facts in answering questions, including further
    information that may be required
    Expression (20%)
  13. Presents information clearly and logically in a businesslike manner.
    Page 2 of 2
    Joanne Featherstone is 42 years old and a citizen of the United States of America
    (USA). She has been working in the USA as a chemical engineer for the past 15
    years and has undergraduate and post graduate degrees from MIT in the USA. She
    is at present working for a chemical engineering company, ChemGroup Australia, in
    Sydney as a chemical engineer. She currently has a Temporary Skill Shortage Class
    GK Sub class 482 Visa. Her visa is valid for 4 years and she has been working with
    this company for the last 2 years. Joanne is married to Jim Featherstone and they
    have a son, Matthew, aged 20 years who is presently studying at Princeton in the
    USA. Jim and Matthew were not included in Joanne’s 482 visa application as they
    wished to continue residing in the USA.
    However, in light of the current pandemic and the fact that Jim recently suffered a
    mild heart attack, Joanne, Jim and Matthew jointly decide that Joanne should obtain
    permanent residence in Australia and that the family would relocate to Australia
    permanently. Jim is currently taking medication for his heart condition which costs
    approximately AUD100 per month. Joanne spoke to Frank, the Head of Human
    Resources of ChemGroup Australia and they agreed to sponsor her.
    Frank is considering whether to have Joanne take over as Acting Managing Director
    for the company for the next 3 months, as the Managing Director is ill.
    Frank consults you, a registered migration agent, about the visa options and
    requirements for Joanne and her family to gain permanent residence. Frank has
    asked to meet with you to discuss the following.
    Prepare a comprehensive memorandum for Frank addressing the following
  14. The visa option(s) for Joanne and her family.
  15. The requirements for the above visa option(s) and any associated risks.
  16. The processing times for the visa application.
  17. Would there be any impact on the company or Joanne if she is made Acting
    Managing Director?
    Your answers must be supported by references to relevant legislative and/or
    regulatory provisions.
    (35 marks)
    (Maximum Word Limit: 2200 words)

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