Graduate Diploma in Migration Law

LML6001 – Practitioner Legal Skills for Australian Migration Law

Assessment Task 2 – Semester 2, 2019

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 20% of the assessment in this unit.

4. Your answers must be typed on one side of the paper, double-spaced and with a
wide margin. 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. If a task is received that exceeds the word limit it may be
returned to the student.

7. All answers should be supported by reference to the relevant legislation

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 list.

Assessment Criteria
1. Accurate answers to the questions demonstrating knowledge of statutory
interpretation, case law, legislative and regulatory provisions.

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.

QUESTION

You are a newly registered migration agent.

For a few weeks after commencing practice, you have only assisted with the lodging of seven
Student (Temporary) Class TU Subclass 500 Visa applications and one Partner Class UK/BS
Subclass 802/801 Visa application. In relation to the Partner Visa application, you were informed
yesterday that the relationship has ended but they do not wish to inform the Department of Home
Affairs that the relationship has ended.

A new client contacted you recently and wishes you to assist with a Distinguished Talent Class
BX Subclass 858 Visa application. After lengthy discussions, you agree to a fee of $6,000 plus
disbursements. You are concerned that as this is your first Distinguished Talent Visa application,
you do not want to make any errors.

What are your obligations, if any, under the Migration Agents Regulations 1998 (Cth)?

You are required to support your answers by specific reference to the legislative and regulatory
provisions, if applicable.

(20 marks)
(Maximum Word Limit: 1000 words)