LML6005-1 and 2 Tutorial Question 1 re Jenny (2024S1)

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Griffith University *

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3002LAW

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English

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Apr 3, 2024

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pdf

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LML6005 -1 and 2 TUTORIAL QUESTIONS QUESTION 1 Jenny Zhu came to Melbourne from Guangzhou on a 6 month student visa to study English. However, she rarely attended classes and failed all her exams. Her student visa was then cancelled the Migration Act 1958 . Sometime afterwards, Jenny was detained by Immigration Compliance during a routine check on a Chinese restaurant where she was working as a waitress. She was taken to the Immigration Detention Centre, and she submitted an application for a protection visa and was subsequently released upon payment of a $10,000 bond, placed on weekly reporting conditions, and the condition that she must not work or change address without permission. a. What bridging visa was Jenny eligible for when she applied for the protection visa from detention? b. Jenny's refugee application was refused and the refusal letter was handed to her during one of her weekly reportings. When would the bridging visa cease? c. Jenny appealed against the refugee application refusal decision to the AAT. Would she have to make an application for another bridging visa? When would the bridging visa cease if her appeal to the AAT was unsuccessful? d. Jenny decided to appeal to the Federal Circuit court. Would she have to make an application for another bridging visa? Can she apply for work while her application is before the Federal Circuit Court? e. Jenny's judicial review turned out to be unsuccessful, and she then sought Ministerial intervention. Would she have to make a separate application for another bridging visa? Can she apply for permission to work this time? Despite all her requests for permission to work, these had not been approved. Being a desperado, Jenny decided she would 'skip bail' and go into hiding. After not reporting for some time, Compliance confiscated her bond money. Then someone “dobbed” her in to Immigration, informing them that Jenny could be found working as a table dancer at a club in Melbourne at a particular time on a particular night. Compliance then raided the club and took Jenny back into detention. Jenny told Immigration she is really going home this time and produced an air ticket for departure next week. She requests that she be released to pack her things at her apartment. f. What conditions of the bridging visa would Jenny have breached when she was caught again by Compliance? g. Would Jenny be eligible for a bridging visa this time? Do you think Immigration would grant Jenny another bridging visa? In detention and in desperation, Jenny told Immigration that she knows who is involved in the organisation of unlawfuls to work in brothels, massage parlours and table top dance venues in Australia, and that she can help them with their investigations and prosecutions if she is allowed to stay. Hoe Affairs and Border Protection believes her story is credible, so in those circumstances h. What visas or permits may she potentially be eligible for to allow her to stay ? i. Are there any bridging visas may Jenny be eligible for? If granted, how long would this bridging visa be valid for? Jenny decides to turn over a new leaf as she is guided and seeks the salvation of religion, and she wants to shed all of her past.,She is of assistance and she wonders whether she may be able to stay beyond the legal proceedings j. What visas or permits may she potentially be eligible for to allow her to stay ?
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