LML6005 Task 2 S1 2024 Final

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Victoria University *

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LML6005

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Law

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Apr 3, 2024

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pdf

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1 GRADUATE DIPLOMA IN MIGRATION LAW LML6005 VISA COMPLIANCE AND CANCELLATION ASSESSMENT TASK 2, Semester 1 2024 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. 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. Students must ensure they keep a copy of their work. 6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer. 7. All answers should be supported by reference to the relevant legislative provisions. 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 answer to question 2. Accurately identifies and cites the law, policy and/or ethics relevant to the facts provided. 3. Justifies answers by clear reference to the relevant facts and law. 4. Clearly identifies and discusses the issues raised by the facts. 5. Presents information clearly and logically in a businesslike manner.
2 SCENARIO Tatiana is a 28 year old citizen of Poland who has lived in Australia for 8 months on a Working Holiday (subclass 462) visa. Tatiana had already lodged an offshore Partner visa prior to arriving and is awaiting a decision on the permanent visa. Tatiana had met Herbert, a permanent resident, online through playing MineCraft. Herbert flew to Poland and got married to Tatiana. To ensure they could continue their life together in Australia, Tatiana moved to Australia once her Temporary visa was granted. Following incorrect advice given by a migration agent, Tatiana has worked for three months in regional Victoria to satisfy the requirements for the permanent stage of her Partner visa. Towards the end of her stint there, she realised that she did not need to do this. This was compounded by the fact that on her last day of completing her regional work, she was granted her permanent partner visa. However, whilst working there, she formed a strong bond with another worker from Poland, Gorgio, and they continued to text. Tatiana invited Gorgio to stay with her and Herbert, against Herbert’s wishes. Herbert has a four year old son from a previous relationship and he has formed a special bond with Tatiana. Herbert also has developed arthritis and Tatiana always helps him with daily tasks on the days that his arthritis flares up. One day after dinner, while Gorgio and Tatiana were outside drinking and what looked to Herbert that they were being very close and flirting, Herbert went outside and told them to have some respect. Tatiana, a little bit drunk, told him to get lost, Herbert was outraged and lunged forward to which Gorgio went to punch him. Tatiana held him back and threw her beer bottle at Herbert. Herbert got knocked unconscious and did not appear to respond to their attempts to wake him. Herbert’s child woke up and came running outside crying. Tatiana and Gorgio panicked and called for an ambulance, telling them that Herbert, in a fit of rage, had attacked them both and they acted in self-defence. The ambulance came and took Herbert to the hospital, while the police took a statement from Tatiana and Gorgio about the “attack” that had taken place. Two days later, Herbert was alert enough to talk to the police, who wanted to hear Herbert’s version of events and find out if he could remember any details about what happened. Herbert was surprised when the police started asking him about attacking Tatiana and Gorgio. “No, no, no!” he exclaimed. “I didn’t attack them. They attacked me!” The police officers looked at each other, wondering if Herbert’s injuries had affected his memory. Herbert said, “I am positive I am remembering it correctly.” A few months passed and despite some sadness that Herbert felt towards Tatiana because she had lied about the incident, he still loved her and made attempts to reconcile. Tatiana remained and agreed not to talk to Gorgio again. As things were getting better, the police turned up to their front door and served Tatiana a charge sheet on two counts, one of causing assault and the other of making a false statement to police and preventing the course of justice. The police officers also applied for an apprehended violence order on behalf of Herbert and his son. Herbert looked at this and said I don’t want any of this; however, the police advised it was not up to him and the matter was in their hands now. Herbert asked how they could even prove that what they were saying was correct. The police reminded him that he had provided a statement and
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