assessment 2

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University of Tasmania *

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Course

106

Subject

Law

Date

Jan 9, 2024

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docx

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3

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Purpose The purpose of this assessment is to assist students to contextualise their learning and test key practical skills. Students are not required to provide legal advice or analyse and solve a client scenario in this assessment. However, students are asked to use critical thinking and reasoning to demonstrate their understanding of some crucial skills for future practice as a Migration Agent. This task assesses the following learning outcomes: 1. Demonstrate understanding of the Australian visa system, the roles of Courts and Tribunals in Migration Law 2. In the context of Australian Migration law, critically evaluate the history of immigration, sovereignty and multiculturalism and their effects on the Australian legal system and development of the Department of Home Affairs 3. Research, formulate and implement appropriate strategies for providing effective advice to clients Your Assignment 2 task comprises two parts: PART 1 Part 1 builds on the communication skills we have been learning in our weekly modules, including client interviewing. This assessment is intended to measure your understanding of interviewing techniques and to consider the professional obligations of a migration agent. You are not required to conduct an interview for this assessment. Scenario It is your first day working as a migration agent working for a busy migration practice. Your supervisor receives the below email and asks you to meet this new client as he is too busy to take on an urgent case. Email received on 15 August 2023 at 10.46 am Good morning, My name is Mo and I am working in Kalgoorlie. I need to speak to someone urgently about a visa. I have fallen in love and want to know what options there are. Can you conduct an interview urgently? Cheers, Mo Question 1 (750 words – 20 marks)
In order to prepare for the above interview, your supervisor has asked you to watch a recording of an interview he conducted with another new client in March 2021. The Sample Interview is available below. After watching the Sample Interview, consider a Migration Agent’s professional obligations during an interview with a new client and provide a critique of the performance of the migration agent. In particular: Identify three (3) professional obligations under the Code of Conduct that the agent did not comply with. Give examples from the interview in support of your answer. Your answer to this Question can be written in the first person and is not required to follow any specific format. Question 2 (250 words – 8 Marks) After reviewing the Sample Interview and considering the email you have received from your new client, your task is to identify five (5) important questions that you would ask this client and explain why those questions are important. You can assume that your office has taken the following relevant identification information from your client (name, address, phone number and date of birth only ) and as a result you do not need to ask for this information. Your answer to this question may be written in the first person and should explain the relevance of each question you propose. You do not need to give any legal advice in your answer. PART 2 Part 2 builds on your understanding of the structure and foundations of our legal system. Scenario On 13 April 2023, The Conversation published the following article: High Court ruling in immigration case could impact hundreds of visa decisions since 2016 Links to an external site. Question 3 (500 words – 12 marks) Read the above article and discuss in essay format how the issues and facts described in the article demonstrate the operation of the doctrine of separation of powers in Australia. In your answer, you should provide at least one example of the actions taken by each of the three arms of government in this matter. Summary
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