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Essay Critically Analyse Elements of Australian Migration Law – Essay Writing – Law Assignment Help

Assignment Task

Assignment
PURPOSE

The purpose of this assessment is to assist students to contextualise their learning and use theoretical knowledge in a practical and real-life situation.  Students are asked to use critical thinking and reasoning to suggest a solution to a factual problem or problems.
This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses the following learning outcomes:
Locate, navigate and interpret Migration legislation and identify the role of policy
Demonstrate understanding of the Australian visa system, the roles of Courts and Tribunals in Migration Law and articulate the principles of statutory interpretation
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 
Research, formulate and implement appropriate strategies for providing effective advice to clients

QUESTION 1
Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 is an important case that covers many matters relevant to your study of immigration law.
In essay format, discuss why this case is relevant to the materials you have covered in LAWS503.
In answering this question, provide examples and explanations of how the case highlights the operation of Australia’s legal system, and in particular, migration law, and refer to issues discussed in your course material.

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QUESTION 2
It is 16 March 2021 and you are working in the migration firm IA Australia. Your supervisor conducted an urgent interview this morning with new client, Frank Prentice, for which you previously prepared a file note (Assessment 2).
Your supervisor has returned from a long hearing at the AAT and has asked you to provide further assistance with this case.
Based on further instructions received from the client, your supervisor believes that Mr Prentice is eligible to apply for a further subclass 462 visa that will meet his needs by granting him the ability to remain in Australia until (at least) 30 June 2021, and to continue working for the Queensland Government for that period.
In a follow up discussion with the client this afternoon, your supervisor told him that there were a number of visa conditions attached to a subclass 462 visa of which the client must be aware. The client has asked for further information concerning those conditions. Your supervisor has tasked you with the following task:
Write a letter to your client explaining the conditions on his visa.

In your letter, you must:

  • Explain the legislative basis for the imposition of conditions on visas;
  • Explain where conditions are found for the specific visa; Describe the conditions that apply and their practical effect on your client;
  • Explain the difference between mandatory and discretionary conditions; and
  • Explain, with reference to policy, in what circumstances the discretionary conditions may be attached to your client’s visa

You are not required to provide any additional advice as to your client’s eligibility for the visa, the visa application process, or any other aspect of your client’s case.

QUESTION 3
Section 21(h) of the Australian Citizenship Act 2007 requires that an applicant for Citizenship by conferral under the General Eligibility Criteria must be of “good character”.
Summarise the practical meaning of this requirement.
With reference to the tools of statutory interpretation that you have studied in LAWS503, explain the process you followed to arrive at that interpretation.

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