Essay LML6004: Australia’s Visa System – Joseph v Minister Case Study – Law Assignment Help

Assignment Task:

SCENARIO 

You are invited to present an information session at one of the leading universities in your State. You are very excited about the opportunity and decide to print new business cards in case any students have any specific questions for you after the information session. 

At your information session, you decide to explain to students the requirements and the importance of complying with the conditions on their Student visas. You also explain to them about possible visa pathways including the Class VC Skilled Provisional Temporary Graduate (subclass 485) visa requirements, as that is the most common query you receive from Student visa holders and this is where you think you can capture new clients. 

The seminar goes very well. However, you are asked some curly questions. 

One student in particular, asks you a question about skills assessment for a Graduate Work visa stream. You advise him that there are two streams in the Class VC Skilled Provisional Temporary Graduate (subclass 485) visa and depending on the stream you apply for, a skills assessment may be required. 

The same student persists and then tells you that he has been provided an Invitation to Comment from the Department of Home Affairs about his visa application and in particular they have asked him to comment as to why his skills assessment was submitted after he applied for the Class VC Skilled Provisional Temporary Graduate (subclass 485) visa. You do not feel it is appropriate to go into the specifics of his case during the information session, nor do you have the answer to his question. You inform him that you cannot advise on specific cases during the seminar, however, he is welcome to book an initial consultation at your office. 

A second student asks you whether he has to actually wait for a completion letter for his course from the university before he applies for a Class VC Skilled Provisional Temporary Graduate (subclass 485) visa or can he apply when he has handed in his last assignment, as he understands that there is a long processing time. You are unsure of the answer but tell him that you would check and ask him to ring your office and you will advise him then. 

Both students ring your office before you return to your office and you decide to do some research before you call them back. 

You recall reading an industry newsletter which cited the following cases about the specific points raised by these students’ questions. You look through your email and find four different newsletters which made members aware of the implications of a specific case when assisting with Class VC Skilled Provisional Temporary Graduate (subclass 485) visa applications. 

1. Joseph v Minister for Immigration & Anor [2018] FCCA 1478 (25 May 2018)

2. Khan v Minister for Immigration & Anor [2017] FCCA 2585 (16 November 2017)

3. Tobon v Minister for Immigration & Anor [2014] FCCA 2208 (26 September 2014)

4. Mevada v Minister for Immigration & Anor [2010] FMCA (17 August 2010) 

QUESTION 

Prepare a memo in advance in response to each student’s query. 

To do so, you must locate and read each case identified above and determine which case would be the most relevant to each student’s query and why. 

Once you determine which case is most relevant to each student’s query, you are then required to explain (in plain English) the reasons the Court arrived at the decision and the implications of this case in relation to applying for a Class VC Skilled Provisional Temporary Graduate (subclass 485) visa, in the event the students have similar factual situations. 

Your answers must be supported by relevant legislative or regulatory provisions.