LAWS506 Australian Visa System Case Study Sample

LAWS506 Australian Visa System

SCENARIO

You work at migration firm ‘XYZ Migration’ as a migration agent, assisting the busy owner with her clients. Mrs Julieta Perez (Julieta), born 05 January 1989, is an Australian citizen. Julieta is due to give birth in 4 months, if all goes well. Her biological mother, Mrs Maria Diaz (Maria), born 08 December 1965, and a citizen of Uruguay, previously applied for two subclass 600 Visitor (Tourist stream) visas that were refused based on the assessing Department of Home Affairs (Department) officer not being convinced that Maria was a genuine temporary visitor to Australia (Sch 2, part 600, cl 600.211 of the Migration Regulations 1994(Cth)). Julieta and Maria engaged you to assist with a subclass 600 (Sponsored Family stream) visa for Maria, which was validly lodged with the Department on 01 February 2024. That application was also unfortunately refused by the same assessing Department officer for the same cl 600.211 reasons. You received the visa refusal letter on 12 February 2024.

You were then engaged under a written agreement to assist with the Administrative Appeals Tribunal (AAT) review matter. The review application was validly lodged on 23 February 2024, and the relevant fee was paid.

What You Know About Julieta and Maria

Julieta is desperate to have her mother here for the birth of the child as she has had a complicated pregnancy. Julieta is considered to be in a ‘high risk’ pregnancy category due to her age and previous miscarriages. Julieta is currently restricted to her bed at home on her doctor’s orders; her doctor told her to rest to avoid pre- mature labour as the baby (a boy) would not likely survive a pre-term birth. This is Julieta’s first baby. Julieta is very close to her sister, father and especially her mother, and has returned to Uruguay every year to visit her family but given her pregnancy complications, she did not go at Christmas as planned. Julieta does not see being able to travel to see her family in the next 12-18 months with a small infant and all the private hospital bills that have accumulated with the pregnancy complications. Julieta and her husband Luis, live in Newcastle, NSW. Luis is a chef at a busy Uruguayan restaurant and often works long nights and weekends. Maria is married to Mateo Diaz, an accountant. Mateo cannot go to Australia as it is audit season and he is very busy with work and dance lessons. Maria is a Senior

English Teacher at Ivy Thomas Memorial School in Montevideo, Uruguay. She has taught at the school for over 30 years and loves her job. She has been recognised as an exceptional teacher and promoted to the head of her department. Her employer is supportive of her trip to Australia for the birth of her grandchild.

She accompanies the Secondary school-aged children to London, UK each year for a 2-week English cultural and language excursion and has never had any visa issues in the last 10 years of leading this excursion. In 1998, when her children were 9 years and 7 years respectively, her and Mateo took them to Disneyland in California, USA for a 2-week holiday with no visa issues.

Maria and Mateo go several times a year to Buenos Aires, Argentina, to attend the International Book Fair, concerts, and food festivals. The couple generally stays for 3-4 days on each visit and have never had any visa issues.

Their other daughter, Dafne Garcia, is 32 years old and lives on the same street as her parents, Maria and Mateo. Dafne and her husband Julio, have two young children (aged 3 years and 12 months) who Maria dedicates her spare time to. Maria and Mateo are also Uruguay’s national over-50 tango dance champions and they will defend their title in November 2024 at the national competition held in Montevideo.

Your task:

Write a submission letter to the Administrative Appeals Tribunal on behalf of the review applicant addressing the refusal criteria and advocating for your client.

Solution

To

The Administrative Appeals Tribunal

Subject: Review applicant addressing the refusal criteria and advocating for
Case file number: AAT Ref: MIG/2022/122

Identify the review applicant by name and date of birth, and any other

In this particular scenario, the review applicants is Mrs. Maria Diaz who was born on 8th December 1965. Julieta Perez is her daughter who is basically an Australian citizen and also ready to give birth to a baby boy in 4 months without considering any inconvenience. Maria is completely seeking for a subclass 600 visa which is a sponsored family stream visa for the purposes of being present during the part of her grandchild due to considering the pregnancy complications of Julieta as well as her high-risk status. Mateo Diaz is the husband of Maria, who cannot accompany her wife for his job commitment whereas the employer of Maria is completely supportive of her trip for being nearby with her daughter during her childbirth. As per the case study, Mariya has a significant stable history of employment being a senior English teacher along with a satisfactory travel record which is completely included with the school excursion as well as international travel without considering any kind of visa issues. Additionally, it is also found that Maria is actively involved with the life as well as community activities of a family including being a caregiver of her grandchildren and also participating in the competition of Tango dance with her husband.

Parties to the Review Matter

Mrs. Maria Diaz: She is an Australian citizen, going to give birth in the next 4 months, also facing high risk pregnancy, being restricted in bed rest by her doctor, and also unable to travel to her parents in Uruguay for her financial constraints and health concerns.

Mrs. Julieta Perez: She is a Uruguayan citizen, the mother of Julieta and Dafne (her elder daughter), had the previous visa refused with respect to considering the subclass 600 visitor visa and also applied for this sponsored family stream visa for the purposes of being present in her daughter’s birth of child, now working as a senior English teacher, and not have any previous visa issues. She is the main applicant for this case.
The Department of Home Affairs: This acts as a respondent for this particular case of Maria.

Identify Why the Matter is a Valid Review Application

At first, it should be noted that the application review is completely valid with the cases lodged by the Administrative Appeals Tribunal (AAT) on the date such as 23rd February 2024, whereas, all the relevant fees have been completely paid. Additionally, there are several factors completely included in the cases of qualifying this matter as a valid review application. The high-risk of pregnancy conditions promote the necessity of the present of her mother for the purposes of getting support during her imminent birth. As the doctors’ orders in her mobility restrictions due to high-risk pregnancy completely able to emphasize the critical nature of assistance of her mother, Maria. Her husband's job schedule demands, her medical complications, and the financial strength completely underscored with the indispensability of her mother, Maria. On the other hand, the extensive and satisfactory travel history of Maria without considering any visa issues is completely able to demonstrate her strong ties with her home country along with her compliance consistency in visa regulation. Moreover, Maria long-term standing employment in Ivy Thomas Memorial School and the employers’ support for her trip can be able to further validate the genuine aim of this visit to Australia.

Articulate the Reasons Why CL 600.211 is Met

There are several numbers for MBA assignment expert of reasons that are completely incorporated in the cases of articulating the reason with the case study is met by cl 600.211 . The reasons are as follows -

Her Including Intention behind Returning Home Country: The cl 600.211 is satisfied by the significant intentions of returning home of migrant people . In Uruguay, Maria has a significant and stable life with a long stand in commitments involving her job being a senior English teacher in Ivy Thomas Memorial School over 30 years. She holds a prominent position as her department head which portrays a significant presence of her in the workplace. Additionally, it is also seen that Mateo, Maria's husband, is going through a busy schedule of work along with several other engagements which have the ability to further solidify their ties with Uruguay. They have considered several frequent visits to other international trips including Buenos Aires to enable the demonstration about a pattern of returning in their home country, Uruguay after temporary stays abroad.

Previous Satisfactory Visa Condition Compliances: This satisfactory history in visa is one of the significant factors that is thoroughly able to consider the visa application successfully as a part of cl 600.211 . It is also found that Maria has a transparent and clear visa history without considering any kinds of issues throughout her previous travels involving the trips to the US and the UK. She had participated in the annual excursion which is held in London with the school children and considered leisure trips to Buenos Aires able to indicate adherence consistency to the condition of visa and a behavior relevant with responsible travel.

Visiting Purpose: The primary purpose of Maria for the cases of visiting Australia is aligned with giving support to her daughter, Julieta, during her crisis times in the cases of considering high risk pregnancy for giving birth of her first child. The complicated pregnancy of her daughter which is marked by bed rest along with medical complications is underscored by the necessity as well as urgency of the present of her mother, Maria. On the other hand, Maria employers’ support is one of the essential factors which is completely able to further validate for visit significance to Australia.

Family Supports and Ties: The close familial ties of Maria with her daughter, Julieta along with family are completely evidenced. The resilience of Julieta in the support of Maria during her high health risk condition completely illustrates the importance of the presence of Maria during this kind of crucial time. Furthermore, in Uruguay, the role of Maria in the cases of caring for other grandchildren highlights her commitment to the community and her family.

Shedding light of the above presented circumstances, the visa application of Maria completely able to meet the requirements of cl 600.211. Being her migrant agent, these are the factors which should be in the case of appealing to the AAT for the purposes of securing significant as well as favorable outcomes for the visa application of Maria.

Articulate the Action(s) You Want the AAT to Take

Authentic Merits: The AAT or Administrative Appeals Tribunal is intended to serve as a significant impartial body throughout Australia reviewing several decisions which are made by Government departments as well as officials’ aspects . This is augmented to rebut the decision of the department completely based on the clause 600.211 which is thoroughly incorporated with the migration regulations. The strong ties of Maria with Uruguay, her satisfactory travel history without any kinds of visa issues, and her employers’ support acknowledgement for her trip is completely able to emphasize the importance of moving to Australia. The highlights of the presence of Maria for her daughter, Julieta’s well-being During her high-risk complicated pregnancy should be ensured by AAT.

Consideration of the Humanitarian Aspects: The appeal to the ATT’s complete compassion through underscoring Maria's emotional significance for Julieta during her critical crisis situations must be considered. The emotional and psychological support behind the presence of Maria would provide stress for the purposes of mitigating the significant adverse effects of high-risk pregnancy of Julieta.

Procedural Fairness: ATT provides a significant avenue for each and individuals along with business for challenging administrative decisions which affect them, for the purposes of ensuring fairness as well as accountability within the actions of the government in Australia . Staying on the decision-making process of departments, any kind of procedural irregularities must be ensured within the process which was followed in the cases of evaluating the visa application of Maria. Asserting that all the relevant evidence must be considered along with any kinds of potential biases must be mitigated.

Precedent Decisions: It also must highlight that the reference of several previous AAT decisions in which the similar kind of circumstances must be allowed in the cases of considering favorable outcomes for the applicants. Argument must be considered with respect to the situation of Maria being aligned with those precedents considering the similar favorable decision.

Child Outcomes Interest: AAT should focus on the importance of familial support for maintaining the well-being of the unborn child of Julieta. There is a significant need in highlighting the research about the positive impact of the familiar involvement during childbirth and pregnancy underscore the essential role of media which can ensure the welfare of children.

Supplementary Evidence: This submission of additional evidence like several medical reports attesting to the high-risk pregnancy of Julieta and the retirement of Maria support, completely able to characterize differences highlighting the contribution of Maria to her family and community with documentation that proves her stable ties to Uruguay, her home country.

The Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth)

Being a migration agent at XYZ migration, considered in dealing with the case of Mrs. Maria Diaz and her daughter Mrs. Julieta Perez is able to present several practical as well as legal challenges significantly. The refusal of the application of subclass 600 visa by Maria which underscored the Tourist stream as well as subsequently adopted by the Sponsored Family stream, concerning the condition of her genuine temporary stay in Australia, is able to trigger the significance for the review of AAT or Administrative Appeals Tribunal.

The key legislative provision is thoroughly allowed as well as relevant with Maria’s visa refusals is under the clause 600.211 of the Migration Regulations 1994 (Cth), which is completely able to outline the criteria for the purposes of assessing the temporary genuine stay. There is the significant requirement that is thoroughly aligned with these provisions as decision-maker to be satisfied with the applicant that he or she genuinely intends a temporary stay inside Australia satisfying the stated visa purposes . Considering this, the repeated visa refusals of Maria thoroughly are able to indicate that the officer of the Departments of Home Affairs was not truly convinced with Maria’s temporary intent. In addressing this AAT review, it is crucial for providing evidence as well as arguments in the cases of demonstrating the genuine temporary stay of Maria in Australia.

In the case of reviewing the AAT application, it is truly required for the adherence of the procedural requirements which are significantly outlined in the Migration Regulations 1994 (Cth) and Migration Act 1958 (Cth) . This is thoroughly included with the ability in the cases of reviewing the application thoroughly validly lodged across the particular timespan as well as accompanied through the requisite fee being stipulated with the legislation. Additionally, it is also found that, the employment of Maria as a Senior English teacher along with her employer’s support for her trip to Australia completely able to provide the documentary evidence about her status of employment and also able to further substantiate her significant and genuine intention of temporary stay in Australia along with her ability for supporting herself throughout her visit.

List of attachments Listing Whatever Evidence You Think is Relevant and Supports the Written Submission

● The medical relevant documentation which can be able to support the high-risk pregnancy of Julieta and consider the pregnancy complications.

● Affidavits from the family members that are attesting with the close relationships such as mother-daughter relations between Mrs. Maria Diaz and Mrs. Julieta Perez.

● The complete history records of previous travels of Mrs. Maria Diaz (applicant).

● The complete verification of employment documentations of Mrs. Maria Diaz, who is able to demonstrate her string tier with their home country, Uruguay.

● The cope of the letter which is non confirming the holidays from the business work schedules and commitment of Julieta’s husband.

Thanks, and regards,
[Name]

Migration Agent

XYZ Migration 

Referencing

AAT (2021). Merits Review in the New Millennium. Administrative Appeals Tribunal. https://www.aat.gov.au/about-the-aat/engagement/speeches-and-papers/the-honourable-justice-deirdre-oconnor-former-pres/lessons-from-the-past-challenges-for-the-future-me

AAT.AU (2021, September 10). About AAT. Administrative Appeals Tribunal. https://www.aat.gov.au/about-the-aat#:~:text=The%20Administrative%20Appeals%20Tribunal%20(AAT,government%20and%20non%2Dgovernment%20bodies.

AAT.GOV (2018). Released by the AAT under FOI on 19 September 2019. https://www.aat.gov.au/AAT/media/AAT/Files/Documents/MRD-Commentary-Visitor-Visas.pdf

Jefferies, R., Ghezelbash, D., & Hirsch, A. (2020). Assessing refugee protection claims at Australian airports: The gap between law, policy, and practice. Melb. UL Rev., 44, 162. https://cedar.wwu.edu/cgi/viewcontent.cgi?article=1018&context=fairhaven_facpubs

Legislation.GOV (2024). scheme=AGLSTERMS.AglsAgent; corporateName=Office Parliamentary Counsel; address=Locked Bag 30 Kingston ACT 2604; contact=+61 2 6120 1400. Migration Regulations 1994. Australian Government Coat of Arms. https://www.legislation.gov.au/F1996B03551/2019-11-16/text

Mozooni, M., Pennell, C. E., & Preen, D. B. (2020). Healthcare factors associated with the risk of antepartum and intrapartum stillbirth in migrants in Western Australia (2005-2013): A retrospective cohort study. PLoS Medicine, 17(3), e1003061. https://doi.org/10.1371/journal.pmed.1003061

ProActiveLegal (2022, May 12). Visitor visa – genuine temporary entrant (GTE). https://proactivelegal.com.au/cases/visitor-visa-genuine-temporary-entrant-gte/
Visaplan.AU (2023, September 28). Subclass 600 visitor visa. Visa Plan Lawyers. https://visaplan.au/subclass-600-visitor-visa/