Assignment 2
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University of Tasmania *
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207
Subject
Law
Date
Jan 9, 2024
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docx
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Uploaded by sanaghausi1987
Assignment 2 – Mock Interview Response (40 marks)
DUE: The assessment is due 19 September 2023 at 23:59 (Canberra, Sydney, Melbourne time)
LENGTH: 2000 words
SUBMISSION and RETURN of assessment: Via Canvas
PURPOSE
The purpose of this assessment is to determine your ability to analyse a practical scenario by reviewing a mock client interview and providing written advice.
This assessment will assess the following learning outcomes:
LO1 Identify the jurisdiction of Tribunals and Courts with respect to visa cancellation and refusals (GA3; GA4; GA5; GA8; GA9)
LO2 Locate, navigate and interpret Migration legislation relating to visa cancellation, sections 116 and identify the role of policy and Ministerial directions. (GA4, GA5; GA8)
LO3 Apply advanced knowledge of the Code of Conduct and the ethical and professional obligations of a registered migration agent in client communication, drafting and advocacy to demonstrate expert judgement, adaptability and responsibility as a migration practitioner (GA3; GA4; GA5;
GA7; GA8; GA9)
LO4 Research, formulate and implement appropriate strategies for providing advice to clients in a factual scenario (GA3; GA4; GA5; GA7; GA8; GA9)
SCENARIO
You work for Gold Visa and you have been approached by your boss (James) about your colleague (Toby). Apparently Toby may be providing incorrect advice to his clients and James is worried about the firm’s liability. James has asked you (with Toby’s permission) to review his last client consultation and provide feedback. The consultation took place last week between a client and Toby via Zoom. You have read the following file note from the consultation:
1.
Jenny (the client) was charged with:
1.
Unlawful stalking, pursuant to section 359B of the
Criminal Code 1899
(Qld); and
2.
Observations or recordings in breach of privacy, pursuant to section 227A of the
Criminal Code 1899
(Qld); and,
2.
Jenny is currently subject to a Domestic Violence Order where she is named as the respondent and consented to the order being made on a without admissions basis.
In a memorandum directed to James, you need to address each of the questions below (use headings to separate the questions). You need to reference your work throughout and refer to the relevant law.
Question 1:
After watching the interview, concisely identify the material facts of the case. Include a timeline speaking to the relevant factual events.
(400 words – 8 marks)
Question 2
:
Did Toby give incorrect advice? If so, what advice was incorrect and why? Do not identify the advice which was correct.
(600 words – 12 marks)
Question 3
:
Did Toby give advice which was beyond the scope of his role as a Registered Migration Agent?
If so, what was the advice?
(100 words – 2 marks)
Question 4:
Assume Jenny has since been issued a Notice of Intention to Consider Cancellation under section 116 of the
Migration Act 1958
(Cth), what must the notice contain?
(300 words – 6 marks)
Question 5
:
How should Jenny respond to a Notice of Intention to Consider Cancellation? It is imperative that you apply the facts of the case. You should include any arguments/supportive documentation Jenny could put forward in support of her case.
(600 words – 12 marks)
NOTE: You need to demonstrate a clear understanding of applying
the facts to the relevant law throughout. At all times, you should make reference to the relevant law and follow the reference guidelines. Although you will not be expected to do this in practice, please reference each question throughout using footnotes on each respective page. You do not need to prov
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