Assignment 3 two scenarios LAWS507 S2 2023-1 (2)
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FACULTY OF LAW AND BUSINESS Thomas More Law School Online Semester 2, 2023
LAWS507: Family and Refugee LAWS507 Assessment 3 Due Date
: Tuesday, 31 October 2023 at 23:59pm AEST (Sydney/Melbourne/Canberra time)
Length: 2000 words maximum Format: Written Assessment to contextualise learning in a practical professional situation. You are to prepare a formal, business letter of advice to the client based on the scenario. The letter should include references to the relevant legislation
as footnotes in accordance with the AGLC4 style
. How to submit:
Online via the Canvas Assignments Page for Assignment 3 as a Word (.doc) document file upload
Return of assignment
: Online via SpeedGrader in Canvas
Assessment criteria
: Specific Assignment 3 Rubric criteria can be viewed and downloaded from the Assignments page in Canvas
Weighting:
40 marks Purpose: Assessment to contextualise learning in a practical professional situation. Students are asked to analyse a problem and provide written advice to a client taking into consideration implications to the client. Learning outcomes assessed: LO1 - Locate, navigate and interpret Migration legislation relating to visas for families and refugees and identify the role of policy. (GA4, GA5, GA8) LO2 - Demonstrate knowledge on family and refugee visa applications and processing including types of visas, validity, criteria and conditions (GA3, GA4, GA5, GA7, GA8, GA9) LO3 - Strategically analyse and assess client’s family and refugee visa eligibility and effectively communicate with stakeholders (GA3, GA4, GA5) LO4 - Research, formulate and implement appropriate strategies for providing effective practical advice to clients on family and refugee visa options and pathways. (GA3, GA4, GA5, GA7, GA8, GA9)
Choose EITHER Question 1 or Question 2 to complete. DO NOT do both questions. Question 1 Dembe Okello is a Ugandan citizen currently in Australia on a subclass 500 student visa valid to 10 December 2023. He was studying social work at the University of NSW (UNSW), however due to his circumstances, he has not been able to complete many of the required assessment tasks. Dembe identifies in Australia as gay and has a number of friends in the LGBTIQ+ community in Sydney. He was unable to identify as gay in Uganda due to harsh laws against the LGBTIQ+ community. A good friend, and Dembe’s former male partner, was recently arrested by the Ugandan authorities because he is gay, and he has not heard about his friend for over three months. Another friend went to Kenya but also faced threats from groups and people there criticising gay people for not upholding ‘traditional family values.’ Another friend in Kenya was prosecuted for living with another man in a same-sex relationship. Dembe has heard of similar harsh treatment of LGBTQI+ people in other countries in East Africa as well, and so decided not to visit any of these countries out of fear.
1
Since being in Australia for the last 2 years, Dembe has been active in the LGBTIQ+ community at UNSW and also in Sydney. Whilst he currently does not have a partner, he did for a few months in late 2022. The concern for his former male partner in Uganda, and also for himself has meant he sought counselling at the University as well and with a community support group. He found the support and counselling helpful, but it meant he could not complete important assignments and the University has told him that he cannot extend his study time further. Dembe was told by a friend that as he has stopped studying, he could have his visa cancelled. Dembe comes to you for advice about whether he can seek protection in Australia. He says he is too stressed and depressed to continue his studies. Dembe currently works part-time in a coffee shop in Randwick, near UNSW, and earns enough to pay for his room in shared accommodation. Write a letter of advice to Dembe explaining at least the following: 1.
Can Dembe make an application for a Subclass 866, Subclass 785, or Subclass 790 visa onshore; and 2.
How can Dembe make a valid protection visa application onshore; and 3.
What criteria must Dembe satisfy in order for the visa to be granted? Include details about the process of the visa application; and 4.
What elements, or facts, in his case are relevant to protection and what may not be relevant and why (refer to reliable country information where you can). 1
Mariel Ferragamo & Kali Robinson, ‘Where African countries stand in their struggle toward more inclusive LGBTQ+ laws’, PBS NewsHour Productions LLC (online, 18 June 2023) <
https://www.pbs.org/newshour/world/where-african-countries-stand-in-their-struggle-toward-more-
inclusive-lgbtq-laws
>; Catherine Byaruhanga, ‘LGBT rights in Africa: Will Kenya be the latest to pass anti-gay law?’, BBC News
(online, 18 July 2023) <
https://www.bbc.com/news/world-africa-66079603
>.
Choose EITHER Question 1 or Question 2 to complete. DO NOT do both questions. Question 2 Srey Tang ( DOB 14 April 2001) is from Cambodia and on 12 October 2022, she was granted a subclass 820 visa sponsored by her husband, Phil Chang. She and Phil met when Phil was visiting Cambodia on a holiday in December 2021. She was working in a bar selling beers and food, and Phil was very kind and attentive to her. Phil told her all about his home and she was very excited to one day come to Australia to see Phil. Phil came back to see Srey two weeks later and proposed marriage to her. She accepted and she applied for a subclass 300 visa sponsored by Phil. Phil had sponsored a partner previously, in 2015, from Thailand, but that relationship ended in 2019. Phil had worked in Cambodia for an aid organisation for a number of years and had learnt Cambodian, he also speaks the Chinese dialect that Srey knows from her father. Phil was semi-retired and promised to look after Srey. Srey arrived in Australia on 15 May 2022, and they married on 1 June 2022. Phil lodged the partner visa for Srey the next day and they had a honeymoon on the Gold Coast. Srey noticed that Phil was drinking heavily, and he would become aggressive with her, telling her she had to do what he wanted because he was supporting her. She also noticed that Phil spent lots of money in the casino, gambling. When he ran out of money, he came to Srey and made her give him money and also her gold bracelet. After they returned to Phil’s home, Phil said it was better if Srey left her passport and credit card with him for safety. Phil also took her mobile phone and asked her about the people she was calling; they were friends or a cousin she had in Australia. He told her not to call any men because they could take advantage of her. Phil then took her phone and said he would keep it safe for her as people can steal phones. When Srey speaks with her family, Phil listens in because he requires that the phone is on speaker. Phil does not allow Srey to go out to work; he tells her it is dangerous in the area due to drug addicts, and it is better for her to stay at home. More recently he asked Srey
’s family to send more money to pay for the visa. He said there was an extra $10,000 fee charged to get the permanent partner visa. Srey did not know, she so asked her family, and they transferred the money to her bank account. Phil then transferred all of the money to his bank account and has gradually spent it all on gambling at the local RSL club and the Sydney Casino. Srey is now scared of Phil and on 1 October 2023 when he went to the Club to gamble, she managed to get out of the house and went to a friend’s home. She told the friend how she had no money, how Phil had taken her money, her jewelry and phone, and would not let her out. Her friend is a social worker for a women’s support service, and she found a place for Srey to stay. She took Srey to speak to the local police, but they said that unless he had threatened or assaulted her, they could do nothing. Srey was worried about going to the police because Phil had boasted about his school friend who was the local police senior officer. He once said to her, do not run away, because I will get my mate
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in the police to find you and bring you back. She also fears trying to go to the Court to get an Order against Phil in case it makes him very angry again. Write a letter of advice to Srey about her partner visa explaining at least the following: 1.
Whether being separated from her sponsor will affect her visa and if so why; and 2.
Whether there are any exceptions to partner visas when the relationship ends; and 3.
Whether Srey can still be granted a partner visa; and 4.
What evidence or documents Srey would need for her case.