LML6003 – AUSTRALIA’S VISA SYSTEM 1 (FAMILY AND OTHERVISAS)

Graduate Diploma in Migration Law

LML6003 – AUSTRALIA’S VISA SYSTEM 1 (FAMILY AND OTHER VISAS)

Assessment Task 2 – Semester 1, 2025

LML6003 – AUSTRALIA’S VISA SYSTEM 1 (FAMILY AND OTHERVISAS)

Instructions:

1. Students must answer all questions as indicated. Make certain all answers are clearly

labelled.

2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert

them into the header or footer for ease.

3. This assignment comprises 20% of the assessment in this unit.

4. Students should note that English expression; grammar and spelling are taken into

account in assessment of their answers.

5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date for

your class group. It is the responsibility of the student to ensure that the date for receipt

is complied with. It is intended that all assessment be lodged electronically. This will

automatically generate a receipt.

6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered

to with each answer.

7. All answers should be supported by reference to the relevant legislative

provisions.

8. A student, whose answer to any question depends upon facts which are not

stated, must discuss all relevant alternatives.

9. REFERENCING: Students are required to use the Australian Guide to Legal Citation

as the preferred method of referencing. You are also required to submit a bibliography

for each assessment task and not merely a reference list.

Assessment Criteria

1. Accurate answers to the questions demonstrating knowledge of statutory

interpretation, legislative and regulatory provisions and applying problem solving skills.

2. Answers are justified by clear reference to the relevant facts, identify logical

assumptions you have made about the facts in answering questions.

3. Arguments and information are clearly and logically presented.

4. Demonstrated understanding of principles and values of a registered migration agent.

SCENARIO

Marchin Makeral and Georgie Makeral are citizens of Serbia. Marchin and Georgie arrived in

Australia on a Visitor Class FA (subclass 600) visa 4 years ago. The Visitor Class FA (subclass

600) visa was granted with the following conditions only; 8101 and 8201. At that time,

Georgie’s son, Mikhael was having his first baby, Stevie.

Mikhael is Georgie’s only son, and they have a very close relationship. Georgie’s first husband,

Michael who was Mikhael’s father suddenly passed away with a heart attack a year before

Stevie was born. Georgie was devastated as Michael had been her childhood sweetheart.

When Michael passed away, she was alone in Serbia and her next door neighbour, Marchin

who was Mikhael’s best friend when he was growing up, visited Georgie regularly. In a strange

turn of events, Georgie and Marchin realised their feelings were more than usual friendship

and Georgie admitted having feelings for Marchin once he became an adult and Marchin

expressed the same. Georgie was 68 and Marchin was 39 years old. In a wedding that caused

whispers around their small town, they got married. Mikhael refused to attend as he could not

believe what happened but soon enough came around to the idea that his best friend was now

his stepfather.

When Marchin and Georgie came to visit Mikhael and his wife, Louisa, whom Mikhael met

online, got married and then sponsored for an onshore Partner visa, they all got along like a

house on fire. Louisa is an Australian citizen and Mikhael, who has been in Australia for the

past six years, currently holds a Partner (Subclass 801) visa.

Mikhael wanted his best friend and mum to remain in Australia as Georgie had no other

children and Marchin did not have the chance of having any kids of his own. They sought

advice from a registered migration agent and they were advised to apply for a permanent

onshore Contributory Aged Parent visa. They took the agent’s advice but lodged the

application two weeks after their Visitor visa ceased. However, after lodging the application,

Marchin and Georgie are worried about the application as Marchin was not “aged”.

Q1. What are the prospects for Marchin and Georgie in being granted an onshore

permanent contributory aged parent visa? Explain.

Q2. What is their current visa status and what conditions apply?

Some time passes as the waiting times for Parent visas are long. However, Marchin and

Georgie were not too concerned as their bridging visa allowed them to remain in Australia.

Things did get uncomfortable as time went on though. At the start, living together was very

fun, however, as time passed, Louise wanted her own space. She felt that Marchin had

become too authoritative in the house and instead of seeing Stevie as his grandson, saw him

as his own son and made decisions that she did not like concerning Stevie’s upbringing. When

Mikhael found out about this, he and Marchin had a very big fight which became physical.

Although Marchin was loud with his words, he was very weak physically because of an

autoimmune disease he had since birth, and he was badly injured in the fight.

After this fight, Georgie changed her attitude towards Marchin. Marchin began to feel targeted

in the house. All of them, Georgie, Mikhael and Louise, started being quite mean towards him.

They would steal money from his wallet, make up lies to other family members and they even

tipped his medication down the drain. Most nights ended up with Mikhael drinking too much

and becoming violent towards Marchin. Marchin could not believe how things had turned out.

Georgie no longer supported him and if anything, took part in the torment towards Marchin

where she physically and emotionally could.

One evening it became so physical that the neighbours called the police. Fortunately for

Marchin they did, as when they arrived, Marchin could no longer breathe from the injuries he

had sustained. Marchin had had enough and when he became conscious, told the police and

staff members at the hospital what had happened, although he felt ashamed.

Marchin was released from hospital but did not return home. Instead, he stayed at a friend’s

house until he worked out what he could do. He calls you, a registered migration agent, to ask

what would happen next. He would like to remain in Australia if possible and would like to

know his options. He has finished high school and has previously worked at the local milk bar

his whole life, before arriving in Australia.

Q3. What would you advise Marchin and explain what evidence he would be required

to provide to support your advice?

Q4. If Marchin was to follow your advice in question 3, what would his visa status be

during the process?

You must support your answers by reference to the specific legislative provisions.

(35 marks)

(Maximum word limit: 2000 words)

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