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Migration Law

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Submitted By Balgouri1
Words 257
Pages 2
FOCUS QUESTIONS FOR A6-A8

1.

Nguyen van Thong had come to Australia from Vietnam on a Visitor visa valid for 1 month stay. Shortly after his arrival, Nguyen applied for a protection visa, which was rejected. Nguyen appealed to the Refugee Review Tribunal but with no success. Last week Nguyen married Truc, an Australian citizen, who is heavily pregnant with his child. Nguyen now wants to apply to remain in Australia permanently, but his original Visitor visa has by now expired by some 9 months. Can he apply to stay in Australia? What visa(s) should Nguyen be applying for? What form(s) should Nguyen and Truc be using for the visa(s)? And how much is the first instalment visa application charge? Can Nguyen still apply even though his Visitor visa has expired by 9 months?

2.

Jack Smith, a citizen of the United States of America, applied for a sub class 575 Student (Non-Award) visa in Australia. His visa application was refused on the basis that the Minister was not satisfied that he intends to genuinely stay in Australia temporarily. Jack informs you that he really has no intention of staying in Australia temporarily and he specifically applied for this visa purely to look for permanent resident options. He wants you to assist him with his application to the Migration Review Tribunal (MRT) and does not want you to inform the MRT of the truth. If you followed his advice, what breaches would you commit in relation to the Code of Conduct?

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