Australian Immigration Law Final Examination Assessment 3

Assignment Overview

Instructions

• Base answers on course materials; limited extra-legal research allowed.

• No bibliography.

• Use AGLC4 referencing.

• Footer on each page: name & student number.

• Number pages; font Arial or Times New Roman, 12pt.

• 1.15 spacing; use headings as needed.

• Answers must be concise, critical, and well-reasoned.

• Word limit: 2,000 words (including footnotes).

• Weight: 50%

• Due date: 25 October 2025, 10:30 pm (Sydney time).

Question 1 (10 marks)
Layla, a 28-year-old Indonesian national, holds a visitor visa that is “in effect”. She charters a small plane from Kupang that lands on a private airstrip on an Australian island that is not a proclaimed port. No authorised officer has given written permission. ABF officers meet the aircraft as it stops.

Given the foregoing, answer the following:
(a) Has Layla “entered Australia”?
(b) At that moment is she a lawful or unlawful non-citizen?
(c) How would your answer change if she held no visa when the aircraft landed? Would anything differ if, instead, she held a maritime crew visa and arrived by air to join a ship?

Question 2 (15 marks)
Maria (Filipino) holds a Temporary Skill Shortage visa (not a special-purpose visa). Her partner, Amir (Iranian), is in Australia but his visitor visa has expired and he holds no visa. Their child, Noah, is born in a Sydney hospital.

Given the foregoing, answer the following:
(a) Is Noah an Australian citizen at birth?
(b) If not, what visa status (if any) does Noah have on birth?
(c) How would (a)–(b) change if, at the time of birth, both parents held current substantive visas (e.g., Maria a 482 and Amir a 500)?
(d) How would (a) change if Amir had become a permanent resident the day before Noah’s birth?
(e) If neither parent is a citizen or permanent resident, but Noah lives ordinarily in Australia for the first 10 years, what is Noah’s status then?

Question 3 (10 marks)
Ravi, a Fijian national, holds a Bridging Visa that states he may “remain in Australia until the ART decides the review of his refused protection visa.” At 10:00 am Monday the ART emails a decision affirming the refusal. At 2:00 pm ABF officers, aware of the decision, attend Ravi’s address. Ravi says he is “about to lodge another application” and asks to be left at liberty.

Must the officers detain him, and if so, how long can he be held and on what basis could he be released?

Question 4 (15 marks)
While serving a sentence, Noor’s permanent visa was mandatorily cancelled under s 501(3A). On release into the migration zone, she is detained under s 189. Officers do not give the s 194 advice until the afternoon of Day 3. On Day 4 Noor gives the officer a written notice that she intends to apply for a visa and on Day 7 she lodges an application for a partner-type visa. She also responds to an invitation under s 501CA seeking revocation of the cancellation.

Must detention continue, is Noor’s visa application valid, and what limits apply?

Assessment Summary: Australian Immigration Law – Final Examination (Assessment 3)

Assessment Requirements

This final assessment focuses on applying key principles of Australian Immigration Law through four analytical, scenario-based questions. Students are required to demonstrate legal reasoning, statutory interpretation, and the ability to apply migration legislation to real-world cases.

General Instructions

• Base answers on course materials; minimal external research is permitted.

• No bibliography required.

• Referencing: Use AGLC4 citation format.

• Include footer with student name and number on every page.

• Use Arial or Times New Roman, 12pt font, with 1.15 line spacing.

• Word limit: 2,000 words (including footnotes).

• Weight: 50% of total grade.

• Due date: 25 October 2025, 10:30 pm (Sydney time).

• Responses must be concise, critical, and well-reasoned.

Assessment Questions Overview

1. Question 1:
   Immigration entry legality — determining whether Layla entered Australia lawfully under visa and port conditions.

2. Question 2:
   Citizenship and visa status of a child born in Australia — interpretation of sections related to citizenship by birth.

3. Question 3:
   Detention legality and duration following review decisions — interpretation of Bridging Visa and Migration Act provisions.

4. Question 4:
   Visa cancellation, detention validity, and limits — application of s 189, s 194, and s 501CA provisions to assess legal outcomes.

Academic Mentor’s Step-by-Step Guidance Process

The academic mentor guided the student through a structured, analytical approach, ensuring that each question was answered with reference to relevant legislative provisions, case law, and reasoning principles.

Step 1: Understanding the Questions and Legal Framework

The mentor began by helping the student interpret the question requirements, identifying:

• The legal issues in each scenario.

• The relevant sections of the Migration Act 1958 (Cth), Australian Citizenship Act 2007, and associated regulations.

• Key terms and definitions, such as “entry into Australia,” “lawful non-citizen,” “substantive visa,” and “mandatory cancellation.”

This ensured clarity before starting the written response.

Step 2: Structuring the Response

The mentor emphasized a consistent legal analysis structure (IRAC) for each question:

• Issue: Identify the precise legal question being asked.

• Rule: Cite the relevant statutory provisions and case precedents.

• Application: Apply the law to the facts provided in the scenario.

• Conclusion: Provide a concise legal determination.

Headings and subheadings were used for each question to maintain readability and logical flow.

Step 3: Question-by-Question Guidance

Question 1: Layla’s Entry and Visa Validity

The mentor guided the student to analyse s 5, s 13, s 14, and s 42 of the Migration Act 1958 (Cth) regarding lawful entry and proclaimed ports.

• The concept of “entered Australia” was clarified using statutory definitions and case examples (e.g., Ruddock v Vadarlis).

• The distinction between lawful and unlawful non-citizens was discussed.

• The student evaluated variations when Layla had no visa or a maritime crew visa, understanding that entry method and visa class determine lawful status.

Learning Focus: Statutory interpretation and understanding of migration zone entry conditions.

Question 2: Noah’s Citizenship and Visa Status

The mentor helped the student analyse Australian Citizenship Act 2007 (Cth) sections 12(1), 12(2), and 12(3) on citizenship by birth and parental status.

• The student examined when a child born in Australia automatically acquires citizenship.

• The concept of 10-year continuous residence for citizenship acquisition was explained.

• Different parental visa scenarios (temporary, expired, permanent) were critically compared to highlight how visa status affects the child’s legal standing.

Learning Focus: Citizenship by birth, parental visa influence, and statutory reasoning.

Question 3: Detention and Bridging Visa Conditions

Under mentor guidance, the student referred to sections 189, 196, and 198 of the Migration Act 1958 (Cth).

• The mentor clarified that once the Administrative Appeals Tribunal (AAT) affirms refusal, the Bridging Visa ceases, making the person an unlawful non-citizen.

• The student analysed detention obligations and possible release bases (e.g., grant of another visa or removal).

• Real-world interpretations of detention limits and discretionary powers were explored.

Learning Focus: Legal duties of officers, cessation of visa validity, and procedural justice.

Question 4: Visa Cancellation and Detention Continuation

This complex scenario required examining mandatory visa cancellation under s 501(3A) and rights under s 501CA.

• The mentor explained the detention procedure (s 189) and the advice requirement (s 194), linking to timing compliance.

• The student assessed the validity of Noor’s visa application and whether detention should continue pending decision.

• The scenario also explored revocation rights and procedural fairness during detention.

Learning Focus: Interplay of detention powers, revocation rights, and administrative justice.

Step 4: Drafting, Referencing, and Review

The mentor guided the student to:

• Write answers concisely (within the 2,000-word limit).

• Use AGLC4 footnoting for legislation and case citations.

• Maintain academic tone and logical flow.

• Avoid unnecessary background theory—focus on application.

• Proofread for clarity, referencing accuracy, and word consistency.

Final Outcome

The final submission presented:

• Clear, statute-based legal analysis addressing each question directly.

• Accurate references to the Migration Act and Citizenship Act.

• Critical evaluation of lawful/unlawful status, citizenship entitlement, detention obligations, and visa cancellation procedures.

• Compliance with all academic presentation guidelines (font, format, referencing).

Learning Objectives Achieved

Through the mentor-guided process, the student successfully demonstrated the ability to:

1. Interpret and apply Australian Immigration Law to factual scenarios.

2. Use statutory provisions critically to form legally reasoned conclusions.

3. Understand procedural fairness, detention powers, and visa framework under the Migration Act 1958 (Cth).

4. Develop analytical writing and citation skills following AGLC4 format.

5. Integrate legal reasoning with policy awareness in complex migration cases.

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