Protection and Carer Visa Advice for Ms Layla Zainab and Ms Anne Windsor Assessment

Question 1 - Ms Layla Zainab OR

Layla Zainab was just fifteen years old when she fled Kabul with her mother and younger brother in July 2021, narrowly escaping the Taliban’s return to power. Her father, a senior official in the former Karzai government, arranged their departure to India, but soon after their arrival, he went missing. No one has heard from him since. The sudden loss of her father and the upheaval of her homeland marked the beginning of a long and uncertain journey for Layla and her family.

Before fleeing, Layla had discovered a passion for cricket, inspired by the Afghan women’s team. In India, she nurtured this love by joining the junior ranks of the Delhi Capitals women’s team. Her talent and determination caught the attention of an Indian businessman who sponsored her to train in Australia. In March 2025, she arrived on a subclass 408 visa to join the Sydney University Women’s Cricket Team.

Layla’s training progressed well until an injury in August 2025 interrupted her momentum. Around the same time, her sponsor in India went bankrupt, leaving her without financial support and severing her ties to the Delhi Capitals. Her visa in India, which had been linked to that sponsorship, was no longer valid. Fortunately, she secured a new 408 visa through the NSW Women’s Cricket Association, supported by generous donors in Australia. This visa is valid until 01 March 2026.

Despite her injury, Layla remains committed to her recovery and is expected to resume training in December. However, her financial support now comes solely from Australian sources. Her advocacy has grown alongside her sporting journeyLayla has become a prominent voice in the Afghan diaspora, speaking out on podcasts and social media about the rights of women in Afghanistan and the importance of women’s participation in sport. Her outspoken criticism of the Taliban has drawn admiration and threats alike. NSW Police have confirmed that the threats she received originated overseas.

Layla’s Afghan passport remains valid until July 2026. Her mother and younger brother are still in India, but their immigration status is uncertain. Layla now seeks your advice on her eligibility for a protection visa in Australia and whether her family might also be eligible for protection or another visa. 

Write a professional letter of advice to Layla addressing at least the following:

• Clearly explain the valid protection visa application and decision criteria including relevant provisions, case law and policy where relevant.
• Assess Layla’s eligibility for a protection visa, considering her personal history and circumstances.
• Evaluate the potential for her mother and brother to be included in her application. Note: you do not need to explain any future visa pathways for these family members.
• Identify any risks, limitations, or procedural challenges she may face.
• Provide clear, client-centred recommendations, including a brief document list and next steps.

Question 2 - Ms Anne Windsor

Phil and Lizzie Windsor migrated to Australia from the United Kingdom 15 years ago under the Contributory Parent (Subclass 143) visa program. Their application was sponsored by their son, Charles Windsor. Phil and Lizzie currently reside in Sydney, New South Wales, while Charles lives in Melbourne with his wife, Di, and their three young children.

Phil is now 82 years old and suffers from multiple chronic health conditions, including advanced Type I Diabetes, high blood pressure, low vision, and dysphagia (difficulty swallowing) caused by diabetic neuropathy. He recently underwent a below-knee amputation of his right leg and is now confined to a wheelchair. He requires assistance with measuring his blood glucose levels and blood pressure five times daily, as well as support with showering, toileting, preparing texture-modified meals, and feeding.

Phil and Lizzie live in a small, ground-floor, one-bedroom apartment in Sydney. Lizzie is 80 years old, frail, and uses both a cane and an oxygen machine regularly due to Chronic Obstructive Pulmonary Disease (COPD). She is unable to leave their home without the oxygen machine.

Charles visits his parents when possible; however, both he and Di are heavily committed to their property management business in Melbourne and to caring for their three children. Their middle child has been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and dyslexia. The family resides in a two-storey, three-bedroom terrace house, with all bedrooms located on the upper level.

Charles has a sister, Anne Windsor, who is 50 years old and currently lives in Ireland with her de facto partner, Timothy Lawrence. Anne and Timothy do not have children. Anne arrived in Sydney on 01 October 2025 on an e-Visitor (Subclass 651) visa to visit her parents. Timothy remained in Ireland due to work commitments. During her visit, Anne became deeply concerned about her parents’ declining health, particularly her mother's capacity to care for her father given her own health issues. 

Anne is a qualified nurse and wishes to remain in Australia to provide ongoing care and support to her parents. Anne has come to you for advice. 

Write a professional letter of advice to Anne addressing at least the following:

• Clearly explain the valid application and decision criteria including relevant provisions, case law and policy where relevant.
• Assess Anne’s eligibility for a carer visa, considering her and her family’s personal histories and circumstances.
• Evaluate the potential for Timothy to be included in the visa application. Note: you do not need to explain any future visa pathways for Timothy.
• Identify any risks, limitations, or procedural challenges the family may face.
• Provide clear, client-centred recommendations, including a brief document list and next steps.

Assessment Summary and Approach

This assessment required students to demonstrate their understanding of Australian immigration and protection visa frameworks through two complex, case-based legal advisory tasks. The scenarios involved:

1. Case 1 – Ms. Layla Zainab (Protection Visa Advice)

   • Assessing eligibility for a Protection Visa (subclass 866).
   • Applying relevant migration legislation, case law, and policy to determine refugee or complementary protection grounds.
   • Evaluating inclusion of family members in the same visa application.
   • Identifying risks, limitations, and procedural challenges in the visa process.
   • Providing client-centred recommendations and next steps with supporting documentation.

2. Case 2 – Ms. Anne Windsor (Carer Visa Advice)

   • Assessing eligibility for a Carer Visa (subclass 116/836).
   • Applying statutory provisions and relevant case law to determine the criteria for carers of Australian citizens or permanent residents.
   • Evaluating potential inclusion of Anne’s partner in the application.
   • Identifying challenges such as medical assessments, relationship documentation, and visa processing limitations.
   • Offering professional recommendations and a practical document checklist.

The key learning objectives for this assessment included:

• Demonstrating applied knowledge of Australian migration law and visa criteria.
• Translating complex legislation into clear, client-focused legal advice.
• Integrating ethical and professional practice in written legal communication.
• Developing analytical, research, and advisory skills aligned with real-world migration consultancy standards.

Academic Mentor’s Step-by-Step Guidance Approach

The academic mentor guided the student through a systematic, research-based and professional writing process, ensuring compliance with academic and legal standards.

Step 1: Understanding the Case Scenarios and Requirements

The mentor began by helping the student dissect each question, distinguishing between the Protection Visa (Layla’s case) and the Carer Visa (Anne’s case). The mentor encouraged reviewing the Migration Act 1958, Migration Regulations 1994, and relevant Ministerial Directions and policy guides (PAM3) for accuracy in interpretation.

Step 2: Structuring the Legal Advice Letter

The mentor provided a model structure for drafting a professional advice letter, emphasizing the following sections:

• Introduction and case background.
• Applicable legislation and decision criteria.
• Assessment of eligibility.
• Consideration of dependents or secondary applicants.
• Discussion of potential risks and limitations.
• Final client-centred advice and document checklist.

Step 3: Research and Application of Legal Frameworks

The mentor guided the student in identifying appropriate legal provisions such as:

• Sections 36 and 65 of the Migration Act 1958 for protection visa determinations.
• Regulation 1.15AA and 1.20AJ under the Migration Regulations 1994 for carer visa criteria.
• Relevant case precedents illustrating refugee claims and dependency relationships.

The student was instructed to interpret and apply these frameworks in plain, professional English suitable for a client audience rather than academic commentary.

Step 4: Incorporating Risk Assessment and Procedural Advice

The mentor highlighted the importance of identifying practical risks such as character assessments, visa validity periods, sponsorship limitations, and medical evaluations while maintaining a tone of reassurance and clarity in communication.

Step 5: Ensuring Client-Centred and Ethical Presentation

The mentor reviewed each draft to ensure the advice remained objective, ethical, and supportive, aligning with the Migration Agents Code of Conduct. The student learned to maintain professional empathy while providing realistic expectations regarding visa outcomes.

Step 6: Final Review and Integration of Feedback

The mentor guided the student in revising the letters to include citations to legislation and policy, ensure logical flow, and meet professional presentation standards. Each section was refined to ensure clarity, coherence, and compliance with assessment rubrics.

Final Outcome and Learning Achievements

By following this structured approach, the student successfully:

• Produced two well-researched, client-oriented legal advice letters demonstrating deep understanding of both protection and carer visa frameworks.
• Accurately applied statutory and policy criteria to assess visa eligibility.
• Developed skills in legal writing, case analysis, and risk evaluation within migration practice.
• Showed competency in integrating theory with real-world advisory practice.
• Met key course learning outcomes related to professional communication, critical analysis, and ethical migration advice delivery.

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