Introduction 1. On 8 January 2018, the Minister for Home Affairs (‘the Minister’) personally made a residence determination in favour of Ms. Abdulla Moghadam (‘the non-citizen’) under section 197AB(1) of the Migration Act 1958 (Cth) (‘residence determination’)
. 2. In accordance with the residence determination, the Minister imposed the following conditions: • The non-citizen is not permitted to undertake any work that attracts renumeration The non-citizen is only permitted to undertake school education The non-citizen is to reside at 14 Lombo Street, Auburn, New South Wales, 2144. B. Purposes of Correspondence
3. On 20 August 2018, the Minister was notified that the non-citizen has been studying Bachelor of Arts at New South Wales University between February and July 2018 (‘notification’).
4. In circumstances where the notification is correct, the non-citizen would have contravened a condition associated with the residence determination. P a g e | 2 Contravening a condition associated with a residence determination may lead to revocation of the residence determination under section 197AD of the Migration Act 1958 (Cth). In other words, a valid revocation would result in the non-citizen again being placed in immigration detention.
5. As a matter of procedural fairness, the Minister is giving the non-citizen an opportunity to respond to the notification received on 20 August 2018. C. Questions to be Addressed 6. In light of the preceding, please address the following two questions:
(1) Whether the non-citizen has contravened any condition associated with the residence determination made by the Minister? (2) In circumstances where the Minister finds that the non-citizen has contravened a condition associated with the residence determination, what course should the Minister take under section 197AD of the Migration Act 1958 (Cth)?
7. In responding to this letter, you may wish to consider the following: Sections 197AA-197AG of the Migration Act 1958 (Cth) PAM3: Act – Compliance and Case Resolution – Case resolution – Minister’s powers – Minister’s residence determination power. D. Conclusion 8. It is strongly recommended that you obtain the services of a Registered Migration Agent (‘RMA’) in responding to this letter. 9. You should send your written response to the following email address: firstname.lastname@example.org. Doug Case Officer Department of Home Affairs Sydney P a g e | 3 Client Briefing 1. You have conferenced the non-citizen in relation to the Notice to Respond letter dated 27 August 2018.
2. Your conference notes from the conference are as follows: – Client enrolled in a Bachelor of Arts (‘degree’) at New South Wales University in late January 2018. – Client has completed four units in her degree in the Autumn semester 2018. – Client wishes to complete the entire degree by the end of 2020, when she plans to undertake a Masters of Teaching. – Client has received a ‘Special Refugee Scholarship’ from New South Wales University, which has the effect that she is exempt from all fees associated with the degree. – Client has not engaged in any paid employment since the residence determination was granted by the Minister. – Client has indicated that if she cannot study, there is nothing she can do in the Australian community while her protection visa application is being processed by the Department of Home Affairs. – Client has received three distinctions and one credit from her first semester of study in the degree. – Client wishes for me to reply to the Notice to Respond letter as soon as possible. Client wants to continue with her studies. – Client is currently aged 23 years of age. – Client resides with her aunt and sister at 14 Lombo Street, Auburn, New South Wales, 2144. – Client is claiming asylum and has indicated most of her family were killed in Iraq in 2017. P a g e | 4 Rules of Professional Task 1. This assessment is worth 10% of the assessable component for the unit.
2. This assessment has a word count limit of 800 words (exclusive of footnotes).
3. Students are required to employ the Australian Guide to Legal Citation referencing system in completing this assessment.
4. Your response to this assessment is due for submission by 9.30 pm on 7 September 2018. 5. Students are required to submit their response to this assessment for the unit through the Turnitin link on the vUWS website. No other form of submission will be accepted. 6. Students must complete this assessment on their own. Students are not permitted to discuss their answers, or proposed answers, to this assessment with anyone else.
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