2019-04-26T10:33:24+00:00 sample questions

Discuss the legal implications of the decision of the Full Federal Court in Beni v Minister for Immigration and Border Protection

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QUESTION 1 Discuss the legal implications of the decision of the Full Federal Court in Beni v Minister for Immigration and Border Protection [2018] FC in terms of extensions of time for the filing of applications for merits review with the Administrative Appeals Tribunal. Be concise. (10 marks) (Word limit – 500 words) QUESTION 2 Joseph Franz, a citizen of Germany, arrived in Queensland 1 year ago on a Class TU sub class 500 student visa. He informs you that he was too busy enjoying the fine life and he did not attend most of his classes. Joseph received a notice by email from the Department of Home Affairs that his student visa was cancelled under s.116 of the Migration Act 1958. Prior to the cancellation of his visa, Joseph lodged a Class UK/BS sub class 820/801 partner visa application in Australia as he got married to, Amy, an Australian citizen, 3 months ago. Amy has decided that Joseph cannot lead a carefree life and wants certainty about his visa status. He wants you to prepare a comprehensive letter of advice addressing the following issues: 1. What bridging visa would Joseph presently hold if his student visa was cancelled 35 days ago and he did not apply for review to the Administrative Appeals Tribunal? (5 marks) 2. What is the status of the Partner Class UK/BS sub class 820/801 visa application? (5 marks) 3. If Joseph sought review of the visa cancellation in the Administrative Appeals Tribunal within the prescribed time limits, what bridging visa would he now hold and what are the time limits for lodging an application for review of the decision? (5 marks) 4. Explain in plain English the basis of review available to Joseph should he fail in the Administrative Appeals Tribunal and decide to review the decision in the Federal Circuit Court. (As part of your answer you are required to address the restrictions (if any) imposed by the Migration Act (1958) in terms of judicial review by the Federal Circuit Court.) (10 marks) 5. Could Joseph also make an application to the Minister to exercise his discretion “in the public interest”? When could he make this application and what bridging visa would he hold?


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