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Immigration Law – Australia’s Visa System

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Viva Voce Assessment

  1. Trang Trinh (‘the visa applicant’) applied to the Department of Home Affairs (‘the Department’) for a Child (Migrant) (Class AH) visa on 11 May 2018. The visa applicant seeks to be granted a Subclass 101 (Child) visa (‘the visa application’).
  2. The visa applicant was 18 years of age as at the date of the visa application.
  3. Linh Le (‘the visa applicant’s mother’) became an Australian citizen in March 2018. The visa applicant’s mother is seeking to sponsor the visa applicant to live with her in Australia.
  4. Prior to moving to Ho Chi Minh City at the end of July 2018, the visa applicant lived with Tuan Trinh (‘the visa applicant’s father’) and David Trinh (‘the visa applicant’s older brother’) in the family home in rural Vietnam. However, the visa applicant’s father spent most of his time with his other wife, so the visa applicant was, for the most part, living just with her older brother.
  5. The visa applicant’s father spent approximately two days per week with the visa applicant and the visa applicant’s older brother and would spend the rest of the time with his other wife.
  6. The visa applicant’s father purchased food and cooked for the visa applicant occasionally. The visa applicant’s father used the money the visa applicant received from her mother for this purpose.
  7. The visa applicant used money sent to her by her mother to pay for her daily expenses, travel and other food costs. Breakfast was eaten at school and was paid for separately from the school fees.
  8. The visa applicant’s mother came to Australia when the visa applicant was 14. Since that time, the visa applicant’s mother has sent her money almost every month (either directly to her or via the visa applicant’s older brother) by money transfer or has given her money directly when she has visited her in Vietnam. There is documentary evidence of numerous money transfers from the visa applicant’s mother to the visa applicant or to the visa applicant’s older brother (throughout 2015–2018).
  9. The shelter provided by the visa applicant’s father was in the family home in a rural area of Vietnam. The visa applicant’s father occasionally provided the visa applicant with food he grew on his rural property in Vietnam. However, the visa applicant’s mother paid for the visa applicant’s clothing, school fees, transport costs, incidentals, food for breakfast and lunch at least six days per week (when she was at school) and sometimes for evening meals.
  10. In light of the preceding considerations, answer the following questions:

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  1. (1)  Was the visa applicant a ‘dependent child’ of her mother at the time the visa application was lodged pursuant to reg 1.03 of the Migration Regulations 1994 (Cth)? (15 marks)
  2. (2)  If the visa applicant held a casual job in Vietnam at the point in time she lodged the visa application, is this relevant in assessing her visa application? (5 marks)

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Rules of Viva Voce Assessment

  1. This assessment is worth 20% of the assessable component for the unit.
  2. In answering the questions for this assessment, students must do the following:
  • Summarise their key advice in a one-page document (12 font).
  1. Students are required to employ the Australian Guide to Legal Citation referencing system in completing the one-page document.
  2. Your response to this assessment is due for submission by 6 October 2018 at 6.30pm.
  3. Students are required to submit their written response to this Viva Voce Assessment through the Turnitin link on the university website for the unit. No other form of submission will be accepted.

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.

Viva Voce Assessment

1.Was the visa applicant a ‘dependent child’ of her mother at the time the visa application was lodged pursuant to REG. 1.03 of the Migration Regulations 1994 (Cth)? (15 marks)

Yes. At the point in time when the visa applicant was applying for the child visa, she was a ‘dependent child’ of her mother. Pursuant to REG 1.03 of the Migration Regulations 1994 (Cth), a ‘dependent child’ is one who is dependent, wholly or significantly, on the parent (in this case the mother). From this description, the visa applicant can thus be classified a ‘dependent child’ since the mother took responsibility for the daily welfare, care as well as development of the visa applicant.

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