Assignment Task
Scenario: James Cook has a UK passport and he came to Australia on a working holiday subclass 417 visa on 22 December 2018. James met Gillian Liong, an Australian citizen, whilst he was working in a small coffee shop near Sydney Harbour. They became very close and started living together from 20 October 2019. Gillian was renting a new unit, and James joined her on the lease before they moved in.
They were advised by a friend to get a relationship registration, which arrived on 15 December 2019 before James’ visa finished. At the time they were very busy, so they rushed the partner visa application which was lodged online on 20 December 2019, but it did not add many items of evidence to it. Their statements were short and their two witness statements were also very short, with little detail.
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Get Help Now!Even though they had a joint account, not much money was in it because Gillian only works part time, whilst she is studying. James stopped work at the coffee shop because they thought his visa had finished.
James’s subclass 417 visa finished on 22 December 2019. On 2 April 2020, the Department wrote to them requesting more information on the nature of the relationship, but they missed the email because Gillian was pregnant, and not well, so she needed to visit the doctor quite often.
The Department refused the visa application on the basis that the delegate was not satisfied that the evidence showed their relationship was genuine and continuing, and the application therefore did not meet the requirements of paragraph 5CB(2)(b) of the Migration Act 1958 (Cth). The refusal email was dated 2 July 2020.
TASK: Prepare a submission to the AAT that responds to the s359A letter. The response is due on 14 May 2021 and should be submitted through Turnitin on the LAWS506 Assessment webpage. You must answer or rebut the s359A allegation, identify the evidence that supports your submissions, and list it. The submission should include an explanation of the key dates in their relationship and provide a list of attachments listing whatever evidence you think is relevant for the partner visa genuine relationship criteria. You have been supplied with two statements. No evidence (including the two statements you have been supplied) needs to be submitted as part of your assessment; only a submission and a list of attachments needs to be submitted.
Make sure you create a file number for the AAT case and set out the names and dates of birth of the review applicant and the sponsor. It is important to write a formal letter. Do not copy and paste the legislation into your letter, you only have 2000 words. You need to explain what is relevant in the law to this case and footnote the section(s), regulation(s), or any relevant case law in your letter.
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