Applicable Policies: Refer to the Extended Unit Outline which addresses all relevant policies
PURPOSE
The purpose of this assessment is to assist students to contextualise their learning and use theoretical knowledge in a practical and real-life situation. Students are asked to use critical thinking and reasoning to suggest solutions to factual problems. This task requires students to critically analyse elements of Australian Migration Law and provide conclusions informed by legislation and policy and assesses the following learning outcomes:
1. Locate, navigate and interpret Migration legislation and identify the role of policy
2. Demonstrate knowledge on visa application and processing including types of visas, validity, criteria and conditions
3. Strategically analyse and assess client’s visa eligibility
4. Research, formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.
How to submit: Online Turnitin
Return of assignment: Online Turnitin
Scenario:
You work at migration firm Omakau Migration as a migration agent, assisting the busy owner with his clients. One such client is Pat’s Patisserie. Yesterday you both met with the manager and owner of Pat’s, Pat Garcon, to discuss the possibility of sponsoring a Baker on a Temporary Skill Shortage (TSS) visa. During the meeting you learned the following information:
– The business is operated by Pastry Australia Pty Ltd ABN 51 824 753 556 a private company incorporated in NSW in 2010. Pastry Australia Pty Ltd is 100% owned by Pat Garcon who is the sole director. Pat’s Patisserie is a registered business name of Pastry Australia Pty Ltd, which has not been approved in the past, and is not currently approved as any type of sponsor.
– Pastry Australia Pty Ltd has operated two outlets since it was established in 2010, Pat’s Patisserie in the city, and a larger workshop outside the city which operates
under the name of Commercial Croissants, which is also a registered business name of Pastry Australia Pty Ltd.
– Pastry Australia Pty Ltd has operated two outlets since it was established in 2010. Pat’s Patisserie in the inner city, a retail high end boulangerie patisserie which prepares and sells a range of cakes, pastries, quiches and breads. It also operates a larger bakery in an industrial estate which produces a range of pastries under the name of Commercial Croissants, which is also a registered business name of Pastry Australia Pty Ltd. Commercial Croissants provides artisan, baked goods to Sydney-based, high-end
restaurants, bars, cafes and large corporates.
– Pat wishes to sponsor Agnes Mo (DOB 09/07/1996), an Indonesian citizen who is currently in Australia. Agnes has a Diploma in Fine Arts, and has worked as a Baker in Indonesia from April 2016 to Dec 2021.
– Pat wants to sponsor Agnes for a 2 year visa.
– Agnes arrived in Australia on 1 February 2022 on a work and holiday subclass 462 visa.
She did 3 months of specified work picking blueberries around Coffs Harbour, and applied for a second WHV on 30 January 2023. That application is not yet decided. She was granted a Bridging Visa A (BVA) when she lodged the WHV application, and that is her current visa.
Pat and Agnes sign up to get your assistance with a Standard Business Sponsorship, TSS Nomination and Application. In the week following the appointment, both Pat and Agnes email you a number of times with questions about the applications. Respond to each email with a separate response email. All email should be contained within a single document and numbered.
You should respond in business language with an appropriate salutation, signoff and an appropriate level of formality. Use an email format similar to the emails sent to you by your clients. There are no marks allocated to your email formatting. Any time you spend creating logos, signatures or any other images will not gain you any marks. Although you would not normally reference an email to a client, it is a requirement for this assessment that you properly reference these emails using AGLC referencing, citing the legislation that supports your response.
If, for example, you respond to Question 5 with the correct English scores, but you do not reference the correct legislation, or if you only reference the Immigration website, you will not pass that question.
Do not cite the websites of other migration agents. Do not rely on such sites to undertake your research.
If the answer to the question is only found in policy set out in PAMs, reference that policy. You have been given sufficient detail to answer each question. However if you believe you need more information to properly respond, you should list it in your response. If you have addressed an aspect of a question in a previous question, you do not need to repeat that explanation.
Q1: (400 words, 8 marks)
From: Pat <pat@pastryaustralia.com.au>
Sent: Friday, March 2023 9:24 AM
To: agent <agent@ok.com.au>
Subject: Re: TSS
Hi. Can you explain to me again about the advertising I need to do? What does it need to say and how long do I need to advertise for? I have many ads for bakers and pastry cooks on my business website, is this useful, or do I need to pay for an ad? Do I need to send you a copy?
Pat
Q2: (200 words, 4 marks)
From: Pat <pat@pastryaustralia.com.au>
Sent: Friday, March 2023 9:24 AM
To: agent <agent@ok.com.au>
Subject: Re: TSS
Dear Agent
Hi. I was just hoping you could provide me with some information about the timeframes and deadlines for this application.
Do we need to have each stage approved before we lodge the next one?
Pat
Q3: (200 words, 4 marks)
From: Agnes <AgnesMo@notanemailaddress.com>
Sent: Friday, March 2023 9:37 AM
To: agent <agent@ok.com.au>
Subject: Re: TSS
Dear Sir
I hope you are well. I would just like to enquire about lodging my visa application. Is there any problem that will stop me from lodging my visa application? I have told my employer about my current bridge visa, and I am worried that I cannot apply for the working visa from this visa?
I already have lodged an application for a visa, as I told you. Do I need to withdraw this visa first?
Agnes
Q4: (400 words, 8 marks)
From: Agnes <AgnesMo@notanemailaddress.com>
Sent: Friday, March 2023 9:37 AM
To: agent <agent@ok.com.au>
Subject: Re: TSS
Dear Sir
I hope you are well. I would like to enquire about the work reference you told me to get from my previous employer. I worked for him for 3 years. What should it say? He does not speak much English, can he write it in Indonesian? You said I will need to show I have skills to do the job. Will this work reference be enough? Can you confirm whether or not I need some kind of skills assessment?
Agnes
Q5: (200 words, 4 marks)
From: Agnes <AgnesMo@notanemailaddress.com>
Sent: Friday, March 2023 9:37 AM
To: agent <agent@ok.com.au>
Subject: Re: TSS
Dear Sir
I hope you are well. I wanted to check on what you said about showing I can speak English. I did all my high school in English, that was 5 years. But it might be easier to do one of the tests you talked about? I have heard of IELTS, but I am not sure what score I need? What was the PTE test you talked about and what score do I need for that? Do I need to do this test before you lodge my visa?
Agnes
Q6: (200 words, 4 marks)
From: Pat <pat@pastryaustralia.com.au>
Sent: Friday, March 2023 9:24 AM
To: agent <agent@ok.com.au>
Subject: Re: TSS
Hi. I just wanted to check on whether Agnes can work in both businesses – Pat’s Patisserie and Commercial Croissants? I mostly want her to work in Pat’s, but sometimes there might be more work in Commercial, so I might need her in both places. The work will be the same.
Pat
Q7: (400 words, 8 marks)
From: Pat <pat@pastryaustralia.com.au>
Sent: Friday, March 2023 9:24 AM
To: agent <agent@ok.com.au>
Subject: Re: TSS
Hi. Can you just explain again about the market salary information you need? I intend to pay Agnes $55,000, but I’ve heard that the minimum is now $70,000, is that right? I have baker on $53,180 do you need his payslip? My head supervisor is on $62,000, do you need his payslip?
Pat.
