Mary Chau, a 30 year old citizen of the People's Republic of China (PRC) , has always
been a high achiever, taking after her mum and dad, who are both Professors in Law
at the University of Beijing. Mary studied a Bachelor of Law (Honours) as well as a PhD
in Law at the University of Canberra. Mary returned to the PRC and worked at
the University of Beijing as a Research Fellow in the Department of Law. Mary was
happy to comply with her parents' wishes of becoming a Professor at the University,
but secretly, Mary's dream was to work in aged care as she did not have a chance
to meet her grandparents as they passed away before she was born. Mary feels like
she gets along better with elderly people than with people her own age and would like
to help them in the latter stage of their lives.
Mary has been in continual contact with a fellow researcher she met in Australia,
Donald, who is a national of Argentina. Donald is still in Australia completing his
residency at the University of Canberra. Unfortunately for Donald, the distance
from his wife took a toll on their relationship and Donald recently told Mary that
his relationship with his wife had ended. Mary has been helping him through the
breakup and they have become quite close. Donald told Mary that the silver lining
of breaking up with his wife was that he could pursue other relationships and that he
had always fancied Mary.
Mary could not believe what she heard and applied for a Visitor (Subclass 600) visa
in the Tourist stream so she could go and visit him in Canberra. She was granted the
visa a few weeks later with no 8503 condition attached to it. Mary arrived in Australia
and Donald met her at the airport. They have both decided that they want to take
the relationship further.
Now that Mary is in Australia and has had some time away from the PRC, she decides
that this is the perfect time to enrol in a Diploma of Aged Care at Victoria University as
she really wants to stay here in Australia with Donald and does not wish to return to
the PRC. Mary forgot to renew her Visitor visa. Mary has not been able to obtain a
letter of offer or Confirmation of Enrolment before her Visitor (subclass 600) visa
ceased.
Mary consults you, a registered migration agent, 31 days after her Visitor (Subclass 600) visa ceased to be in effect, about the following:
(a) Can she apply for a Student Class TU (Subclass 500) visa assuming she enrols
in the Diploma? Explain why/why not?
(b) Can she apply for a Visitor (Subclass 600) visa? Explain why/why not?
(c) If Mary asked you what were the prospects of success for each of her visa
applications, what would be your answer, taking into account your ethical
obligations?