GRADUATE DIPLOMA IN MIGRATION LAW
Subject: VISA COMPLIANCE AND CANCELLATION
ASSESSMENT TASK 2, Semester 1 2020
- Students must answer all questions as indicated. Make certain all answers are clearly labelled.
- Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease.
- This assignment comprises 40% of the assessment in this unit.
- Students should note that English expression; grammar and spelling are taken into account in assessment of their answers.
- SUBMISSION OF ASSESSMENT: Please check the online centre for the due date. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt. Students must ensure they keep a copy of their work.
- WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer.
- All answers should be supported by reference to the relevant legislative provisions of the Migration Act and Regulations and case law.
- A student whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.
- REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list.
- The accurate answer to the question
- Accurately identifies and cites the law, policy and/or ethics relevant to the facts provided.
- Justifies answers by clear reference to the relevant facts and law.
- Clearly identifies and discusses the issues raised by the facts.
- Presents information clearly and logically in a businesslike manner.
Wei Ting is a successful businessman and a citizen of China. Wei has had a successful career spanning over 40 years in China running an import/export business. Wei is married to Phey, who is also a Chinese citizen.
Wei has two sons, Peter, who is a permanent resident of Australia and Mark who is a citizen of Australia, having both been sponsored by their respective spouses on Partner visas. Wei’s sons have married two sisters and the bond between the families is very strong, in that, Wei’s 4 grandchildren are more like sisters and brothers rather than cousins. One of their grandchildren, Lily, aged 4 and Mark’s child, has been diagnosed with severe Autism. Lily is especially close to Wei and Phey and whenever possible they have been flying to Australia to look after her, each time on Visitor (Subclass 600) visas. Wei has decided its time he expanded his business and both Wei and Phey have decided that they would now like to apply for a Business Skills (Subclass 188) visa in the Business Investor Stream so Wei can open a branch in Australia and Phey can help look after their grandchildren.
Two months after the application was lodged, Wei and Phey were asked to undergo health and character checks. Wei’s police clearance showed that he had a criminal record. This information was submitted to the Department of Home Affairs. Phey was shocked that Wei had a conviction for corruption and was sentenced to 2 years jail but was released after 1½ years because of good behaviour. He informed Phey this happened before they met and that it was common practice back then to bribe custom officers to allow some of his jobs to be able to pass through customs. However, since that time Wei has implemented processes in his company to ensure that this did not occur again and has grown a very successful business.
Wei is concerned as he has just received a Notice of Intention to Consider Refusal of their visa application under section 501.
Wei and Phey have come to see you and asked for your assistance with preparing a submission to the Department of Home Affairs. They advise you that besides this conviction, Wei has not had any convictions since this incident. Wei has established various charitable foundations in China for children with Autism and also regularly sponsors charities that support children with Autism in Australia.
You are required to:
- Prepare a concise submission to the Minister for Immigration addressing the reasons why Wei and Phey’s visa application should not be refused under s.501.
- Advise Wei and Phey about their visa options, if any, in the event the application is refused?
- Wei and Phey are extremely concerned and ask you about the probability of success of your response to the Minister for Immigration in relation to the potential s.501 refusal. What are your obligations under the Code of Conduct in this regard and how would you address that requirement?
Your answer should be supported by reference to the specific legislative provisions. (40 marks)
(Word limit – 2200 words)
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