GRADUATE DIPLOMA IN MIGRATION

GRADUATE DIPLOMA IN MIGRATION LAWLML6005 VISA COMPLIANCE AND CANCELLATIONASSESSMENT TASK 2, Semester 1 20191. Students must answer all questions as indicated. Make certain all answers areclearly labelled.2. Make certain that you enter your NAME and STUDENT NUMBER on each page.Insert them into the header or footer for ease.3. This assignment comprises 40% of the assessment in this unit.4. Your answers must be typed on one side of the paper, double-spaced and with awide margin. Students should note that English expression; grammar andspelling are taken into account in assessment of their answers.5. SUBMISSION OF ASSESSMENT: Please check the online centre for the duedate. It is the responsibility of the student to ensure that the date for receipt iscomplied with. It is intended that all assessment be lodged electronically. This willautomatically generate a receipt. Students must ensure they keep a copy of theirwork.6. WORD LIMIT: Word limits are indicated for certain questions and should beadhered to with each answer.7. All answers should be supported by reference to the relevant legislationprovisions of the Migration Act and Regulations and case law.8. REFERENCING: Students are required to use the Australian Guide to LegalCitation as the preferred method of referencing. You are also required to submita bibliography for each assessment task and not merely a reference list.9. A candidate whose answer to any question depends upon facts which arenot stated, must discuss all relevant alternatives.Assessment Criteria:Content 30%1. Accurate answer to question2. Accurately identifies and cites the law, policy and/or ethics relevant tothe facts provided.Understanding 50%3. Justifies answers by clear reference to the relevant facts and law.4. Clearly identifies and discusses the issues raised by the facts.Expression 20%5. Presents information clearly and logically in a businesslike manner.2SCENARIOIt has been a busy last few months for you as a registered migration agent.Chatura and Asheni Perera are citizens of Sri Lanka. They come to your officejust before you close on a Friday as they have received a letter from theDepartment of Home Affairs saying they intend to refuse their application for theContributory Parent (Subclass 864) visa Onshore and also to cancel their visitorvisas under s.501(1) and (2) of the Migration Act on character grounds forChatura and s.140(1) consequential cancellation for Asheni. Their visitor visaswill expire in two months.They applied for the Contributory Parent visa by themselves and submitted apolice clearance certificate from Sri Lanka as part of the application. It statedthat Chatura had been sentenced to 11 months imprisonment for serious injurythat he caused to his girlfriend when he was 18 years old. He informs you thathe attended Court in Sri Lanka and had provided psychiatric reports about hismental state at the time he committed the crime. The reports clearly stipulatethat it was out of character for Chatura to commit this offence and the psychiatristwas confident that this would not be repeated. The presiding judge accepted theexpert evidence provided by the psychiatrist. He also attended a six month angermanagement course, although it was not part of the condition of his release fromprison.He also informs you that he is remorseful about the incident but that at the timehe was intoxicated when he found out that his girlfriend had got pregnant by hisbest friend. All of this occurred when he was young and two years later he metAsheni and they have been happily married ever since. His only child, Dinesh(28 years), who is a citizen of Australia and who sponsored him for theContributory Parent visa, requires his parents to remain in Australia as Dineshsson, Rupesh (4 years), has multiple seizures throughout the day and night fromhaving the cord around his neck when he was born. He requires constantmonitoring because of the seizures which could cause him to die. Dinesh worksvery long hours as a research fellow in Melbourne University. Dineshs wifepassed away last month suddenly from an aneurysm. Dinesh is inconsolableand has considerable difficulty looking after his son. Whenever he sees his sonhe generally breaks down thinking about his wife. Dinesh has a very small socialnetwork and does not have anyone else to look after his son. He has tried toobtain support from all levels of government without any success. He is unableto afford private providers as his income is limited. Chatura and Asheni havealso been financially supporting Dinesh, whenever possible.It is evident that Chatura and Asheni are required to stay in Australia to look afterboth Dinesh and their grandson, Rupesh.3You are required to:1. Prepare a concise submission to the Minister as to why Chatura and AshenisContributory Parent (Subclass 864) visa application should not be refusedunder s.501. What additional evidence, if any, should they produce to supportthis submission?2. Advise Chatura and Asheni, that in the event the application is refused, whatvisas, if any, could they apply for.3. Chatura and Asheni are extremely concerned and ask you about theprobability of success of your response to the Minister in relation to thepotential s.501 refusal. What are your obligations under the Code of Conductin this regard?Your answer should be supported by reference to the specific legislativeprovisions.(40 marks)(Word limit 2000 words)

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