LAW LML6005 VISA COMPLIANCE AND CANCELLATION
ASSESSMENT TASK 2, Semester 1 2020
1. College students should reply all questions as indicated. Make sure all solutions are clearly labelled.
2. Make sure that you simply enter your NAME and STUDENT NUMBER on every web page. Insert them into the header or footer for ease.
three. This project includes 40% of the evaluation on this unit.
four. College students ought to be aware that English expression; grammar and spelling are taken under consideration in evaluation of their solutions.
5. SUBMISSION OF ASSESSMENT: Please test the web centre for the due date. It’s the accountability of the coed to make sure that the date for receipt is complied with. It’s meant that every one evaluation be lodged electronically. This may mechanically generate a receipt. College students should guarantee they make a copy of their work.
6. WORD LIMIT: Phrase limits are indicated for sure questions and ought to be adhered to with every reply.
7. All solutions ought to be supported by reference to the related legislative provisions of the Migration Act and Laws and case legislation.
eight. A pupil whose reply to any query relies upon upon information which aren’t said, should talk about all related alternate options.
9. REFERENCING: College students are required to make use of the Australian Information to Authorized Quotation as the popular methodology of referencing. You might be additionally required to submit a bibliography for every evaluation job and never merely a reference listing.
Evaluation Standards: Content material 30%
1. Correct reply to query
2. Precisely identifies and cites the legislation, coverage and/or ethics related to the information offered.
three. Justifies solutions by clear reference to the related information and legislation.
four. Clearly identifies and discusses the problems raised by the information. Expression 20%
5. Presents data clearly and logically in a businesslike method.
Wei Ting is a profitable businessman and a citizen of China. Wei has had a profitable profession spanning over 40 years in China working an import/export enterprise. Wei is married to Phey, who can be a Chinese language citizen.
Wei has two sons, Peter, who’s a everlasting resident of Australia and Mark who’s a citizen of Australia, having each been sponsored by their respective spouses on Companion visas. Wei’s sons have married two sisters and the bond between the households may be very sturdy, in that, Wei’s four grandchildren are extra like sisters and brothers relatively than cousins. One among their grandchildren, Lily, aged four and Mark’s youngster, has been recognized with extreme Autism. Lily is particularly near Wei and Phey and each time attainable they’ve been flying to Australia to take care of her, every time on Customer (Subclass 600) visas. Wei has determined its time he expanded his enterprise and each Wei and Phey have determined that they’d now like to use for a Enterprise Expertise (Subclass 188) visa within the Enterprise Investor Stream so Wei can open a department in Australia and Phey will help take care of their grandchildren.
Two months after the appliance was lodged, Wei and Phey have been requested to bear well being and character checks. Wei’s police clearance confirmed that he had a felony document. This data was submitted to the Division of Dwelling Affairs. Phey was shocked that Wei had a conviction for corruption and was sentenced to 2 years jail however was launched after 11/2 years due to good behaviour. He knowledgeable Phey this occurred earlier than they met and that it was widespread observe again then to bribe customized officers to permit a few of his jobs to have the ability to go by way of customs. Nevertheless, since that point Wei has carried out processes in his firm to make sure that this didn’t happen once more and has grown a really profitable enterprise.
Wei is worried as he has simply obtained a Discover of Intention to Think about Refusal of their visa software beneath part 501.
Wei and Phey have come to see you and requested to your help with getting ready a submission to the Division of Dwelling Affairs. They advise you that apart from this conviction, Wei has not had any convictions since this incident. Wei has established
numerous charitable foundations in China for kids with Autism and in addition frequently sponsors charities that assist youngsters with Autism in Australia.
You might be required to:
1. Put together a concise submission to the Minister for Immigration addressing the explanation why Wei and Phey’s visa software shouldn’t be refused beneath s.501.
2. Advise Wei and Phey about their visa choices, if any, within the occasion the appliance is refused?
three. Wei and Phey are extraordinarily involved and ask you in regards to the likelihood of success of your response to the Minister for Immigration in relation to the potential s.501 refusal. What are your obligations beneath the Code of Conduct on this regard and the way would you deal with that requirement?
Your reply ought to be supported by reference to the particular legislative provisions.
(Phrase restrict – 2200 phrases)