You must use correct legal citation at all times. Use the AGLC and the ‘Guide to Legal Research and Citation’ which are available on your course site. All answers should be supported by reference to the relevant provisions of the Migration Act 1958 (Cth), Migration Regulations 1994 (Cth), other relevant legislation, policy and/or case law. Penalties apply for exceeding the word limit. Please see the ‘Course Study Guide’ for details. QUESTION 1 – LETTER OF ADVICE (500 WORDS, 10 MARKS) Dr Jennifer Brown is a 42 year old citizen of Zimbabwe. She first came to Australia 10 months ago on a Class RN subclass 187 Regional Skilled Migration Scheme visa sponsored by a medical practice in Alice Springs as a General Practitioner. Her husband and twin sons were included in that application as members of her family unit. Dr Brown moved to Melbourne recently and is now working in a medical centre in Box Hill as a GP. Dr Brown said her relationship with her husband had ended some time before the family migrated to Australia. However they had withheld that information from DIBP on the basis that they believed it was in the best interests of their children that all four of them should live in the same country. Officers of DIBP attended her workplace yesterday and handed her a Notice of Intention to Consider Cancellation (NOICC). She contacted you for some advice. Prepare a letter of advice to Dr Brown outlining the following: 1) What two cancellation powers could be relevant in this situation? Justify your answer by reference to the facts. 2 | ANU COLLEGE OF LAW © Migration Law Program LAWS8169 VISA COMPLIANCE, CANCELLATION AND REVIEW AUTUMN 2017 2) What is the most likely cancellation power being used by DIBP? Justify your answer by reference to the facts. 3) For the cancellation power you’ve identified above in 2), w o WhattheNOICCfromtheDIBPmustcontain;and o HowmuchtimeDrBrownwouldhavetorespondtotheNOICCfromDIBP. [Note: A reference to ‘two cancellation powers’ cannot mean two different grounds under the same cancellation power. For example, s 116(1)(a) and s 109 for breach of s 101 constitute two different cancellation powers. However references to s 116(1)(a) and s 116(1)(g) are two grounds of the same cancellation power and would not be an acceptable answer]. QUESTION 4: CLIENT FILE PART 2 – LEGAL MEMO (1000 WORDS, 20 MARKS) On WATTLE you worked through Activity 1 of the Client File in your Office Group. This question forms Activity 2 of the Client File. It is important that you are familiar with the information gained about the client in Activity 1, including reviewing the feedback comments from the Office Managers and Firm Director. Scenario Since our initial contact with Mr Zack Rossi on 22 May 2017 we have received the following additional instructions: 1. Mr Rossi was born in Milan, Italy, on 1 December 1989. He is an Italian citizen. 2. As a teenager Mr Rossi had a series of interactions with the police, being arrested on four separate occasions. He was charged with theft and possession of small amounts of prohibited drugs on three occasions. On each occasion the police didn’t proceed with the charges on the basis that he participated in counselling with a psychologist specialising in youth with difficult family backgrounds. Mr Rossi was never required to attend Court. 3. Mr Rossi has not had any involvement with the authorities since that time and his life has been on a positive trajectory ever since. 4. In June 2009 Mr Rossi completed a 4 months Trade Certificate in Bricklaying. Subsequently, he worked as a bricklayer in a number of building and construction companies until January 2013. He then spent two years travelling around Europe and America before coming to Australia in 2015. 6 | ANU COLLEGE OF LAW © Migration Law Program LAWS8169 VISA COMPLIANCE, CANCELLATION AND REVIEW AUTUMN 2017 5. On 1 December 2016 Mr Rossi was granted a four year Class UC subclass 457 Temporary Work (Skilled) visa as a Bricklayer (ANZSCO 331111) with a base salary of AUD$69,000. He was sponsored for that visa by a major Construction Company based in Sydney. 6. Mr Rossi advises that he has been living in a de facto relationship with Ms Gemma Simpson, a 32 year old Australian citizen. They first met in September 2015. They spent a month travelling together in Queensland over Christmas/New Year in 2015/16 and Mr Rossi moved in with Ms Simpson on 15 February 2016. 7. Mr Rossi advises that the couple now lives together in Sydney and Ms Simpson is now pregnant with his child. 8. Neither Mr Rossi nor Ms Simpson have previously had a serious partner relationship. 9. In his application for the Class UC subclass 457 visa, Mr Rossi: a. Did not disclose the information that he was involved with the police in Milan as a teenager; b. Gave an accurate employment history for his time in Australia between July 2015 and July 2016 – all of which was in Sydney. Mr Rossi did not undertake any work in regional or rural Australia. 10. Yesterday Mr Rossi received a Notice of Intention to Consider Cancellation under Section 109 of the Migration Act 1958 (‘NOICC’). This notice is based on the following: a. The incorrect criminal history given in his subclass 457 visa application; b. The fact that the second subclass 417 Working Holiday visa should not have been granted as he had not in fact completed the required regional work. With reference to specific legislative provisions, prepare a legal memo addressed to your supervisor. In the legal memo, you must: a) Describe the process which the DIBP must follow before making a decision on the NOICC which was received by Mr Rossi yesterday, including specifying any relevant time periods. b) Explain whether the grounds for cancellation under s 109 of the Act are made out? If so, specify the precise basis upon which that conclusion is based; if not explain why not. c) State what subjective matters you would place before DIBP to argue against cancellation. Also detail the types of evidence that you recommend should be 7 | ANU COLLEGE OF LAW © Migration Law Program LAWS8169 VISA COMPLIANCE, CANCELLATION AND REVIEW AUTUMN 2017 included with any response and how that evidence would assist his case. Any suggested evidence must be supported by the facts as given. d) Give your opinion on whether or not DIBP are likely to cancel Mr Rossi’s visa under s 109 of the Act. e) Explain whether Mr Rossi would be exposed to visa cancellation on any other basis if the DIBP does not cancel the visa under s 109 of the Act.