Date
Dr. Green Brown
Re: Visa Options
Dear Ms Brown,
I would like to acknowledge you about the laws related to the migration that would enable you to counter with your existing circumstances.
Regional Sponsored Migration Scheme (RSMS) Subclass 187 Visas
This visa is a permanent employer sponsored visa that requires the applicant to have a job offer within a regional area of Australia.
Grounds of visa cancellations
The Minister and the DIBP is empowered to cancel the Australian Visas under the various circumstances. The grounds of visa cancellations available under the Australian Migration Act are enumerated as below:
Further, the other ground for cancellation would be the non-compliance of the terms and condition of the RSMS 187 visa under section 116 of the Act.
Date
Mr. Zack Rossi
Re: Visa Options
Dear Mr. Rossi,
I would like to acknowledge you about the laws related to the migration that would enable you to counter with your existing circumstances.
Thereafter, the Minister of Multicultural and Indigenous Affairs and Immigration shall determine whether the ground mentioned in the notice is valid. However, in order to determine the validity of the ground of cancellation, the Minister shall consider the information provided by the Department of Immigration as well as any additional information that is provided by the visa holder in response to the notice of intent. Cancellation of visas is either discretionary or mandatory. If it is established that the ground of cancellation exists but it is discretionary in nature, the decision maker may take the circumstances of the visa holder into consideration while determining whether to cancel the visa or not.
According to the given scenario, the notice to intent served to Mr. Rossi under section 109 for providing false information to obtain the 457-subclass visa must be responded to immediately and must provide information about the change in the circumstances of his life. Accordingly, the Minister shall ensure if the ground is justified and if it is considered discretionary, the Minister shall take into consideration of the information provided by Mr. Rossi.
Moreover, section 109 of the Act states that providing false information to obtain 457-subclass visa is a valid ground to cancel the same. However, the notice states that Mr. Rossi has infringed section 101 of the Act as he failed to provide the Department with complete and correct information relating to his encounter with police in Milan when he was a teenager. However, as per the facts of the case, Mr. Rossi did not have any criminal record because he was never asked to appear before the court owing to his appointment with psychiatrist and a difficult family background.
Moreover, notice of intent to consider cancellation of visa under section 109 of the Migration Act is discretionary; hence, the decision maker shall take the circumstances and the responses of the Mr. Rossi while determining whether to terminate the visa. According to section 129 (1) (c) of the Migration Regulation, any applicant who wishes the Department to reconsider their cancellation ground shall response to the notice within 5 minutes if such person is in Australia when the notice is served.
The other evidences that may be assisting this case shall include the disclosure of the fact that Mr. Rossi did not have any past criminal record to the department. Further, the information about the changes in his circumstances including his stable relationship with Gemma Simpson and that she is expecting his baby. Moreover, he has been sponsored by a major Construction Company, which implies that he fulfilled all the requirements that are required in order to be sponsored by an employer in Australia.
Reference list
Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens: Membership in a changing world. Brookings Institution Press, 2013.
Brettell, Caroline B., and James F. Hollifield, eds. Migration theory: Talking across disciplines. Routledge, 2014.
Clayton, Gina. Textbook on immigration and asylum law. Oxford University Press, 2016.
Hoang, Khanh. “Bad character: Visa cancellation on the basis of involvement in criminal conduct.” Legaldate 27.2 (2015): 7.
Hollifield, James, Philip Martin, and Pia Orrenius. Controlling immigration: A global perspective. Stanford University Press, 2014.
Larsen, Gareth. The subclass 457 visa: a quick guide. Parliamentary Library, 2013.
Legendcom (2017) Border.gov.au https://www.border.gov.au/Trav/Visa/LEGE
Oliver, Damian, and Chris F. Wright. “Australia’s shifting skills ecosystem: Contemporary challenges in education, training and immigration’.” Industrial Relations Reform: Looking to the Future, Federation Press: Sydney (2016): 163-186.
Regional Sponsored Migration Scheme Visa (Subclass 187) (2017) Border.gov.au https://www.border.gov.au/Trav/Visa-1/187-
Steen, Adam, and Victoria Peel. “Economic and Social Consequences of Changing Taxation Arrangements to Working Holiday Makers.” J. Austl. Tax’n 17 (2015): 225.
Tham, Joo-Cheong, Iain Campbell, and Martina Boese. “Why is Labour Protection for Temporary Migrant Workers so Fraught? A Perspective from Australia.” (2016).
Weber, Leanne. Policing non-citizens. Vol. 1. Routledge, 2013.
https://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/
https://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/
The Migration Act 1958
The Migration Regulation 1994
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