Posted: February 2nd, 2022

ASSESSMENT TASK LAW LML6005 VISA COMPLIANCE AND CANCELLATION

MIGRATION 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 just 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 observe that English expression; grammar and spelling are taken into consideration in evaluation of their solutions.
5. SUBMISSION OF ASSESSMENT: Please verify the web centre for the due date. It’s the accountability of the scholar to make sure that the date for receipt is complied with. It’s meant that each 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 must be adhered to with every reply. Lodging OF ASSESSMENT: Please verify the web neighborhood for the due date. It’s the obligation of the understudy to ensure that the date for receipt is consented to. It’s anticipated that each one appraisal be held up electronically. This may naturally produce a receipt. Understudies ought to assure they hold a replica of their work.

6. WORD LIMIT: Phrase limits are demonstrated for particular inquiries and must be clung to with every reply.
7. All solutions must be supported by reference to the related legislative provisions of the Migration Act and Rules and case legislation.
eight. A scholar 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 technique of referencing. You might be additionally required to submit a bibliography for every evaluation job and never merely a reference record.
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.
Understanding 50%
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 info clearly and logically in a businesslike method.

SCENARIO
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 Associate visas. Wei’s sons have married two sisters and the bond between the households could be very sturdy, in that, Wei’s four grandchildren are extra like sisters and brothers slightly than cousins. Considered one of their grandchildren, Lily, aged four and Mark’s baby, has been identified with extreme Autism. Lily is particularly near Wei and Phey and at any time when potential 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 might now like to use for a Enterprise Abilities (Subclass 188) visa within the Enterprise Investor Stream so Wei can open a department in Australia and Phey can assist take care of their grandchildren.
Two months after the applying was lodged, Wei and Phey had been requested to endure well being and character checks. Wei’s police clearance confirmed that he had a legal file. This info was submitted to the Division of Residence 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 apply again then to bribe customized officers to permit a few of his jobs to have the ability to move by customs. Nonetheless, since that point Wei has applied processes in his firm to make sure that this didn’t happen once more and has grown a really profitable enterprise. Phey was surprised that Wei had a conviction for defilement and was condemned to 2 years jail nonetheless was delivered following 11/2 years in gentle of acceptable conduct. He educated Phey this occurred earlier than they met and that it was regular apply in these days to repay customized officers to allow a portion of his duties to have the choice to undergo traditions
Wei is anxious as he has simply acquired a Discover of Intention to Contemplate Refusal of their visa software below part 501.
Wei and Phey have come to see you and requested on your help with getting ready a submission to the Division of Residence Affairs. They advise you that moreover this conviction, Wei has not had any convictions since this incident. Wei has established

varied charitable foundations in China for kids with Autism and in addition frequently sponsors charities that assist youngsters with Autism in Australia.
QUESTION
You might be required to:
1. Put together a concise submission to the Minister for Immigration addressing the the explanation why Wei and Phey’s visa software shouldn’t be refused below s.501.
2. Advise Wei and Phey about their visa choices, if any, within the occasion the applying is refused?
three. Wei and Phey are extraordinarily involved and ask you in regards to the chance of success of your response to the Minister for Immigration in relation to the potential s.501 refusal. What are your obligations below the Code of Conduct on this regard and the way would you handle that requirement? Wei and Phey are amazingly involved and get some details about the chance of accomplishment of your response to the Minister for Immigration similar to the potential s.501 refusal. What are your commitments below the Code of Conduct in such method and the way may you handle that necessity?
Your reply must be supported by reference to the particular legislative provisions.
(40 marks)
(Phrase restrict – 2200 phrases)

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