Australia’s Visa System Practical Problem Scenario - Law Assignment Help

Assignment Task:

Task:

Australia’s Visa System 1 Practical Problem Scenario (35%) Students are to review the below scenario and answer the following questions. Lorenzo is a 26-year-old man from Italy who arrived in Australia in January 2015 on a Subclass 500 Student visa to study a B Arts at the University of Sydney. During this time, he met Laura, who is an Australian citizen. They commenced an intimate relationship. After living with Laura for three years and finishing his degree, Lorenzo applied for and was granted a Subclass 820 Temporary Partner visa in January 2018. Shortly after, Laura fell pregnant and gave birth to a baby boy named Victor in October 2019. Since October 2019, Lorenzo, Laura and Victor have lived in the same home as a family unit. However, in June 2020, Lorenzo believed that Laura started having an affair. One night, after Laura fell asleep, Lorenzo checked her phone and discovered text messages between Laura and a man named Hugo. Enraged by what he found, Lorenzo woke up Laura and confronted her about the texts. He then slapped Laura several times and stopped when Victor, who was sleeping in the same room at the time, woke up and started crying. In a state of rage, Lorenzo left the room and went into the kitchen. Fearing for her life and her son, Laura locked the bedroom door. Lorenzo returned with a knife from the kitchen and broke down the bedroom door. He then approached Laura and while holding the knife to her throat said “I’d kill you right now if you weren’t carrying our second child”. Previously, Laura had fallen pregnant to Lorenzo in March 2020 and, at the time of the incident, was expecting their second child. The child was subsequently born in December 2020. She is a baby girl named Sandra. Neighbours reported the incident to the NSW Police and Lorenzo was subsequently charged with Assault occasioning Actual Bodily Harm under s 59(1) of the Crimes Act 1900 (NSW). Lorenzo plead guilty and was sentenced to 6 months imprisonment in December 2020. In his sentencing remarks, the magistrate noted that Lorenzo had no prior criminal record and was generally considered a person of good character in the community. The magistrate indicated, however, that while Lorenzo had demonstrated some degree of remorse and had undergone counselling in prison, there was reason to doubt whether he had truly understood the seriousness of his actions and the psychological harm he had caused to his wife and child. Specifically, the report of the prison psychologist indicated that Lorenzo held negative attitudes towards women following his upbringing in Italy and that he was participating in counselling to “get a better sentence”. At the time of sentence, the Magistrate noted that Lorenzo had not formally apologised to Laura for his actions. Following his release from prison in July 2021, Lorenzo received notice from a delegate of the Minister of Home Affairs indicating that the delegate is considering whether to cancel Lorenzo’s Subclass 820 Partner visa on the basis that Lorenzo fails the character test under s 501(6)(d)(i) of the Migration Act 1958 (Cth).

 Questions

1) Can the ministerial delegate cancel Lorenzo’s Subclass 820 Temporary Partner visa under s 501(2) of the Migration Act 1958 (Cth) despite the fact that Lorenzo served less than 12 months imprisonment? (10 marks)

2) What primary factors under Ministerial Direction 90 will directly affect the exercise of the ministerial delegate’s discretion whether or not to cancel Lorenzo’s visa? In your answer, apply Direction 90 and consider whether the identified factors weigh in favour of or against the cancellation of Lorenzo’s visa (20 marks)

3) If the Minister were to make the decision personally, would they still be obligedto follow Ministerial Direction 90? (5 marks)

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