LML6003: Australia's Visa System - Shirley Ho Case Study Law Assessment Answer

SCENARIO Law Assessment

LML6003

Shirley Ho, aged 22, came from Macau on a student (500) visa to study a degree course in marketing at Sydney Institute of Technology (SIT). Shirley was a spoilt brat at home in Hong Kong, her parents being part of the Ho clan which owns most of the casinos in Macau, and who had given in to Shirley's every whim and tantrum. In Sydney, Shirley is no different, and did not do well in her studies. She failed many subjects and was recently given notice by SIT that unless her academic progress improves in the current semester, the Institute will have no alternative but to terminate her enrolment and inform the Department of Home Affairs about her failure.
However, rather than studying harder, Shirley continued her wayward behaviour, preferring to go out to karaoke bars in Chinatown and dining out at expensive restaurants, using the credit card given to her by her parents to pay for her studies. One of the places Shirley often frequented was Taipei 101 in Darling Harbour, owned by Andy Foo, aged 40, an Australian citizen, who at the age of 4, migrated to Australia from Taiwan in the mid-1980's together with his parents under the first version of the Business Migration Program.
Over the time she frequented Taipei 101, Shirley became quite friendly with Andy. During a discussion with Andy, Shirley confided in Andy about the notice she got from SIT. Andy told her that was no big deal, as he could marry her and she would become a permanent resident. The only catch, said Andy, is that he would only do it if Shirley can pay him $100,000 for his efforts.

He said he had already helped another woman from mainland China with this same method and she was granted her Partner visa 6 years ago and this other woman has just been conferred Australian citizenship at Sydney Town Hall on Australia Day this year. “Do not look at it as a 'pay me to marry you' proposal.

What you are doing is to invest in the business, and you will be my wife and partner of Taipei 101 and I do need some investment funding for the business anyway as cash flow has been a bit sluggish lately', Andy assured Shirley. After giving the matter some thought for about 15 seconds, Shirley accepted Andy's proposal. 'My parents are loaded and I can easily afford it', she thought.

Question 1 LML6003
Would Andy be able to sponsor Shirley for a Partner visa given that he had done so with the “other woman” from mainland China 6 years ago?
Question 2 LML6003
Would Shirley and Andy be committing any offence and what are the penalties, if any, under migration law if they proceeded with the marriage under Andy's proposed formula?

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