LML6005 - Visa Compliance and Cancellation - Law Assignment Help

Assignment Task

SCENARIO

Anna is a 32 year old citizen of Russia who has lived in Australia for one year on a Temporary Skill Shortage (subclass 482) visa. Her husband, Frank, is an Australian citizen. They live in Sydney in a small apartment that they purchased together soon after Anna arrived in Australia. Anna and Frank were so in love and all their friends and family would comment about how perfect they were for each other. Frank has a six-year-old son, Michael, from a previous relationship and Anna had quickly formed a strong bond with him.

One day, Anna’s work shift finished early and she came home to discover that Michael was at a friend’s house and Frank was having an affair with their next door neighbour, Juliette. Anna was shocked, she had never suspected anything! Anna flew into a rage and hurled a photo frame with a picture from their wedding across the room at Frank. Frank ducked, but not quickly enough. The corner of the photo frame struck Frank squarely on his temple and he fell to the floor, hitting his head in the process. Anna screamed because Frank was now lying lifeless on the floor. She panicked and called the ambulance, telling them that an intruder had broken in and attacked her husband. The ambulance came and took Frank to hospital, while the police took a statement from Anna about the “intrusion” that had taken place.

Two days later, Frank was alert enough to talk to the police, who wanted to hear Frank’s version of events and find out if he could remember any details that Anna had not noticed. Frank was surprised when the police started asking him about the intruder. “No, no, no!” he exclaimed. “There was no intruder. My wife attacked me!” The police officers looked at each other, wondering if Frank’s injuries had affected his memory. Frank said, “I am positive I am remembering it correctly. Our next door neighbour, Juliette, can confirm that it was Anna who caused my injuries.” The police officers left and, after Juliette had confirmed Frank’s version of events, charged Anna with assault, making a false statement to police and perverting the course of justice. The police officers also applied for an apprehended violence order on behalf of Frank and Michael.

QUESTION

You are required to prepare a submission to the Department in response to the Notice of intention to consider cancellation of the client's Temporary Skill Shortage (subclass 482) visa under section s501(2) of the Migration Act 1958.

You must refer to relevant legislative provisions including any Ministerial Directions and policy in support of your answer.

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