LML6005 - Visa Compliance and Cancellation - Marcus Boone Case Study - Law Assignment Help

Assignment Task :

SCENARIO  (LML6005)

You are a registered migration agent. Marcus Boone from Ireland arrives at your office and appears very nervous. He informs you that he arrived in Australia on a Working Holiday (Subclass 417) visa and then applied for and was granted a second Working Holiday visa a few years ago. Since then, he has been able to secure employment and is now a permanent resident, having been granted a Subclass 186 Employer Nomination visa. He was granted his permanent residency six months ago and plans to sponsor his mother for a Parent visa in the future. 

One day while he was on Facebook and instant message came through from one of his friends he met in Australia when he first arrived on his Working Holiday (Subclass 417) visa. His friend asked him whether he has been contacted by the Department of Home Affairs recently. Marcus thought it was actually a scam did not reply. 

A few days later, a couple of his other travel friends contacted him and asked him the same thing. He decided to message one of them back, to which they told him that the Department of Home Affairs has been calling them to ask about their Regional work experience they undertook to be eligible for a second Working Holiday visa. At that time, only a work reference letter was required to demonstrate that it was completed. Marcus admits to you that he did not complete the actual work reference letter. However, he made a donation to a charity in regional Australia instead of completing a work reference letter. Therefore, in his view he was still contributing to regional Australia. 

Marcus googled what could happen and found a forum post on the internet which said that the Department of Home Affairs cannot cancel a visa you no longer hold. Therefore, Marcus felt secure as he no longer held the Working Holiday visa and therefore they could not cancel his current visa as he is now a permanent resident. Marcus was referred to you by one of your clients and wants to confirm whether his understanding is correct. 

QUESTION 

1. Can the Department of Home Affairs cancel Marcus’ current visa, an Employer Nomination (Subclass 186) visa? If so, what is the most likely cancellation power(s) under the Migration Act 1958 (Cth) that the Department of Home Affairs would rely on to consider the cancellation of Marcus’s visa, and why? 

2. In the event that Marcus receives the Notice of Intention to Consider Cancellation, what are the time limits that Marcus has to respond to the Notice of Intention to Consider Cancellation? Is it possible to obtain an extension of time to respond to the Notice of Intention to Consider Cancellation? 

3. What must a valid Notice of Intention to Consider Cancellation include?

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