Telephone Attendance on Sarah Cromwell - Law Assignment Help

Assignment Task

Summary of Instructions 
Citizen of the United Kingdom 
Arrived in Australia on 6 April 2017 on a Temporary Business Entry (Class UC) subclass 457  visa  
Worked in Mildura as a chef for her sponsoring employer for 8 weeks 
Left her employment after an argument with a customer 
Moved to Sydney and began working as a retail assistant 
Has not advised Dept of her changed circumstances 
Last week Sarah was offered a new job with Chefs on the Run but when they checked  VEVO they found out they could not employ her because she does not have a valid visa  allowing her to work 
Sarah did not know she no longer had a visa and has had no contact from DIBP since she  left Mildura 
ISSUES
Seeking advice about her immigration status and whether she can stay in Australia and take the  new job 
ANALYSIS 
With Sarah’s permission I checked VEVO while she was on the line and confirmed that her visa was  cancelled in December 2017. 
Sarah’s 457 visa was subject to Condition 81071- the holder must not: 
1. “cease to be employed by the employer in relation to which the visa was granted; or” 
2. “work in a position or occupation inconsistent with the position or occupation in relation to  which the visa was granted; or” 
3. “engage in work for another person or on the holder’s own account while undertaking the  employment in relation to which the visa was granted.”2 
Sarah breached this condition and her visa was most likely cancelled under s 116(1)(b) of the  Migration Act 1958.  
She is subject to s 48  
She can only make a valid application for one of the visas prescribed in reg 2.12.  ADVICE GIVEN 
Sarah would have been sent a notice to the last address known to the department warning her  that cancellation of her visa was under consideration (s 119), and the Notice of Cancellation would  also have been sent to her at that address (reg 2.55(3) of the Migration Regulations 1994).  
She is currently an unlawful non-citizen (ss13, 14 and 15) because her 457 visa ceased as soon as it  was cancelled (s 82(1)). The fact that she did not receive notification does not change this (s  127(3). Sarah is liable to detention (s 189) and removal (s 198) unless she can regularize her visa  status. 
She is subject to s 48 because: 

The only visa prescribed in reg 2.12 Sarah is likely to be eligible for is a Bridging visa E on the basis  that she is making acceptable arrangements to depart (Sch 2 Cl 050.212(2). I explained that it will  be up to dept whether she will be granted a BV, but it would be unlikely that it would not be  granted. This would then allow her to leave Australia as a lawful non-citizen. 
Sarah may be detained and questioned at the airport if she tries to leave as an unlawful non citizen. 
If Sarah wants to return to Australia in future she may be subject to an exclusion period,  depending on the type of visa she wants to apply for (4013,4014).  
Recommended that Sarah cease working and purchase a ticket home as soon as possible and we  make an appointment to go in to department’s Compliance Section to apply for a BVE.  
Sarah wants a few weeks to get her affairs in order and will contact me after she has purchased  her airline ticket. I warned her that if she is detected by dept during this time she may be in a  worse position than if she attends voluntarily, and may be detained (s 189). 

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