Question 1 – Easton

Easton has resided in Brisbane, Australia since he was 3 years of age (Easton was born on 25 April 1996 in the Republic of Rwanda) and entered Australia under the auspice of a Class XB, Subclass 200 Refugee visa (Easton currently holds this visa and has not travelled outside of Australia since his arrival). On Easton’s 18^th birthday (April 2014), he held a large gathering at his family home. Unfortunately, this party got very out of hand and Easton had an altercation with his best-friend (George). Unfortunately, George’s face was injured from the fight and the police were called.

Easton was subsequently charged with common assault (section 335 of the Criminal Code 1899 (Qld)). Easton pleaded guilty to this offence and was given a sentence of 13 months imprisonment (Eason only served 3 months before being released on Parole). Easton was not contacted by the Department of Home Affairs in relation to this incident.

Apart from the incident above, Easton really enjoyed schooling and was able to get into a Bachelor of Nursing at the Australian Catholic University. Whilst he was studying, he was able to secure employment at the local nursing home. Easton also married an Australian citizen (Veronica) and has a one-year-old child named Eve.

Easton’s daughter (Eve) has cerebral palsy and requires a lot of medical attention and expenses. They have found that Traditional Chinese Medicine helps Eve, however, this is not on the Medicare schedule. Easton found himself unable to cover the additional medical expenses required to ensure his daughter has the best quality of life. Easton has advised that his family fled the Republic of Rwanda in 1999 during the Second Congo War. Easton does have a lot of family who have returned to Rwanda since the war – he often communicates with them.

In November 2021, Easton noticed that one of the patients at the nursing home was well-off and had very expensive goods in her room. Over the period of a week, Easton had taken goods to the value of $15,000. It was not long before the nursing home found out and the police became involved. On 28 November 2021, Easton was formally charged with stealing (section 339 of the Criminal Code 1899 (Qld)). Following a very lengthy trial, Easton was given a sentence of 7 months imprisonment, to be suspended after serving 2 months. Easton is currently incarcerated serving his sentence and will be released on 27 November 2022.

Veronica has engaged you to provide a formal letter of advice on the following:

1. Whether Easton is liable for visa cancellation under section 501(3A) of the Migration Act 1958 (Cth)?
2. If Easton’s visa is cancelled, what is the process in accordance with the relevant legislation and case law? For example, what should the notification from the

Department of Home Affairs contain and what does Easton need to do to ensure he has made representation?

• If Easton’s visa is cancelled, what does the Delegate take into account when considering any revocation? Please refer to the facts and relate them to the relevant law/parts in Ministerial Direction No.90.

Please ensure your answer includes all relevant law (use footnotes as set out in the AGLC) and you have detailed how you reached your conclusion. Please use subheadings throughout.

Ethical business context Assignment

(20 marks – 1000 words)

Question 2 – Ben

Ben is currently the holder of a Class EB, Subclass 188 Business Innovation and Investment (Provisional) (‘EB 188’) visa which is due to expire in 1 year. Ben has come to you after lodging a Class EC, Subclass 888 Business Innovation and Investment (Permanent) (‘EC 888’) in August 2022.

Ben received formal correspondence (dated 10 October 2022) from a delegate of the Department of Home Affairs advising him that they have reason to believe the Australian Federal Police Clearance provided with the new EC 888 visa application is not genuine and referred specifically to Ben’s ability to meet Public Interest Criteria 4020. The natural justice letter provides Ben with an opportunity to comment on the adverse information. The Australian Federal Police Clearance in question was not provided with the EB 188 visa.

Ben has advised that the Australian Federal Police Clearance is not genuine and he panicked when it was requested. Ben has advised that he has a recent conviction of Procuring engagement in prostitution (section 229G of the Criminal Code 1899 (Qld)). Ben engaged criminal lawyers and they were able to reach a penalty of a large fine and no conviction recorded (despite this, this charge will appear on the Australian Federal Police Clearance). Ben is very embarrassed about the charge and does not want his wife (Mel) to know about the charge (which is why he did not want to tell the Department of Home Affairs, as he feared she would see the paperwork).

Ben owns a large cattle farm in Queensland which is currently worth over $20,000,000 (the stock provides a lot of produce for greater Australia). When Ben originally purchased the farm, it was worth $3,000,000 and he has been able to use his high-level management experience to make the farm very profitable.

Please advise Ben of the following in a formal letter of advice:

• Is Ben’s EC 888 visa at risk of refusal in accordance with Public Interest Criteria 4020? If so, why?

• What should the natural justice letter contain from the Department of Home Affairs in accordance with the law?

• Set out the submissions you would make to the Department of Home Affairs, on why Ben may be able to satisfy subclause 888.215, having regard only to Public Interest Criteria 4020.

• Advise Ben in relation to Public Interest Criteria 4020 and the ongoing EC 888 visa application, including the potential ramifications Ben could face in the future arising from any refusal because of a failure to satisfy Public Interest Criteria 4020.

Please ensure your answer includes all relevant law (use footnotes as set out in the AGLC) and you have detailed how you reached your conclusion. Please use subheadings throughout.

Ethical business context Assignment

(20 marks – 1000 words).

Important information: you need to demonstrate a clear understanding of applying the facts to the relevant law throughout. At all times, you should have reference to the relevant law and follow the reference guidelines – please use footnotes.

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