BLO5607 Visa Compliance Cancellation and Review

Scenario

You are a registered migration agent employed by Mornington Visas Pty Ltd which runs a migration agency in the Mornington Peninsula, Victoria.

Your employer has provided you with the following facts and requires your opinion about the prospects of success in relation to addressing the Notice of Intention to Consider Cancellation of visa. This opinion must be supported by specific reference to the relevant legislative enactments and case law.

John Smithers, aged 24 years, is a citizen of New Zealand and has been granted a Class TY Special Category (Temporary) sub class 444 visa. He has been in Australia for the last 10 years. For the last 5 years, John has been working as a motor mechanic with Toyota and is a highly regarded technician by his employers. He was awarded mechanic of the year by Toyota last year. Both his parents are extremely proud of his employment success but are very disappointed about his personal behaviour.

John has been socialising with the wrong crowd in night clubs in Melbourne city and became involved in various criminal activities. His previous convictions in Australia, as contained in his solicitor’s file notes are as follows:

• 2014 – Drunken behaviour, theft of a motor vehicle and driving without a licence - pleaded guilty to all charges - no conviction – matter adjourned -

$2,000 good behaviour bond.

• 2015 – Driving without a licence, failure to render assistance at the scene of an accident, driving carelessly, assault – pleaded guilty to all charges – conviction – 2 months imprisonment wholly suspended for 12 months – pay compensation of $2,500.

• 2017 – Burglary with a lethal weapon, namely, a Samurai sword – conviction - three month imprisonment – pay compensation of $3,000.

John‘s parents, Heather and Tom, both have significant health problems. Tom suffers from Parkinson’s disease and Heather has dementia. Both of them currently reside in Australia on Class TY Special Category (Temporary) sub class 444 visas. John has no other family members in Australia. He recently found out that his girlfriend, Hannah, who is presently on a Class TU Student Temporary sub class 500 visa, is 7 months pregnant.

John is very remorseful about his previous conduct and appears to have reformed in light of the fact that he is soon to be a father. He has been treated  by a doctor and a psychiatrist who both believe that with continued treatment and good influences from his family and girlfriend, John will be rehabilitated.