Today, you obtained your registration as a migration agent. Your employer, who runs a large migration agency, presents you with the following situation for your advice. In light of the fact that you are a newly registered migration agent, your employer requires you to ensure that your opinion is supported by specific reference to the relevant legislative enactments and case law.
Your employer is representing a client named Phillip Morris. He arrived in Australia recently on a Border visa as DIBP at Melbourne Airport was concerned about his character issues in light of previous convictions for various offences in
New Zealand as follows:
- 2011 - theft from shop; theft of a motor vehicle - all charges without conviction, adjourned on $1,000 good behaviour bond.
- 2012 - resist police or person assisting police - conviction - fined $1,750; criminal damage (intent damage/destroy) - conviction - one month imprisonment wholly suspended for 12 months - pay compensation $2,500.
- 2013 - aggravated burglary - conviction - 3 months imprisonment - recklessly cause serious injury - conviction - three months imprisonment concurrent sentence.
Phillip was considered a behaviour concern non-citizen and therefore ineligible for a sub-class 444 special category visa. He has just applied for a subclass 572 student visa as he wants to complete a Certificate IV in Plumbing at Chisholm Institute in which he is currently enrolled. Phillip is 24 years old, a citizen of New Zealand, currently holds a Bridging visa A as his substantive Border visa has expired and is living with his parents at 10 Mitchell Street, Maidstone, Victoria.
He is currently employed part time at McDonalds in Yarraville, Victoria. Phillip's parents Elliot and Mary Morris, are also New Zealand citizens and hold subclass 444 Special Category visas. Elliot operates his own plumbing business.
The plumbing business employs 4 Australian citizens. It is a successful business servicing some of the larger building companies in Victoria. He hopes to employ his son as an apprentice plumber.
Mary is wheelchair bound and suffers from Multiple Sclerosis. She has been very depressed and Phillip's presence in Australia has alleviated the depression as she is able to 'keep an eye on him'.
Phillip has no living relatives other than his parents. Phillip has a troubled past and has several convictions as detailed above. He was essentially, mixing with the wrong crowd in New Zealand and got involved in various criminal activities. He is extremely remorseful about his conduct and appears to have reformed. He was experiencing anger issues and completed an anger management course in New Zealand. He has also been treated by a clinical psychologist who believes that there is a very good chance of complete rehabilitation if he can continue his treatment and resides with his parents. Further, at the time of his offences, Phillip was very intoxicated. Phillip does not partake in the consumption of alcohol any longer.
Phillip is in a relationship with a fellow student from Chisholm Institute. She is an overseas student from Malaysia and, last week, it was discovered that she has been pregnant for two months.
In Phillip's recent application for a subclass 572 student visa, in answer to the question "Have you, or any member of your family unit included in this application, ever been convicted of a crime or offence in any country (including any conviction which is now removed from official records?", Phillip ticked 'Yes'.
In response to this recent application, Phillip has just received a letter from DIBP regarding their intention to consider refusing the TU572 Student visa on character grounds under sub-section 501(1) of the Migration Act 1958. Phillip's parents are determined to help him sort out his life and, if Phillip must return to New Zealand, they feel that they would have no alternative other than returning as well to support him. Further, they also have concerns about Phillip's unborn child.
Prepare your submission addressing the Notice of Intention to Refuse the Visa under s.501 of the Migration Act. What further information would you require to support the application?
In the event it was refused on character grounds, what options are available to Phillip and what are the time limits in relation to exercising the various options. (Word limit - 2000 words)