Nick is currently the holder of a Class GK Subclass 482 Temporary Skill Shortage (' GK 482'
Question:
Nick is currently the holder of a Class GK Subclass 482 Temporary Skill Shortage ('GK 482') visa which is due to expire in 1 year. Nick has come to you after lodging a Class BX, Subclass 858 Global Talent ('BX 858') visa in July 2023.
Nick received formal correspondence (dated 16 October 2023) from a delegate of the Department of Home Affairs and has retained you to respond. The correspondence advised Nick that they have reason to believe the academic transcript provided with his BX 858 application was altered. Nick completed a Master of Business Administration from Harvard Business School.
Nick advised you that he altered the academic transcript as he thought the Department of Home Affairs would be more impressed by high distinction grades (in reality, he just passed each unit). This academic transcript was not provided with the GK 482 visa application nor with the Expression of Interest for the BX 858 visa.
Nick has been working for a Digitech company in Australia over the last three years and has brought in profits of $10,000,000 during that time. In recent months, Nick has pioneered a program in coordination with the Australian Government to create intelligence software that aims predict severe weather events with certainty in Australia. Nick is internationally recognised by many reputable individuals/organisations in Australia and overseas.
Please advise Nick of the following in a formal letter of advice:
a) Is Nick's BX 858 visa at risk of refusal in accordance with Public Interest Criteria 4020? If so, why?
b) What should the natural justice letter from the Department of Home Affairs contain in accordance with the law?
c) Set out the submissions you would make to the Department of Home Affairs, on why Nick may be able to satisfy subclause 858.227, having regard only to Public Interest Criteria 4020.
d) Advise Nick in relation to the Public Interest Criteria 4020 and the ongoing BX 858 visa application, including any potential ramifications Nick could face in the future arising from any refusal based of a failure to satisfy Public Interest Criteria 4020.
Expert Answer:
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