Ramos was in Australia on a Temporary Skill Shortage Class GK (subclass 482) visa, which was valid
Question:
Ramos was in Australia on a Temporary Skill Shortage Class GK (subclass 482) visa, which was valid for four years. He was sponsored by his employer, Double Chin Pty Ltd, to work as a chef in their top-class restaurant. Ramos had been working for his employer for two years on the Temporary Skill Shortage Class GK (subclass 482) visa. Ramos' long hours in the restaurant made him privy to many passing conversations. He also saw many documents lying around and witnessed incidents between customers and also internally between staff members. He also worked out that when his boss got nervous or stressed about something, he would order more meals from the kitchen. One day, Australian Border Force officers came to the restaurant, requesting documents. They also requested to interview all staff. Ramos and his colleagues were uncertain as to what the issue was, but soon after this, his boss was constantly leaving early to go to visit his lawyers. Ramos spoke to his de facto partner, Khloe, an Australian citizen, about what was happening at work, and they decided to take the safe course of action and lodge a Partner Class UK/BS (subclass 820/801) visa application for Ramos immediately. Three months after Ramos' partner visa application had been lodged, his boss called him in to a meeting and advised him that Double Chin Pty Ltd's sponsorship approval had been cancelled under section 140M and the business was barred from sponsoring any workers for two years. Ramos remained calm but he was really concerned about what this would mean for his Temporary Skill Shortage Class GK (subclass 482) visa and, most importantly, his employment. Ramos and Khloe were planning their wedding and had just bought a house, so he could not afford to lose his job. His boss assured him that his role was secure. Two weeks later, Ramos received a Notice of Intention to Consider Cancellation of his Temporary Skill Shortage Class GK (subclass 482) visa because his sponsor's approval had been cancelled. He responded to the notice, but unfortunately a decision was made to cancel his visa. The stress of the visa cancellation put a strain on his relationship, to the point that Khloe called off the engagement and left him for good. Ramos subsequently withdrew the pending Partner Class UK/BS (subclass 820/801) visa application over a month ago and applied to the Administrative Appeals Tribunal for review of the cancellation decision.
QUESTIONS
1. Which bridging visa would Ramos currently be eligible for and why?
2. What is the most likely cancellation power that would have been used to cancel Ramos's visa and why? Can discretionary factors be considered in relation to a cancellation under this power? If yes, explain the factors.
3. Assume instead that Ramos changed his mind and departed Australia six weeks after his visa cancellation without first regularising his status. Any exclusion periods apply in this situation? If yes, explain the advice that you would provide Ramos about the effect of the exclusion period.
Taxation Of Individuals And Business Entities 2015
ISBN: 9780077862367
6th Edition
Authors: Brian Spilker, Benjamin Ayers, John Robinson, Edmund Outslay, Ronald Worsham, John Barrick, Connie Weaver