Selvana is a 29 year old citizen of Hungary who has lived in Australia for one year on a Temporary Skill Shortage Class GK (subclass 482) visa. Her husband, Frank, is 52 years old and an Australian citizen. Selvana decided against lodging a Partner visa when they got married as there were already rumours circulating in his family that she married Frank for his money and to get a visa. They live in Melbourne in an apartment that they purchased together soon after Selvana arrived in Australia. Frank has a six-year-old son, Perry, from a previous relationship and Selvana had quickly formed a strong bond with him. One day, Selvana's work shift finished early and she came home to discover that Frank was having an affair with their next door neighbour, Sarah. Selvana was shocked, she had never suspected anything! Selvana went into a rage and hurled a photo frame, with a picture from their wedding, across the room at Frank. Frank ducked, but not quickly enough. The corner of the photo frame struck Frank squarely on his temple and he fell to the floor, hitting his head in the process. Selvana screamed because Frank was now lying lifeless on the floor. She panicked and called for an ambulance, telling them that an intruder had broken in and attacked her husband. The ambulance came and took Frank to hospital, while the police took a statement from Selvana about the "attack" that had taken place. Two days later, Frank was alert enough to talk to the police, who wanted to hear Frank's version of events and find out if he could remember any details that Selvana had not mentioned. Frank was surprised when the police started asking him about the intruder. "No, no, no!" he exclaimed. "There was no intruder. My wife attacked me!" The police officers looked at each other, wondering if Frank's injuries had affected his memory. Frank said, "I am positive I am remembering it correctly. Our next door neighbour, Sarah, can confirm that it was Selvana who caused my injuries." The police officers left and, after Sarah had confirmed Frank's version of events, charged Selvana with assault, making a false statement to police and preventing the course of justice. The police officers also applied for an apprehended violence order on behalf of Frank and Perry. Frank's medical team were astounded at how quickly he recovered and how lucky he was to be alive. His body had healed completely, although he required regular counselling to deal with the traumatic events. Frank knew that Selvana would still be angry about his affair and was afraid about what would happen if their paths crossed again. Truth be told, he had been planning on leaving Selvana soon anyway. While Frank knew that Perry would be devastated if Selvana was no longer a part of their lives, Frank had to follow his heart and do what he thought to be best. Selvana was convicted of all three offences and was sentenced to a total of eleven months jail. She was released from prison last week and has sought your advice. She tells you that two months after arriving in Australia, she had been convicted of pushing an elderly woman at her local Aldi store. She explained that this was a misunderstanding and during the Special Buys days at Aldi it can get a bit rough. Due to the elderly woman's injuries, Selvana had been sentenced to three months jail, wholly suspended. It is clear to you that Selvana is extremely remorseful about these two incidents, and she is embarrassed to talk about the harm she has caused. Selvana has just received a Notice of Intention to Consider Cancellation her visa. She is in a panic because she has nothing and no one to go back to in Hungary. Her parents died suddenly three years ago, she is an only child, and she has never known her extended family. She had left her job in Hungary on bad terms and sold her house to fund her migration to Australia. Selvana tells you that her life is in Australia now, even though she has accepted that Frank will never consider reconciling. She is heartbroken that she has not had any contact with Perry since the incident and the thought of not being able to be a part of his life leaves her in tears. 3 Selvana assures you that these are the only two times that she has ever been violent towards anyone in her life. She explains that she was still struggling to come to terms with the death of her parents and she had experienced a significant culture shock when she moved to Australia that had affected her decision-making. However, she readily admits that this is not an excuse for her behaviour. While in prison, Selvana completed an anger management program and a respectful relationships course, and she has regularly been seeing a psychologist since arriving in Australia, including while she was in prison. She gives you her psychologist's contact details and tells you that he is more than happy to report to confirm that her mental health has improved significantly during her prison sentence and that he is confident that she presents no risk to the Australian community. She also gives you a letter from her employer, an Australian citizen, who held Selvana's job for her while she was in prison. In the letter, her employer explains that Selvana is extremely reliable and her business had struggled while Selvana was in prison, so she would be financially affected if Selvana was not allowed to remain in Australia. 

 

QUESTIONS 

 

1. What is the most likely cancellation power used to cancel Selvana's visa and why? 

 

2. Need a submission to the Department of Home Affairs in response to the Notice of intention to consider cancellation of the client's Temporary Skill Shortage Class GK (subclass 482) visa under the power identified. 

 

3. How many days does Selvana have to respond to the Notice of Intention to consider cancelling her Temporary Skill Shortage Class GK (subclass 482) visa and it is possible to obtain an extension of time to respond to the Notice? 

 

4. Minister have any personal powers which can be used in these circumstances, explain? 

 

5. Can Selvana apply for another Temporary Skills Shortage Class GK (Subclass 482) visa and why?

Answer rating: 100% (QA)

1 The most likely cancellation power used to cancel Selvanas visa is under Section 1161e of the Migration Act 1958 This section allows for the cancellation of a visa if the visa holder has not complie... View the full answer