You are a registered migration agent. You receive a call from a former client, Ericka, a citizen of the Republic of Korea (South Korea), who you remember fondly, as you bonded over your mutual love of Korean K-Pop series "Katseye" whilst you assisted her with her Temporary Skills Shortage Class GK (Subclass 482) visa. Ericka applied for her Temporary Skills Shortage Class GK (Subclass 482) visa from South Korea and so she was able to view the "Katseye" episodes before they were available in Australia and was always happy to give you an early insight. You also remember how quickly the visa application was processed as you applied for it as soon as it was introduced. At the time, Ericka was eligible as the work experience requirement had been reduced to only one year's work experience. Ericka had been working for her employer for one year and initially found it very easy to settle into the workplace as her colleagues were very kind and in particular, her direct manager. She read up on Australian culture before she arrived and thought she understood Australian customs. Ericka stayed in a hotel when she arrived and found it difficult to find a place to rent given the competitive rental market. When her direct manager found out about this, he suggested that she move in with him and his wife until she found something. Many of Ericka's other colleagues warned her against this, as his wife was known to be quite jealous and temperamental as was seen at many work Christmas parties over the years. However, Ericka thought it would be okay as she thought that her manager's wife would understand that they are only work colleagues. Ericka moved into her manager's home, and her manager and his wife made her feel at home. They would regularly buy her gifts and ensured that she had dinner with them every evening. The manager's wife was very kind at the start but Ericka noticed that whenever she worked late with her manager, his wife would be in a bad mood when they got home. Ericka once tried to make her a cup of tea to explain why they were late, and she threw the hot tea in her face. Ericka tried to ensure she returned home early to avoid this, but in hindsight she realises now that her manager may have given her tasks on purpose to ensure that she would stayed back late at work. When they got home, the wife would take her anger out on Ericka and her manager would then look like the hero when he resolved it. Ericka desperately wanted to move out but had nowhere to go and money was running short as she had not realised how expensive living expenses were in Australia. Things got increasingly worse when Ericka and her manager's wife were in the house alone. She would make racist remarks to Ericka and tell her that she was "ugly" and that her husband would never go for her. Ericka explained she was not interested in her husband but she would reply "that's what they all say." When Ericka's manager was home, his wife would be kind to her. Ericka just put it down to not quite fully understanding Australian customs. 3 One day when Ericka was in her room watching TV, she heard a big thud. She ran out of her room to find that the manager's wife had fallen down the stairs and injured herself badly. Ericka quickly called an ambulance and tried to help her, but she said, "how could you push me". Ericka was confused and thought she misunderstood her. Ericka's manager came home just at that moment and was in shock. His wife screamed "look what she did" and her manager slapped Ericka across the face. Ericka did not understand what had just happened. The police took her to the police station and she was charged with assault and robbery. Ericka did not fully understand what this meant. The police said that her manager had video footage of Ericka pushing his wife down the stairs and also of Ericka stealing his wife's jewellery. Ericka was so confused as she had not done any of this but thought that they could use AI to make footage and that no one would believe her over Australian citizens. Ericka felt scared and vulnerable, particularly as she felt her job was on the line too, so she accepted what happened and remembers leaving the police station and finding a hotel to stay in. She informs you that she was officially charged with robbery and physical assault and that she will face six and seven months imprisonment respectively for each of these charges if she is found guilty. Ericka informs you that she is innocent but she does not have anyone to support her. She feels like her manager knows his wife may not be telling the truth as he is very kind to her at work and sometimes says sorry to her. When her employer found out what happened, she is called into his office and told that she was still employed and that what had happened was a private matter. Her employer does mention that they were considering giving her a promotion for her outstanding work but it was best to let this matter blow over first. He did say that he would be happy to be a character reference if she needed it. When she was walking out of the office, he said that she should have noticed the warning signs and that what had happened was not surprising. Ericka is embarrassed more than anything else and although she volunteers at community events and her local church, she is too embarrassed to tell anyone there as she is worried she would be shunned by the community. Ericka has never been in trouble before and is not familiar with Australia's legal system. Ericka has no family in Australia. She was hoping to sponsor her parents to come to Australia once she received her permanent residence. Ericka is also very worried about her visa and whether anything would happen to it as a result of these allegations. You inform Ericka that you will look into this and will call her back. You also advise her to find a criminal lawyer as soon as possible to assist her at the upcoming hearing. 4 QUESTIONS (a) Ericka is charged and convicted of both offences, what is the most likely cancellation power that may be used to cancel her visa whilst she is in prison and why? (b) What steps can Ericka take in response to the visa cancellation? You are required to provide practical advice. (c) Prepare a submission on behalf of Ericka. (d) If Ericka's visa is cancelled, can she apply for a Skills in Demand Class GK (Subclass 482) visa to remain in Australia with the support of her employer? (e) Does the Minister have any personal powers that could be used in Ericka's circumstances and if so, how does it operate? Your answers should be supported by reference to the specific legislative provisions.