Migration Law

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

1MIGRATION LAW
Question 1: Memo
To: Ministry of Home Affairs
From: Registered Migration Agent
Subject: Submission against the cancellation of Chatura and Asheni's
Contributory Parent (Subclass 864) Visa application
It is to inform the Ministry of Home Affairs that Chatura and Asheni
are citizens of Sri Lanka who are visiting Australia presently under a
visitor’s visa and has placed an application for the Contributory Parents
Subclass 864 Visa on shore. The Ministry have informed the applicant’s
that their application for contributory parent subclass 684 visa would be
cancelled on the grounds of character issues of Chatura and subsequent
cancellation of the application for Asheni as well for being Chatura’s wife.
The Ministry has justified its action on the basis of a past criminal record
of Chatura where he was imprisoned for 11 months for causing a serious
injury to his girlfriend at the age of 18 years. It was Chatura who helped
the ministry with this information himself and did not choose to hide his
past from the Australian government as it was an incident of his teenage
years and he was provided with psychiatric report regarding his mental
state by the psychiatrists in Sri Lanka, when he had committed the crime.
The psychiatric report states that Chatura’s action was out of character as
he was not a person who would hurt someone so seriously in cold blood.
The psychiatrist put forward it in in his report that he was confident of
Chatura of not repeating the mistake again. Report of the psychiatrist was

2MIGRATION LAW
accepted by the presiding judge as expert evidence. Chatura was also
made to attend an anger management course for a period of 6 months
even though it was not a condition for his released from the prison. In this
context it is informed to the Ministry that Chatura can be trusted for not
repeating any such serious offence as it was an incident of his teenage
years. It had occurred at the heat of the moment when he found out that
his girlfriend was cheating on him with his own best friend. Such
devastating news of betrayal can invoke anger and madness in any
person’s heart and mind in the state of intoxication. It is requested to the
ministry to take note that if Chatura had wanted to hide the fact about his
past criminal record, he could have easily done it without disclosing it to
the Ministry by manipulating and tampering the police clearance
certificate from Sri Lanka. However he chose not to do any such immoral
activity and let the Australian government aware of his past record.
On a different note, Chatura and Asheni has been sponsored by
their only child Dinesh who is a citizen of Australia and it is he who have
sponsored the contributory parent visa what is parents as he needs them
to be with him in Australia. Dinesh's only son who is only 4 years old
experiences multiple seizures throughout the day and night for being
choked by the umbilical cord while he was being delivered. Therefore such
a medical condition requires constant observation as the seizure could be
fatal for the infant. Dinesh being a research fellow in the Melbourne
University has a long working hour and therefore unable to take care of
his son alone. Having a small social circle Dinesh does not have any e
friend or other relative in Australia to take care of his son in his absence.

3MIGRATION LAW
In addition he is incapable of affording private caregiver due to his low
income. He had tried to obtain help from different levels of many
government authorities, which went in vain for he was never successful.
His parents, Chatura and Asheni have been supporting Dinesh financially
due to his low income.
Therefore it can be projected that the presence of Chatura and
Asheni is indispensable in Australia and so it is requested to the Ministry
to consider all the above stated facts to ensure the acceptance of the
application for contributory agent parent subclass 864 visas, along with
refraining from cancelling their visitor visa. It is needless to say that their
presence is of utmost importance to Dinesh and his 4 year old infant who
is fighting with death every single day at such a young age. It is requested
to the ministry not to cancel their application for contributory aged
parents subclass 864 visa under section 501 of the Migration Act, for the
applicants do not meet the cancellation criteria, for there is no reasonable
suspicion regarding the applicants' failing the character test when they
have got the police clearance certificate from Sri Lanka1.
To make the submission more justifiable, the applicants insists on
submitting their Grandchild's medical reports stating his medical condition
and the need to be observed and monitored day and night. In addition the
applicants would also put forward their bank statement pertaining to their
financial assistance towards Dinesh who requires monetary help to run
the household as well as their assistance for his son.
1 Humanrights.gov.au, "2 When Can A Visa Be Refused Or Cancelled Under Section 501? | Australian Human
Rights Commission", Humanrights.Gov.Au (Webpage, 2019)
<https://www.humanrights.gov.au/publications/background-paper-human-rights-issues-raised-visa-refusal-or-
cancellation-under-sectio-1>.