Reasons to Consider Before Refusal of Contributory Parent Visa Application

MIGRATION LAW
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Table of Contents
Question 1..................................................................................................................................3
Additional Evidence to be provided by Chatura and Asheni.................................................4
Question 2..................................................................................................................................5
Question 3..................................................................................................................................5
Bibliography...............................................................................................................................8
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Student No: Page 2

Question 1
To,
The Minister
Present submission has been brought to you to discuss the reasons which should be
considered before refusal of Contributory Parent visa application of Chatura and Asheni for
which letter has been received by them from the Department of Home Affairs. The letter
specifies the intention of refusing their visitor visa under section 501 (1) and (2) on character
grounds for Chatura and under section 140 (1) consequential cancellation for Asheni.
The provision specified in section 501 (1) of Migration Act 1958 asserts that the minister
might cancel the application of visa relating to an individual in case the person does not
satisfy the Minister that particular individual passes the character test. An individual fails the
character test in following scenarios:
 In case the individual have a substantial criminal record.
 The person has been convicted or runoff from immigration detention.
 The individual is having or had association with a person involved in criminal
conduct1.
 The person is subject to negative assessment by ASIO.
The most common case of failure of character test is having substantial criminal record. In
present case also as Chatura was imprisoned for eleven months when he was 18 years old for
causing serious injury to his girlfriend. Due to specified act, he does have a substantial
criminal record and appropriately failed in character test as per provision of section 501 (1) of
Migration Act 1958. Further, as her wife is having association with a person who has
substantial criminal record; her visa application has been also cancelled on the basis of
provision specified in section 140 (1) of the act.
However, Chatura had completed six month anger management course after the incident in
order to control his anger and not to repeat this kind of behaviour in future. Although, the
1 Visa cancellations under section 501 (character grounds). (13th March 2019).Legal Services
Commission of South Australia < https://lawhandbook.sa.gov.au/ch24s01s07s01.php>
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Student No: Page 3