Migration Law | Non-Cancellation of Visa

MIGRATION LAW

Table of Contents
Part I...........................................................................................................................................4
Part II..........................................................................................................................................7
Part III........................................................................................................................................8
References................................................................................................................................13

Part I
To,
The Minister
Immigration Department
Australia
Sub: addressing reasons which should be considered for non-cancellation of visa application
of Wei and Phey.
Respected Sir,
I have provided present submission to you in order to highlight the reasons relating to non-
cancellation of via application of Wei and Phey. As, a letter has been received by them from
Department of Affairs indicating that visa application of Wei has been cancelled on the basis
of character grounds under section 501 of Migration Act 1958. The applications relating to
visa cancellation or refusal as per section 501 are reviewed centrally by Visa Application
Character Consideration Unit1. It has been specified in section 501 (7) specifies that character
test is applied to reverse the onus of proof and believes that visa holder is not having good
character. Moreover an individual is considered having substantial criminal record in case
they fulfil any of condition specified in section 501 (6) (a) as follows:
 has been sentenced to death
 Punished for imprisonment for whole life.
 Imprisoned for 12 months or more2
 Acquitted for offense on the basis of unsoundness of mind or insanity.
1 Administrative Decision-Making in Australian Migration Law. (8th February 2020).
Australian National University.< http://press-files.anu.edu.au/>
2 Refusal or cancellation of visa on character grounds. Migration Act 1958 – Sect 501. 25th
Feburary 2019. Commomwealth Consolidation Acts. <
http://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html>

 Any other specified reason.
In present case Wei’s visa application has been cancelled on the ground that he had been
imprisoned for 2 years in past. Further, as Phey is his wife and having association with
person having substantial criminal record, her visa application has been cancelled as per
assertions of section 140 (1) of Migration Act. But the fact required to be considered is
that Phey did not know about above stated fact. Further, in accordance with assertions of
section 501 C Migration Act 1958, if Minister applies his personal power in order to
cancel any visa application, he is required to provide application to affected person as
well as invite to make adequate representation to be provided relating to revocation of
cancellation. The causes to be considered for non-cancellation are as follows:
 Wei was imprisoned for two years but released before six months of completion
of punishment due to his good behaviour. Further, after that incident he also
implemented procedure in his company to assure that no such conduct occurs
again and has grown successful business in legal manner.
 The grand children of Wei and Phey i.e. Lily have been diagnosed due to severe
Autism. Lily is having close relation with both of them and requires special
concern due to illness.
 Wei and Phey has been looking after Lily each time whenever possible through
Visitor (Subclass 600) visa. As the condition is critical now, they cannot continue
visiting in same manner.
 As no other option is available with Wei and Phey accept except requesting for
revocation of cancellation of visa. Moreover, no conviction has occurred by after
the specified incident of imprisonment.
 Wei is operating a successful business, in case it extends its operation in Australia,
it would be beneficial for economy as well. Further, Wei and Phey will not only
take care of their grand children Lily but will also be able to provide financial
support to them.
It is a genuine request to minister that above discussed reasons should be considered prior
to cancellation of visa application of Wei as well as Phey. Further, the reason behind
cancellation of visa of Phey is that having relation with a person having substantial
criminal record. Moreover she is not having any criminal record or any other grounds on
the basis of which her application could be cancelled.