Assignment Task :
SCENARIO (LML6005)
Wei Ting is a successful businessman and a citizen of China. Wei has had a successful career spanning over 40 years in China running an import/export business. Wei is married to Phey, who is also a Chinese citizen. Wei has two sons, Peter, who is a permanent resident of Australia and Mark who is a citizen of Australia, having both been sponsored by their respective spouses on Partner visas. Wei’s sons have married two sisters and the bond between the families is very strong, in that, Wei’s 4 grandchildren are more like sisters and brothers rather than cousins. One of their grandchildren, Lily, aged 4 and Mark’s child, has been diagnosed with severe Autism. Lily is especially close to Wei and Phey and whenever possible they have been flying to Australia to look after her, each time on Visitor (Subclass 600) visas. Wei has decided its time he expanded his business and both Wei and They have decided that they would now like to apply for a Business Skills (Subclass 188) visa in the Business Investor Stream so Wei can open a branch in Australia and They can help look after their grandchildren. Two months after the application was lodged, Wei and They were asked to undergo health and character checks. Wei’s police clearance showed that he had a criminal record. This information was submitted to the Department of Home Affairs. They were shocked that Wei had a conviction for corruption and was sentenced to 2 years jail but was released after 11⁄2 years because of good behavior. He informed Phey this happened before they met and that it was common practice back then to bribe custom officers to allow some of his jobs to be able to pass through customs. However, since that time Wei has implemented processes in his company to ensure that this did not occur again and has grown a very successful business. Wei is concerned as he has just received a Notice of Intention to Consider Refusal of their visa application under section 501. Wei and They have come to see you and asked for your assistance with preparing a submission to the Department of Home Affairs. They advise you that besides this conviction, Wei has not had any convictions since this incident. Wei has established various charitable foundations in China for children with Autism and also regularly sponsors charities that support children with Autism in Australia.
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You are required to:
1. Prepare a concise submission to the Minister for Immigration addressing the reasons why Wei and Phey’s visa application should not be refused under s.501.
2. Advise Wei and Phey about their visa options, if any, in the event the application is refused?
3. Wei and Phey are extremely concerned and ask you about the probability of success of your response to the Minister for Immigration in relation to the potential s.501 refusal. What are your obligations under the Code of Conduct in this regard and how would you address that requirement?
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