Question 1

Neil is a UK national. On 1 July 2013, he was granted a subclass 187 Regional Sponsored

Migration Scheme visa in the Direct Entry stream to take up a teaching position in the Peace

Studies Department of Flowerchild College in Nimbin on the far north coast of NSW. Neil

arrived in Australia on 1 August 2013 and was supposed to start teaching classes on 1

September 2013.

Neil, however, only turned up to two of the lectures he was supposed to teach. The rest of

the time he spent attending demonstrations against various “fascists” and “bad vibes”, as he

termed them. Neil claimed that publicly standing up for “peace, love and vegetable rights”

was part of his duties as a Peace Studies lecturer. When the Dean of the Faculty, Dr

Balowski, pointed out that attending demonstrations was not included in Neil’s Statement of

Expectations, Neil called him a “negative vibe merchant”. He announced that he had

secured a new position at the University of Oodnadatta in northern South Australia, where

he had successfully negotiated a clause into his agreement allowing him to organise and

attend student demonstrations. Dr Balowski informs the Department that Neil has left his

employment.

• What cancellation power would be used to cancel Neil’s subclass 187 visa?

• What procedures must the Department go through before making a decision?

• What factors are relevant in exercising the discretion to cancel or not to cancel

Neil’s visa?

Refer to, and cite, the relevant law and policy in support of your answer.

(500 words)

Question 2

Elena Zhirinovska is an Estonian national currently in Australia on a subclass 417 Working

Holiday visa, which expires on 31 December 2014. She has applied for a subclass 457

Temporary Work (Skilled) visa based on her employment as a chef in an Estonian restaurant

in Canberra. The restaurant’s application for recognition as a Standard Business Sponsor

was approved on 1 September 2014, and the position of chef was accepted as an approved

nomination on 8 September.

However, Elena’s subclass 457 visa application was refused last week. She brings you the

decision record for your perusal. You discover the following:

1. DIAC found that Elena was not qualified as a chef, only as a kitchen hand. They

based this finding on the translation of a certificate from the Tallinn Hospitality Trades

College.