Why he is in immigration detention

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Reference no: EM133877013

Assignment:

You are a registered migration agent and your first client for today is calling from immigration detention. Henry only has a limited amount of time to talk to you and he informs you that he was your previous client.

Henry informs you that he is unsure why he has been placed in immigration detention and is rather distressed. He informs you that he was pulled over for speeding through a red light as he was running very late for work. He informs you that the police issued him with a traffic infringement notice and also said they needed to check his visa status. The next thing he knew was that Australian Border Force officials arrived and he was escorted directly to immigration detention this morning.

You check his file and notice that the last piece of advice you provided him was a couple of years ago. You advised him at the time that he was possibly eligible for the then Temporary Skill Shortage Class GK (subclass 482) visa. When you ask him about what happened after he saw you, he informs you that everything was fine, that his employer sponsored him for the visa and they used their own migration agents, and that he lodged the visa and it was granted approximately two years ago. He goes on to tell you that he received a letter from the Department of Home Affairs and so he checked VEVO which confirmed that he was holding a Temporary Skill Shortage Class GK (subclass 482) visa.

You ask him what the letter was about, and he said he was too busy to read it and that as VEVO stated he had a visa he was not worried nor was his employer. He also mentions that he does not have a copy of the letter. You ask him whether anything has happened since he was granted the visa or whether he had applied for any other visas. He said that he had not applied for any other visas and that not much has changed other than him changing employers approximately three months after he was granted the Temporary Skill Shortage Class GK (subclass 482) visa as another business urgently required more employees in regional Victoria, specifically in Castlemaine (postcode 3450) and they paid better for doing the same job. He mentions that he is really enjoying his workplace and feels like he disappointed his boss by not going into work today when it is such a busy period. He is also due to be promoted in his current workplace as he is recognised as their best worker and team player in the workplace and with that came the opportunity to be sponsored by his current employer.

His employer has already conducted labour market testing for his position and they were just about to lodge the sponsorship and nomination application for the Skilled Employer Sponsored Regional (Provisional) Class PE (subclass 494) visa this week together with his visa application.

The application is ready, they just have not had time to submit it as it is a busy period. You ask him whether the Australian Border Force officers mentioned anything. He informs you that "he thinks he said that his visa was refused or cancelled ten days ago and that he has something like two days to apply for another visa." He recalls that he saw an email from the Department of Home Affairs a few days ago but thought it was spam so just deleted. He said he just needs your help to apply for another visa and to "just work this out" before he calls his employer.

QUESTIONS

1. Explain, based on the facts, why he is in immigration detention?

2. Can the decision he received ten days ago be reviewed at the Administrative Review Tribunal and why?

3. If the decision can be reviewed at the Administrative Review Tribunal, what are the time limits and can he get an extension of time to apply?

4. Who would be the review applicant?

5. What are the prospects if he lodges a Skilled Employer Sponsored Regional (Provisional) Class PE (subclass 494) visa application today, if you can organise with the employer to lodge the Sponsorship and Nomination first?

6. Would you recommend he seeks Ministerial Intervention now with the support of his employer and why?

Reference no: EM133877013

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