Reference no: EM131045558 , Length: word count:2000

QUESTION 1

Raymond Teo lives in Singapore with his wife, Yi Ling, and son, Oscar. He owns a toy manufacturing business which operates throughout Asia but is based in Singapore.

After finishing high school, Oscar was lucky enough to be granted a scholarship to come to Australia to study medicine at the University of New South Wales. In his second year of university, Oscar fell head over heels in love with Veronica, a first year finance student. It was love at first sight and within a year they were engaged. Veronica quickly fell pregnant after their wedding and gave birth to a little girl whom they named Charlotte. Raymond and Yi Ling visited Oscar every year, but their trips became more frequent after Charlotte was born.

Yi Ling grew to love Australia so much that she asked Oscar whether he would be willing to sponsor them on a contributory parent visa. Raymond had dreams of expanding his business in Australia, which would mean that he would need to spend more time here. Veronica was now heavily pregnant with her second child and Yi Ling suggested that she could help them to look after the children so that  Veronica could return to work earlier. Veronica had taken maternity leave from her high-powered job in a top accounting firm but they couldn't afford to put both children in childcare so that she could go back to work. Veronica and Oscar loved this idea and the application was lodged. Nine months after the application was lodged, Raymond and Yi Ling were asked to undergo health and character checks. Raymond's police clearance showed that he had a criminal record. Oscar was shocked as his father had never told him that he had been in jail! When Oscar confronted his father, Raymond explained that years earlier, before Oscar was born, he had been sent to jail for 12 months for bribery in Singapore. He assured Oscar that he had been framed and that the payments weren't bribery, but the police had not been willing to listen to his side of the story and his lawyer had advised him to plead guilty. Raymond had appealed the decision but he was unfortunately unsuccessful.

They submitted the police clearances and hoped for the best. Raymond was distraught when he received a notice of intention to consider refusal of their visa application under section 501.

Oscar has come to see you and asked for your assistance with preparing a submission to the Department. He provides you with character references and assures you that Raymond has not had any convictions since this incident. He tells you that Raymond donates some of the toys his company manufactures to charities that support orphans and disadvantaged children throughout Asia. Raymond intends to continue this support when he expands his business into Australia.

Prepare a submission to the Department of Immigration and Border Protection arguing that Raymond and Yi Ling's visa application should not be refused under section 501.