Practice File: Task 3 – Letter of Advice

Word limit/Length: 1000 words
This is part of Assessment Task 3 and is an assessable task. Assessment Task 3 comprises Practice File Task 3 and Practice File Task 4. Please be very careful to submit the correct document. Once you submit a document you will be able to access Practice File Task 4, and cannot then re-submit Practice File Task 3.

When she telephoned the Legal Service last week, Barbara complained that she had no warning at all that her visa might be cancelled. She couldn’t understand how this could happen. She has lived lawfully in Australia since she was a child. She grew up here. She has no close family members in New Zealand, and would have no job to go to and nowhere to live. Barbara has an Australian citizen partner and they have two children together, Sarah, aged 14 and Henry, aged 11. She explained that fer children were visiting her once a fortnight, but have only been able to talk to her over Skype for the last few months.
Your task
Write a Letter of Advice to Barbara answering the following questions:

1. Why was the department able to cancel her visa? 2. Was the department required to provide her with prior warning that cancellation of her visa was being considered? 3. What is Barbara’s immigration status now,

Barbara Stephenson sought advice by telephone last week and the Legal Service has decided to take her on as a client. She has signed a Client Agreement.
Barbara is a 42 year old New Zealand citizen. She came to Australia with her family in 1989 when she was aged 11 and was granted a subclass 444 Special Category visa upon arrival. She has not left Australia since. Last year, Barbara pleaded guilty to charges of robbery and theft. The District Court judge convicted her and sentenced her to 12 months imprisonment.
Barbara will complete her sentence of imprisonment in two weeks’ time. However, on 30 April 2020 she was handed a Notice advising her that her visa has been cancelled under s 501(3A) of the Migration Act 1958. The Compliance officers who gave her the Notice told her that she will be transferred to Villawood Immigration Detention Centre at the end of her sentence and that she can be removed from Australia and sent back to New Zealand

3. What is Barbara’s immigration status now, and can the department send her back to New Zealand? 4. Barbara has an opportunity to make representations about revoking the decision to cancel her visa. What does that mean and when must the response be made by? 5. How can Barbara be released from immigration detention? 6. Barbara’s partner is willing to sponsor her for a Partner visa. If Barbara is removed from Australia, will the removal impact on whether she could be granted a Partner visa to return to Australia?
   Guidance on writing Letters of Advice:
   When writing a Letter of Advice, approach it like any other legal problem that needs to be solved. Identify the relevant law and/or policy and apply it to the client’s situation. Explain this to the client in a way the client will understand. Don’t use jargon and don’t refer the client to legislative provisions. Using the template provided will help ensure that you set out your letter in a logical Submit