Billy Elliott is a New Zealand citizen who arrived in Australia on 26 February 2001 on a Special Category (subclass 444) visa when he was then aged 21. Billy found work in a Tasmanian gold mine and settled into the tiny mining community.
Billy, now aged 36, easily became accustomed to the Australian way of life; in particular its beers. Billy never got married as most of the girls in his small Tasmanian community had moved to the mainland in search of work and a better lifestyle with the result that the number of eligible females had dwindled to just a handful.
Two weeks ago after a hard day’s work in the mines, Billy and a few workmates adjourned to a local pub for a few beers. As it also happened to be Billy’s 36th birthday, the party had gone on until all hours of the night. When they were finally kicked out of the pub, Billy was totally inebriated. Nevertheless, he slid into his Toyota Kruger and started to drive home. On the way, Billy came across four teenagers who were walking home from a party and, in his drunken state, Billy inadvertently ploughed his 4-wheel drive into the group; killing three and seriously injuring the fourth.
Billy was placed in the police watchhouse and charged with dangerous driving causing death and driving under the influence. As fate would have it, misfortune never strikes once. At about the same time, Billy’s neighbour, Sally Fields reported to police that Billy has been molesting her 13-year old daughter Emily.
At the trial, it transpired that Billy had been molesting Emily since Christmas of 2010 when Emily was aged only 7. Despite his claim that he was ‘in love’ with Emily and would marry her when she was old enough, the judge was not impressed, and found him guilty of both the driving offence and child sex offence. He was sentenced to 5 years imprisonment.
Billy has also been told by his workmates that it is highly likely that he will be deported and he is very worried about this prospect. Billy has now come to you for advice regarding the likelihood of this happening and what he can do to prevent it.
(1) Can Billy be deported, considering he has been living in Australia now for more than 15 years? Write a letter of advice to Billy explaining the legislation and requirements in sections 201 and 501 that relate to his circumstances and what his options would be if his sentence was to cause the Minister to consider cancelling his visa and deporting him.
(2) Discuss, with reference to the relevant legislation, on what grounds the Minister may make a personal decision to cancel Billy’s visa under sections 501, 501A and 501B of the Migration Act 1958 or set aside an original decision made by the delegate or the Tribunal. If Billy’s visa was cancelled by the Minister personally, are there any avenues of review that he can pursue? (40 marks) (2000 words)
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