Jack Harkness | Online Assignment Help

Jack Harkness is a UK citizen who holds a subclass 457 as an employee of an Australian company, Torchwood Ltd. Jack is in a de facto relationship with Gwen, who also holds a subclass 457 visa as a secondary applicant. Their visas have an expiry date of 30 June 2018. The couple entered Australia on 1 September 2014 and their first child, Owen, was born in Australia on 1 May 2016.
DIBP started investigating Jack’s background after an anonymous dob-in accuses him of omitting significant information from his application, including criminal charges in the UK and convictions in several European countries. DIBP served a NOICC under s.109 of the Act on 1 April 2016, and having received a less than satisfactory response from him, cancelled his visa on 1 June 2016. Gwen’s visa is cancelled under s.140(1) on the same date.
Jack applies for review of the cancellation to the AAT within time limits.
(a) One of Jack’s arguments at the AAT is that Owen is not an “alien” for the purposes of the Act, having been born in Australia as a subject of the Queen. Owen has not been registered as a UK citizen, although it would be simple for him to be so registered. Does Jack’s argument have any merit? (10 marks, 800 words)
Assume that the AAT affirms the cancellation. Within a month, Jack leaves Gwen and marries another Australian citizen, Rose (thereby getting around the s.48 bar). DIBP refuses this application and points to a provision of the PAMs which states that “no marriage entered into less than one month after the parties have first met shall be regarded as meeting the requirements of s.5CB of the Act and Regulation 1.15A of the Regulations”.
(b) Is this policy valid? If Jack’s application is refused solely on the basis of applying this policy, what prospects does he have for review? (10 marks, 800 words)
(a) What are the most frequently-claimed justifications by governments for the outsourcing of government functions? (5 marks, 400 words)
(b) Given the decision in S v Secretary, Department of Immigration and Multicultural Affairs and comments of the High Court in M68/2015 v MIBP, do you think that outsourcing of immigration detention functions has achieved any of these objectives? (5 marks, 400 words)
Given that there is no right to merits review in the Constitution, why do you think that merits review of administrative decisions is now almost universal in Australia? What objectives do you think successive governments have hoped to achieve by providing for access to merits review of immigration decisions particularly? Do you think any of these objectives have been achieved? (10 marks, 800 words)

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