Question:
Abdul Ahmad is a citizen of Malaysia. Abdul has been involved in the infrastructure business having owned a company for the past 40 years. This involves obtaining projects from the government of Malaysia as well as local government for road and other infrastructure. He has been highly successful in this business. Abdul is married to Yasmin, who is herself a citizen of Singapore. He has two daughters who are citizens of Australia, having both being sponsored to Australia many years ago by an international accounting firm. They are both married to Australian citizens. He has seven grandchildren. One of their grandchildren, Heather, aged 7, has been diagnosed with severe Down Syndrome. Heather is especially close to Abdul and Yasmin and whenever possible they have been flying to Australia to look after her. Because of this situation, Abdul and Yasmin have applied for a Contributory Parent visa sub class 143. One year after the application was lodged, Abdul and Yasmin were asked to undergo health and character checks. Abdul’s police clearance showed that he had a criminal record. This information was submitted to the Department. Yasmin was shocked that Abdul had a conviction for corruption and was sentenced to 2 years jail but was released after 1½ years because of good behaviour. He informed Yasmin that it was necessary in Malaysia to obtain government projects that he paid this fee to the public servant in order for him to secure the contract. This arrangement was organised by an employee of his company. He did not consider this to be a bribe as that was the manner in which business was done in Malaysia at that point in time. This happened over 30 years ago and since then Abdul has implemented processes in his company to ensure that this did not occur again. Abdul is concerned as he has just received a notice of intention to consider refusal of their visa application under section 501. Abdul and Yasmin have come to see you and asked for your assistance with preparing a submission to the Department. They advise you that besides this conviction Abdul has not had any convictions since this incident. Abdul has established various charitable foundations in Malaysia and Singapore including a women’s refuge centre and has donated a significant proportion of the company’s profits to the general hospital in Kuala Lumpur. You are required to:
1. Prepare a concise submission to the Minister arguing that Abdul and Yasmin’s visa application should not be refused under s.501. 2. Advise Abdul and Yasmin that in the event the application is refused, what visas, if any could they apply for. 3. Abdul and Yasmin are extremely concerned and ask you about the probability of success of your response to the Minister in relation to the potential s.501 refusal. What are your obligations under the Code of Conduct in this regard?