Graduate Diploma in Migration Law LML6005 Visa Compliance and Cancellation Assessment Task 1a

NOTE: TASK 1 COMPRISES TWO PARTS

PART A – SHORT ANSWER QUESTION

PART B – MULTIPLE CHOICE QUESTIONS TO BE COMPLETED ONLINE AT THE END OF THE UNIT.

1. Students must answer all questions as indicated. Make certain all answers are clearly labelled.

2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease.

3. This assignment comprises 10% of the assessment in this unit.

4. Students should note that English expression; grammar and spelling are taken into account in assessment of their answers.

5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt. Students must ensure they keep a copy of their work.

6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer.

7. All answers should be supported by reference to the relevant legislative provisions.

8. A student whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.

9. REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list.

Assessment Criteria

1. Accurate answer to question.

2. Accurately identifies and cites the law, policy and/or ethics relevant to the facts provided.

3. Justifies answers by clear reference to the relevant facts and law.

4. Clearly identifies and discusses the issues raised by the facts.

5. Presents information clearly and logically in a businesslike manner.

SCENARIO

You are a registered migration agent and came across the following news article while reading the news:

Extract: https://www.abc.net.au/news/2025-07-02/kanye-west-denied-entry-toaustralia-after-antisemitic-song/105487620

Minister reveals Kanye West was denied entry to Australia after releasing antisemitic song

By political reporter Tom Crowley Wednesday 2 July 2025

Kanye West married Bianca Censori, who is from Melbourne, in 2022. (Reuters: Daniel Cole)

In short:

Rapper Kanye West was denied entry to Australia over antisemitic song lyrics, immigration minister Tony Burke has revealed.

Mr Burke told the ABC's Afternoon Briefing that officials in his department cancelled a valid visa after the musician released a song titled Heil Hitler.

What's next?

Mr Burke did not say there was a permanent ban on the rapper, pointing out visa applications are reassessed each time in accordance with the law.

Rapper Kanye West was denied entry to Australia over antisemitic song lyrics, Immigration Minister Tony Burke has revealed.

Mr Burke told the ABC's Afternoon Briefing the musician, who goes by Ye, had a valid visa cancelled by officials in his department after releasing a song titled Heil Hitler.

"He's made a lot of offensive comments that my officials looked at again once he released [that] song," he said.

"He's got family here … It wasn't a visa for the purpose of concerts. It was a lower-level [visa] and the officials still looked at the law and said if you're going to have a song and promote that sort of Nazism, we don't need that in Australia."

The minister made the comments in the context of a discussion about the apparent visa cancellation of Israeli-American tech advocate Hillel Fuld for Islamophobic comments.

Mr Burke said his department "never actually got" an application from Mr Fuld.

However, Mr Burke said Mr Fuld had "publicly put in writing that Islamophobia is rational" and on those grounds, he would not be inclined to allow entry to Australia for a speaking tour.

"If someone argued that antisemitism was rational, I would not let them come here on a speaking tour. And if someone has the same view of Islamophobia, I don't want them here when the purpose of the visa is to give public speeches."

Mr Burke said a "stricter line" applied to those who wanted to visit Australia for the purposes of public advocacy and that West was the only instance he could recall of a cancellation of a visa that was not for advocacy purposes.

There was speculation in 2023 about the ability of West to visit Australia, where Bianca Censori, whom he married in 2022, is from.

At the time, government frontbencher Jason Clare suggested his history of antisemitic remarks would be grounds for visa refusal.

Those comments were made before Mr Burke was the relevant minister and before the release of the Heil Hitler song, which happened earlier this year.

Mr Burke did not say there was a permanent ban on the rapper, pointing out visa applications were reassessed each time in accordance with the law.

"I'm not taking away the way the act operates, but even for the lowest level of visa, when my officials looked at it, they cancelled that following the announcement of that song," he said.

"We have enough problems in this country already without deliberately importing bigotry."

Question

What are the powers and grounds that may have been used to cancel Kanye West’s visa prior to coming to Australia? You must also identify whether natural justice applies to the cancellation powers you have identified.

You must refer to the relevant legislative provisions and any applicable policy in your answer.