Seeking a revocation of visa Cancellation in Australia

SCENARIO:
Carly Housiax was born in New Zealand in 1981 and is a citizen of New Zealand. Carly migrated to Australia with her parents in 1994 and has resided in Australia since that time. Other members of Carly’s family have migrated to Australia and several family members now reside in close proximity to the Carly’s home. Carly attended school in Australia from year 7 until she left school early in year 11. She then commenced a traineeship in carpentry. In 1999, when she was 18 years old, the Applicant began using illegal drugs. She attributes this to the influence of her social network, and particularly to colleagues at work who were older than she was. She continued to use illegal drugs (mainly heroin) until she fell pregnant in late 2008 but has no contact with the father since.
Carly’s daughter, Kate was born in 2009 and is now 9 years old. From her birth her grandparents provided Kate’s primary care but since January 2011. Between December 2005 and March 2018, Carly was convicted of numerous offences involving dishonest dealings with property, assault, drug use and unlawful use of motor vehicles. As a result of these convictions she was sentenced to various terms of imprisonment:
22 February 2005 – 2 March 2005
13 January 2007 – 18 April 2007
20 January 2008 -14 February 2008.
2 August 2009 – 6 December 2010
5 March 2017 -30 April 2018.
Carly tells you that the offences committed were to support her drug habit. At times she was spending $300 – $600 per day on drugs. While in prison she received treatment and undertook rehabilitation courses. As a result of this, she was able to establish herself and became the primary carer of Kate. In 2014 she formed a relationship with Herbert, it was her first real relationship, which provided her comfort and support. This relationship ended in August 2016 when she found out Herbert was married to someone else. This left Carly feeling vulnerable and resulted in her relapsing into using illegal drugs again.
Carly received a cancellation of her Special category (subclass) 444 visa under s501(3A) of the Migration Act 1958 on 21 March 2018.
Can Carly seek revocation of the Cancellation and if so, what legislative power allows her to do so? If you are of the view she can seek revocation of her cancellation, prepare a concise submission in support of revocation of her visa.
(15 marks)
(Maximum Word Limit: 750 words)
Resources:
1- https://www.abc.net.au/news/2015-02-24/convicted-criminals-have-visas-cancelled/6254120
2- https://plsqld.com/wp-content/uploads/2018/02/PLS-Visa_Cancellation-Document.pdf
3- Mary Crock, Laurie Berg, Immigration Refugees and forced migration, Law, policy and practice in Australia, the Federation Press 2011, Part VIII, (P.438-471), (P.519-548)
4- Migration Act 1958, Migration Regulation 1994.

 

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