LML6002 – Australian Migration Law Assessment

SCENARIO James, a newly registered migration agent and has set up his own business. He recently hires a receptionist to assist him. James’ receptionist has previously been employed by another migration agency. James is so busy that he has not had time to train her properly.

Yesterday, Vinnie Ng, a citizen of Vietnam, rang James’ office. She informs the receptionist that she is on a Class FA Visitor (subclass 600) visa in the Family Sponsored Stream. Her visa was valid for 3 months. However, her visa has now been expired for five months. According to the receptionist, Vinnie was very stressed. Vinnie told the receptionist that she married Marc Jacobs, an Australian citizen one month ago. Yesterday, Marc suffered a major stroke to the right side of his body and is unable to move. He has no one to care for him apart from Vinnie and his doctors have provided a report that it is critical that Vinnie remains to care for him in Australia.

The receptionist is in tears after hearing Vinnie’s story and tells Vinnie, “Don’t worry, James will help you apply for a Partner visa”. Vinnie makes an appointment to see James the next day.

When Vinnie comes in the next day, she asks James to assist her in applying for a Partner visa. James provides Vinnie with a comprehensive service agreement. James seeks your assistance with the following.

QUESTION

(a) Is Vinnie able to make a valid application for a Partner Class UK/BS (subclass 820/801) visa in light of her circumstances?

(b) You are required to prepare a submission to the Minister addressing the relevant regulatory requirements in the event there are restrictions on Vinnie’s ability to make a valid application Partner Class UK/BS (subclass 820/801) visa?

(c) Has James or his receptionist breached any of the provisions of the Migration Act 1958 or the Migration (Migrations Agents Code of Conduct) Regulations 2021? Explain. Your answers should be supported by reference to the relevant legislative provisions.