Highlights
Assessment Criteria:
1. The accurate answer to the question
2. Accurately identifies and cites the law, policy and/or ethics relevant to the facts provided. Understanding 50%
3. Justifies answers by clear reference to the relevant facts and law.
4. Clearly identifies and discusses the issues raised by the facts. Expression 20%
5. Presents information clearly and logically in a businesslike manner.
SCENARIO (LML6006)
Stella MacCartney, a citizen of the UK, applied for a Partner (subclass 820/801) visa on 1 January 2019. She was sponsored by an Australian citizen, Terry Hatcher. Yesterday she received an email from the Department of Home Affairs advising her of their decision to refuse the visa application. Stella is distraught.
Stella and Terry want to know if it is possible to have the decision reviewed and attends your office for advice today. You are a registered migration agent.
You notice that Terry is very much in command of the conversation and tells you that she wants to review the decision personally as she thinks it’s very unfair and that because they are in a same-sex relationship, the Department of Home Affairs has not viewed their relationship fairly.
QUESTION (LML6006)
(a) Is Stella able to have the decision reviewed, and if so, by which body?
(b) What time limits does Stella need to be aware of in order to lodge a review application?
(c) Can Terry be the review applicant? Why or why not?
(d) Can Stella request that the Minister personally intervenes in her case while they are waiting for the review body to make a decision, as they understand it can be a long processing time?
Scenario continues...
Two days later, Stella calls you in tears and tells you that her relationship with Terry has ceased. You ask her whether there is any chance of reconciliation and Stella gives you a firm ‘No’. She realises she is an independent woman and would like to live the single life.
Stella, however, insists you lodge a review application and act on her behalf. You advise her that there is no chance of success if the relationship has ceased and is not continuing.
QUESTION
(e) If you decided to act as Stella’s migration agent, what are your obligations, if any, under the Code of Conduct?
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