Highlights
Task 3 – Memorandum of Advice
Scenario
Time has passed. Your firm has received the following email from Angela.
Dear Migration Agents
Thank you very much for your help in getting my son a visa to come to Australia to live with me. As you know, Antonio’s subclass 445 visa was granted a few months ago and we sent in a form for him to be included in my permanent Partner visa application. Unfortunately, things did not work out well since Antonio came to live with me. He and my husband Marco fought all the time. At the start, they were only verbal arguments but last weekend Marco had been drinking heavily. He came home late and was angry because Antonio had used our car without his permission. He picked up a piece of wood and attacked Antonio with it, hitting him around the head. I tried to stop him and he hit me in the arm, which broke my wrist. I also sustained an injury to my head when I fell. Finally, Antonio was able to get away and ran out of the house. I followed after him but collapsed in the street. My son rang an ambulance and we were taken to the Emergency Room. We told the doctor at the hospital what happened but asked him not to get the police involved. We have been staying with a friend since then. I am scared for Antonio and for myself if we have to go back to live with Marco, but we are also frightened about what might happen with our visas. When we ran away, Marco was shouting that he would have us deported. This is all a nightmare for us. I hope you can help.
Please answer soon
Angela
Your supervisor has asked you to prepare a Memorandum of Advice.
Your task
1. Write a Memorandum of Advice setting out: whether Angela and Antonio will still be able to obtain their subclass 100 visas, in spite of the breakdown of the relationship between Angela and Marco, and
2. whether there are any ethical issues in acting for Angela and Antonio considering our previous dealings with Marco as Antonio’s sponsor.
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