Assignment 2
docx
keyboard_arrow_up
School
University of Tasmania *
*We aren’t endorsed by this school
Course
MISC
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by sanaghausi1987
Assignment 2 is a written assessment of 2000 words.
It is designed to contextualise your learning in a practical professional situation. You will be asked to analyse a problem and provide advice to a client taking into consideration implications to the client. It will address Learning Outcomes LO1, LO2, LO3 and LO4.
Submission is due 12 September 2023 at 23:59.
Scenario
: You are a junior RMA at Quokka Migration. Quokka Migration is owned by Peter Yip, a registered agent. James Grubb, a client of the firm who you assisted in the past, was granted a subclass 482 visa on 1 August
2021 valid to 1 August 2023. He was sponsored by his employer, Environmental Impacts Pty Ltd. Included in his application was his spouse,
Lily Grubb, and daughter Mollie Grubb.
On 1 July 2023 you lodged another 482 nomination and application covering James, and his daughter Mollie.
James had advised you that his wife was not to be included, as they recently separated. As part of the application, you were provided with a form 1229 signed by both James and Lily. This form is normally required when a minor child is included in a
visa application, but one (or both) responsible parents are not. When you lodged the application BVAs for James and Mollie were granted and you forwarded these to James.
You undertook all work on the case, and were identified in the nomination and visa application.
On 29th August, you receive an email from Lily Grubb.
She has just done a VEVO check on herself. It indicated that she does not have a valid visa. She says she has a bridging visa grant with her name on that indicates she holds a BVA on the basis that she was included as a dependent in a 482 application lodged 1 July 2023.
She asks if you can clarify the situation, and confirm whether she was included in the application
. She gives you permission to check her visa status, and emails the visa grant document to you. She includes all her current contact details, including her residential address, in the email.
The VEVO check confirms that she is an unlawful non-citizen. The BVA grant letter she forwards to you has obvious signs of alteration, where her
name has been inserted.
Apart from her details, it appears to be identical to the BVA grant letter you forwarded to James Grubb, with identical reference numbers. The letter also includes the name of the sponsoring company and your name.
You conclude that it is a bogus document that has been altered by someone, and provided to Lily Grubb. Lily gives you permission to provide this document to anyone else. It is obvious to you that she did not alter the document herself. She confirms that she signed the form 1229, which her husband completed and told her she was required to sign.
Questions
1.
Is Lily Grubb your client? Can you act for her if she is unlawful? Discuss, referencing the relevant parts of the Act, and relevant regulations. 200 words 4 Marks
2.
Explain what information you can and cannot share with Lily. Explain your reasoning, including referencing the relevant parts of the Act, and relevant regulations. You may assume that any correspondence or conversation with her is ethically permitted and covered as a (free) ‘Initial Consultation’ under s43 of the Code of Conduct. 300 words 6 Marks
3.
The next day, you receive via email a notice from the Minister under Section 18 of the Migration Act 1958 (Cth) requiring that you provide the residential address of Lily Grubb who the Minister has reason to believe is an unlawful non-citizen. The notice is addressed to you at your work email. Write a memo for Peter Yip your employer, explaining:
1.
your obligations related to responding to the notice under the Act; and
2.
your obligations to Lily under the Code of Conduct.
(6 marks / 300 words)
4.
You discuss the bogus BVA grant letter with Peter. He feels that it
should be forwarded to the Department. He asks you to prepare a memo setting out the issues, referring to the relevant parts of the code, and recommending a course of action. (6 Marks/ 300 words)
5.
Peter also feels that given the bogus document contains the name of the sponsoring company, it should be shared with them.
Discuss if this is appropriate. Read the ‘Ethics Toolkit’ (which has been provided to you in week 5 of this course) and structure your
answer according to the methodology set out in Part 3 of that document, specifically 3.1 to 3.3 (12 Marks / 600 words)
6.
Can you continue to act for James Grubb? Explain your reasoning, and explain what is required to implement your decision. (6 Marks/ 300 words)
All references to the Code of Conduct are references to the Migration (Migration Agents Code of Conduct) Regulations 2021.
Your answers should be appropriately numbered, appropriately addressed, and suitably referenced as per the AGLC.
View Rubric
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help