LML6002-Australian Migration Law
You are a registered migration agent. Your first client, Elisa Merdovic, informs you that she is from Bosnia and arrived on a Class FA subclass 600 Visitor Visa with the following conditions:
8101, 8201, 8501, 8503 and 8558
Elisa had been looking for a job to remain here and one of her friends told her to lodge a Working Holiday (Subclass 417) as that would provide her more time to stay in Australia. Elisa submitted her application for a Working Holiday (Subclass 417) visa while her Visitor (Subclass 600) visa was valid. She also lodged an application for a Class XA subclass 866 Protection Visa prior to the expiry of her visitor visa. This application was lodged by another migration agent who advised Elisa that although she had no chance of success, making this application would at least buy her time.
Her subclass 600 Visitor Visa expired 2 months ago. She was advised by her agent that her protection visa application was refused three weeks after she lodged the application. She did not have the application reviewed at the Administrative Appeals Tribunal (AAT). Elisa indicated on the form that she would like the decision of her Working Holiday (Subclass 417) visa sent to her by post; however, she has not yet received an outcome for this application. Elisa is concerned that it may have been sent to her old address as she forgot to update the Department of Home Affairs when she changed her address.
Elisa informs you that she is a renowned farrier in Bosnia and a wealthy racing family owned business is willing to sponsor her under Class GK subclass 482 Temporary Skilled Shortage Visa. She is willing to accept the sponsorship, provided she does not have to return to Bosnia. However, if she cannot stay in Australia and has to return to Bosnia, she does not wish to proceed with the application, as she has been offered another job with wealthy racing family in the Middle East. Elisa would like everything to be in writing as her previous migration agent was reluctant to put anything in writing.
You inform Elisa that the cost for the provision of written advice is $400 as it will take you 2 hours to complete the letter
Prepare a concise letter of advice to Elisa addressing the following:
(a) Whether she can make a valid application in Australia for a Class GK (subclass 482) Temporary Skilled Shortage Visa in light of her circumstances? As part of the letter of advice, you are required to explain in plain English her visa conditions.
(b) The status of her Working Holiday (Subclass 417) visa.
(c) As a registered migration agent, advise Elisa as to what breaches, if any, would her former migration agent have committed under the Migration Agents Regulations 1998, based on the above scenario? What should the former agent have done in those circumstances?