1. Clearly and concisely explains whether the visa criteria are met
2. Accurately identifies and cites the law, policy and/or ethics relevant to the facts Provided
3. Justifies answers by clear reference to the relevant facts, identifying logical assumptions made about the facts in answering questions, including further information that may be required
4. Clearly identifies and discusses the issues raised by the facts.
5. Presents information clearly and logically in a businesslike manner.
Would Andy be able to sponsor Shirley for a Partner visa given that he had done so with the “other woman” from mainland China 6 years ago? Would it make any difference if the Partner visa was granted 4 years ago?
Would Shirley and Andy be committing any offence and what are the penalties, if any, under migration law if they proceeded with the marriage under Andy's proposal?
Explain to Shirley her options for obtaining the permanent Partner (801) visa now that she and Andy are no longer living together (assuming that you are not aware of the financial arrangement between Shirley and Andy relating to their marriage).
If, after you provide her advice in relation to question (3), Shirley, as your client, confides in you about the financial arrangement with Andy, do you think you should ‘dob’ her in to the Department of Home Affairs? What are your obligations, if any, under the Migration Agents Regulations 1998?