You are a registered migration agent. Fred Myers, an Australian citizen, and his partner, Nantia Saetang, a citizen of Thailand, require your assistance and they have an urgent Zoom conference with you. Fred has been in a long term relationship with Nantia as he frequently travels to Bangkok, Thailand and they have a 3 year old son, James, who lives with Nantia and her mother in Bangkok. Nantia is currently in Australia on a Visitor Class FA (Subclass 600) visa. Her visa was valid for 3 months and she arrived on 1 November 2019. The following conditions appear on Nantia’s visa: 8101, 8201, 8501, 8503 and 8558. James is in Bangkok with his grandmother
Fred consulted another migration agent, Albert Smith, who informed him to lodge a Protection Class XA (Subclass 866) visa before the expiry of Nantia’s Visitor visa. Albert lodged the Protection visa application for Nantia and it was refused last week. Albert, Fred and Nantia clearly recognised that there were no merits in lodging the Protection visa application but it was done, purely to extend time. Albert charged Fred $500 for the visa application and did not provide any documentation to Fred or Nantia. In the interim, Nantia, who is on a Bridging Visa A, will lodge an application for review with the Administrative Appeals Tribunal (AAT).
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Fred knows that with the COVID-19 situation it would be best if Nantia did not have to return to Thailand and he is particularly concerned about their son, James, who is in Thailand as he understands the medical facilities are not very good in Bangkok. They are very anxious in getting James to Australia.
Prepare a concise letter of advice to Fred and Nantia addressing the following:
(a) Whether she can make a valid application in Australia for a Partner Class UK/BS (subclass 820/801) Visa in light of her circumstances? What needs to be done and what are the requirements in order to make a valid application? As part of the letter of advice, you are required to explain in plain English her visa conditions.
(b) Can James be included in Nantia’s application?
(c) Advise Fred and Nantia as to what breaches, if any, would their 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?