Manuel Parvez, aged 25, from Argentina, arrived in Australia on a Student Class TU (subclass 500) visa to study a degree in advertising at RMIT University in Melbourne. Manuel came from a very strict household and once he had a taste of freedom in Melbourne, his focus waivered and he did not do well in his studies. He failed many subjects and was recently given notice by RMIT University that unless his academic results improved in the current semester, the University will have no alternative but to terminate his enrolment and inform the Department of Home Affairs about his failure.

However, rather than studying harder, Manuel continued his wayward behaviour, preferring to go out to nightclubs and dancing the night away. One of the places Manuel frequented was a karaoke bar in China Town, owned by Lisa Hunh, aged 35, an Australian citizen, who at the age of 25, migrated to Australia from Vietnam.

Over the time he frequented the karaoke bar, Manuel became quite friendly with Lisa. During a discussion with Lisa, Manuel confided about the notice he got from RMIT University. Lisa told him that was no big deal, as he could marry her and he would become a permanent resident. The only catch, said Lisa, is that she would only do it if Manuel can pay her $10,000 and work at the karaoke bar. She said she had already helped another man from Vietnam with this same method and he was granted his Partner visa 6 years ago and this other man has just been conferred Australian citizenship at Melbourne Town Hall on Australia Day this year. "Do not look at it as a 'pay me to marry you' proposal. What you are doing is investing in your future, you are gaining work experience in the hospitality business. Think of it as a training program you paid for" Lisa assured Manuel. After giving the matter some thought during two renditions of "I will Survive", Manuel accepted Lisa's proposal.

Question 1 (10 points) Would Lisa be able to sponsor Manuel for a Partner visa given that she had done so with the "other man" from mainland Vietnam 6 years ago?

You must support your answers by reference to the specific legislative provisions.

Word limit-500

Question 1 options: Question 2 (10 points) Would Manuel and Lisa be committing any offence and what are the penalties, if any, under migration law if they proceeded with the marriage under Lisa's proposed formula?

You must support your answers by reference to the specific legislative provisions.

Word limit-500

Question 2 options: Scenario continued Despite the risks, Manuel did proceed with Lisa's proposal, and they got married, with no one batting an eyelid over their monetary transaction, which was done by international transfer via Western Union. Manuel applied for the Partner Class UK/BS (subclass 820/801) visa and was granted an 820 visa 6 months ago. He moved into Lisa's apartment in South Yarra and life was looking rosy and Manuel started working at the karaoke bar, being promoted to Manager very quickly without having to study or worry about his visa status.

Recently, Manuel noticed that Lisa would often come home late, very intoxicated. When he asked Lisa what she had been up to, she just laughed in his face and said what she does is none of his business, reminding him that his ability to stay in Australia is entirely due to her efforts. Last week, Lisa came home inebriated again and Manuel himself was also rather tipsy from drinking at the karaoke bar. They had another argument which ultimately resulted in Lisa punching Manuel, causing him to have a nasty cut to his face and the loss of two front teeth.

Their argument was so loud that it was heard by their next door neighbour Jemma Queen, who is a nurse at the Alfred Hospital and who came to Manuel's aid, tending to his wounds and eventually taking him to Alfred Hospital Emergency to get him properly looked at by the doctor on duty.

After being discharged from hospital, Manuel told Jemma he was not going back to Lisa. Jemma advised Manuel to report Lisa's assault to the police, which Manuel did. Jemma also suggested that Manuel seek professional advice from a migration agent about his visa status. Therefore, Manuel attended your office today and narrated to you what had transpired but did not disclose to you about the financial arrangement between him and Lisa.

Question 3 (15 points) Explain to Manuel his options for obtaining the permanent Partner Class BS (subclass 801) visa now that he and Lisa are no longer living together (assuming that you are not aware of the financial arrangement between Manuel and Lisa relating to their marriage).

You must support your answers by reference to the specific legislative provisions.

Word limit- 750

Question 3 options: Question 4 (10 points) If, after you provide him advice in relation to question (3), Manuel, as your client, confides in you about the financial arrangement with Lisa, do you think you should 'dob' him in to the Department of Home Affairs? What are your obligations, if any, under the Migration (Migration Agents Code of Conduct) Regulations 2021?

You must support your answers by reference to the specific legislative provisions.