Question
Scenario: You are a junior RMA at Wombat Migration. Wombat Migration is owned by Alison Hood, a registered agent. Paul Moore, a client of the
Scenario: You are a junior RMA at Wombat Migration. Wombat Migration is owned by Alison Hood, a registered agent. Paul Moore, a client of the firm who you assisted in the past, was granted a subclass 482 visa on 1 August 2020 valid to 1 August 2022. He was sponsored by his employer, Environmental Drilling Pty Ltd. Included in his application was his spouse, Katrina Moore, and daughter Kiki Moore. On 1 July 2022 you lodged another 482 nomination and application covering Paul, and his daughter Kiki. Paul had advised you that his wife was not to be included, as they are separated. As part of the application, you were provided with a form 1229 signed by both Paul and Katrina. 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 Paul and Kiki were granted and you forwarded these to Paul.
You undertook all work on the case, and were identified in the nomination and visa application. On 15th August, you receive an email from Katrina Moore. 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 2022. 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 reveals 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 Paul Moore, 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.
1. Draft a response to Katrina Moore. Either comply with her request for information or explain why you cannot comply. As part of your response to Katrina, you should explain your duty of confidentiality to Paul Moore.
2. 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 Katrina Moore who the Minister has reason to believe is an unlawful non-citizen. The notice is addressed to you at your work email. Memo for Alison Hood your employer, explaining: a. your obligations related to responding to the notice under the Act; and b. your obligations to Katrina under the Code of Conduct.
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