You are a junior RMA at Quokka Migration. Quokka Migration is owned by Peter Yip, a registered agent. James Grubb, a client of the firm who you assisted in the past, was granted a subclass 482 visa on 1 August 2021 valid to 1 August 2023. He was sponsored by his employer, Environmental Impacts Pty Ltd. Included in his application was his spouse, Lily Grubb, and daughter Mollie Grubb. On 1 July 2023 you lodged another 482 nomination and application covering James, and his daughter Mollie. James had advised you that his wife was not to be included, as they recently separated. As part of the application, you were provided with a form 1229 signed by both James and Lily. 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 James and Mollie were granted and you forwarded these to James.

On 29th August, you receive an email from Lily Grubb. 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 2023. 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 confirms 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 James Grubb, 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 that has been altered by someone, and provided to Lily Grubb. Lily gives you permission to provide this document to anyone else. It is obvious to you that she did not alter the document herself. She confirms that she signed the form 1229, which her husband completed and told her she was required to sign.

Questions

1. Is Lily Grubb your client? Can you act for her if she is unlawful? Discuss, referencing the relevant parts of the Act, and relevant regulations.
2. Explain what information you can and cannot share with Lily. Explain your reasoning, including referencing the relevant parts of the Act, and relevant regulations. You may assume that any correspondence or conversation with her is ethically permitted and covered as a (free) 'Initial Consultation' under s43 of the Code of Conduct.
3. 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 Lily Grubb who the Minister has reason to believe is an unlawful non-citizen. The notice is addressed to you at your work email. Write a memo for Peter Yip your employer, explaining:
   1. your obligations related to responding to the notice under the Act; and
   2. your obligations to Lily under the Code of Conduct.
4. You discuss the bogus BVA grant letter with Peter. He feels that it should be forwarded to the Department. He asks you to prepare a memo setting out the issues, referring to the relevant parts of the code, and recommending a course of action.
5. Peter also feels that given the bogus document contains the name of the sponsoring company, it should be shared with them. Discuss if this is appropriate. Read the 'Ethics Toolkit' (which has been provided to you in week 5 of this course) and structure your answer according to the methodology set out in Part 3 of that document, specifically 3.1 to 3.3
6. Can you continue to act for James Grubb? Explain your reasoning, and explain what is required to implement your decision.