You are a registered migration agent in a small firm. Your supervisor has an online meeting arranged with a potential new client, Rose Ali whose Partner visa application has just been refused. Rose may engage the firm to apply for a review of this decision. Your supervisor sent you the following email asking you to conduct some research:

Hi Agent

Rose Ali$$s Partner visa application that she lodged on $14$ February $2022$ has just been refused. The decision letter indicates that the delegate decided that Rose$$s sponsor Gregory does not have the capacity to meet Rose$$s financial needs, and therefore does not have the capacity to sponsor her, as required by reg $1\mathrm{.}20$ of the Migration Regulations $1994.$ The decision states that the delegate relied on this policy:

Regulation $1\mathrm{.}20$ requires officers to be satisfied that the sponsor can meet the financial needs of the applicant, to the extent necessary, for the $2$ year period specified in the applicable regulation $1\mathrm{.}20(2)$ provision. In general terms, officers are to assess the risk of whether or not a sponsor can provide sufficient support for the applicant so as to prevent the applicant from becoming a cost to the Australia taxpayer within the first two years of their settlement in Australia.

According to Rose, Gregory has very limited income. He receives a Disability Support Pension from the Government, but he was overpaid for nearly $10$ years, and now that overpayment is being recovered through withholdings from his current entitlements. It means he does not have enough income to meet his own expenses but Rose works part$-$time and they manage okay financially. She wants advice as to whether the department$$s decision is correct.

This aspect was considered in Babar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs $[2020]$ FCAFC $38(12$ March $2020)($Babar$$s case$).$ You$$ll need to analyse Babar$$s case and apply it to Rose$$s circumstances. You should also check the current policy and compare it with the policy that applied in Babar$$s case and see if it is still the same.

Rose also advised me that she has substantial savings in the bank. She did not include this information in her visa application because she did not want Gregory to know about it$.$ She has asked whether she has to tell Gregory. She$$d rather he didn$$t know but she is concerned about the consequences if the department finds out that she wasn$$t honest about her finances in the statutory declaration that she made in support of her visa application. She declared that she had $$1200$ in the bank, when in fact she also has $$500,000$ that she inherited three years ago after her grandfather died.

Rose is obliged by s $105$ of the Migration Act $1958$ to correct any incorrect information in her application. Please check s $99$ and let me know if you think s $105$ applies to her statutory declaration. Please also consider the ethical aspect if Rose wants us to handle her AAT review but is not willing to comply with s $105.$

I$$ll need your Memo before my upcoming meeting with Rose, thanks.

Tim

Your Task

Provide a Memorandum of Advice to your Supervisor as to:

The facts in Babar$$s case and whether they differ significantly from Rose$$s case;

The outcome in Babar$$s case;

Whether the policy that applied in Babar$$s case is still current;

How the decision in Babar$$s case applies to Rose$$s circumstances;

Whether Tim is under an obligation not to tell Gregory about Rose$$s savings; and

What Tim$$s ethical obligations are if Rose does not advise the department about the incorrect information in her statutory declaration $($or if Rose doesn$$t allow Tim to notify the department about it$).$

You must cite the relevant primary authority for all your answers.

Further information: You should not provide advice about merits review or discuss any criteria for a partner visa oth...