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Assignment Task:

SCENARIO

You are a registered migration agent. You receive an email from a client, Kevin, who wants to meet you for advice about his migration matter. Your receptionist books an appointment for him to meet you at your office at 11 am. You decide to review his matter and prepare a memo before you meet with him. 

An extract of the client’s email is below. 

“My brother, Wilson, who is 35 years old, arrived in Australia ten years ago, after marrying Phoung. Phoung and Wilson are childhood sweethearts and when Phoung decided to study in Australia, they kept their relationship going by long distance. Phoung had a younger sister called Lisa, who also arrived in Australia to study the same course with her. Phoung and Lisa eventually got their permanent residence status and Phoung sponsored Wilson for a Partner visa. I am Wilson’s younger brother. 

During Phoung and Wilson’s wedding, I realized I had feelings for Lisa. Lisa initially did not think I was good enough for her so she shrugged off my advances until she saw me dancing the la Bamba with her friend, Kate, and realized she did have feelings for me. In a jealous rage, as she was known to have a temper, she pushed Kate over and began dancing with me. I was a little taken aback by the incident but I just thought Lisa was a passionate person. A year after continuing a long-distance relationship, Lisa and I decided to also get married. Wilson was not supportive of the relationship as he was worried that if things did not work out between them, it may affect his own relationship, as he knew Phoung was fiercely protective over her little sister. 

I arrived in Australia on a temporary Prospective Marriage (subclass 300) visa six months ago; having been sponsored by Lisa and my wedding to Lisa was scheduled to take place in a month’s time, in the Botanical Gardens in Melbourne. 

After one month, Lisa and I got married and I then applied for an onshore partner visa. However, once the honeymoon was over, approximately two months after getting married, Lisa found out that Phoung was pregnant and she became very angry with me, as we had also been trying to get pregnant but were not able to. 

Lisa’s temper worsened each day and I was subjected to constant verbal abuse and sometimes physical assault when Lisa would lose control of her temper. A few weeks ago she smashed a vase over my head screaming at me that she hoped that would knock some sense into me. I started bleeding and went to the local doctor/general practitioner (GP), who told me I needed to go to the hospital to get stitches. When the nurse was asking me what happened for the medical report, I said I accidentally tripped over. 

I told Wilson what happened but Wilson accused me of lying and that we were simply trying to cause drama to take the attention away because they were pregnant. Wilson also told me he already warned me he thought it was a bad idea to marry Lisa and I will now have to live with the consequences if I wanted to stay in the country. I was surprised by his reaction and I felt very alone and felt like I had to stay in the relationship. The abuse has gotten worse and I am very sad and scared. Whenever I suffered an injury and was required to go to the GP, I would simply say it was an accident, particularly because Lisa would usually accompany me to the GP to make sure I did not say anything. 

I joined some chat rooms on the internet, hoping to find some friends and support. I came across a group where other Vietnamese nationals in Melbourne were chatting. I befriended, Khanh who was in a similar situation and he told me to come and see you, a registered migration agent. The good news is, I received the grant of a temporary Partner visa application last week. I left the grant notice on the kitchen table and went to get a cake to celebrate the good news with Lisa. When I returned, she was very angry and got a pin and stabbed me in the arm. I really hope you can help me get out of this situation. Lisa, when she is not angry, can be a nice person, I think she just may have a problem with her anger. I have been employed, packing boxes since I arrived in Australia. I asked my employer to sponsor me and he said no. I do not have enough money to study and do not really want to but I would like to stay in this country because despite what is going on, I think it is a beautiful country – maybe in the future, Lisa will change her ways but for now, I would like my freedom.” 

QUESTION

Prepare a memo in advance of your meeting, outlining whether there is anything Kevin can do to seek permanent residence and explain the steps required and what additional information would you require to support the application. 

Your answer must be supported by reference to relevant migration legislative and/or regulatory provisions. 

 

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  • Posted on : June 25th, 2019

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