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SCENARIO Sukhon Chaiprasit, aged 25, is a citizen of Thailand. She arrived in Australia on a visitor visa Class FA, subclass 600 (tourist stream). Sukhon has been studying commerce at the University of Bangkok and in light of her good results in her examinations, her parents bought her an airfare to Australia and all her expenses have been fully covered. She arrived in Australia two (2) months ago and has been visiting various cities in Australia.
Sukhon came to see you today and expressed a desire to remain in Australia for a further period as she was attacked one night when returning from a dinner in Melbourne’s CBD. This incident occurred 7 days ago.The doctors at the hospital where she was attended to, have prepared a report strongly recommending that she not travel for a further 6 month period in light of the concussion that she suffered as a result of her attack. She has to visit the hospital every 2 days for a check-up. All the expenses associated with her treatment are being borne by the Crimes Compensation Tribunal. She has also been asked to be a witness in proceedings against her attacker.
Sukhon informs you that she befriended one of the male nurses in the hospital. At this stage she tells you that she is interested in establishing a relationship with him but nothing further has developed.
You look at Sekhon’s passport and see that her 600 visa, with the conditions 8101, 8201, 8501 and 8503, was granted two (2) months and twenty (20) days ago with a permitted stay period of three (3) month from the date of arrival in Australia.
Sukhon tells you she had seen another migration agent and he had lodged anothervisitor visa application for her. DIBP has responded by saying that her visitor visa application is invalid as she had the 8503 condition on her 600 visa. She says she has not gone back to that agent nor has she approached anyone else since then.
1. Prepare a submission to the Minister for Immigration and Border Protection seeking a waiver of the 8503 condition so that Sukhon can apply for a Class UB Medical Treatment visa, subclass 602.
2. Why was the further visitor visa application invalid and isSukhon subject to s.48 of the Migration Act (1958)?
3. What potential breaches of the Code of Conduct (if any) would have been committed by her former migration agent?