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Question 1
Jaspal, a citizen of India, applied for a subclass 820/801 partner visa on 1 December 2013. He was sponsored by an Australian Citizen, Irene Morris. On 15 July 2017, he received an email from the Department advising him of its decision to refuse the visa application. He wants to know if it is possible to have the decision reviewed. Assume today is 17 July 2017 when Jaspal comes to see you for a consultation. He would appreciate a brief letter of advice addressing the following issues.
(a) Is Jaspal able to have the decision reviewed, and if so, by which body?
(b) What time limits does he need to be aware of in order to lodge a review application in time? What is the last date for the application to be reviewed by the relevant body? Does it include the date of notification?
(c) What is the cost to lodge a review application and what form should Jaspal use? Who will be the review applicant?
Question 2
Jaspal subsequently informs you that his relationship with Irene has ceased. He, however, wants you to lodge a review application and act on his behalf. You advise him that there are no chances that he would succeed if the relationship has ceased and not continuing. If you decided to act as his migration agent, what are your obligations, if any, under the Code of Conduct?
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