Australian Migration Law and OMARA Practice - Myassignmenthelp.Com

Questions: 1.Prepare a letter of advice, in plain English, for Jeffrey in relation to the procedural, accounting and ethical requirements he would have to meet to comply with the requirements under the Migration Act 1958, the Migration Agents Regulations 1998 and the Code of Conduct in relation to being appointed by Wood Engineering as their migration agent and charging them for the work 2. What are your obligations as a registered migration agent (if any) under the Code of Conduct? Answers: Answer 1 To, Mr. Jeffrey Jacob Date: 09/08/2017 Subject: procedural, ethical, and accounting requirements for Migration Agent and requirements to make valid visa application of UC sub-class 457 Temporary Business Entry visa. Sir, This letter addressed the concern of Mr. Jeffery Jacob, for the purpose of providing guidance on procedural, ethical, and accounting requirements which must be comply by migration agents, and also states the requirements to make valid visa application of Class UC sub-class 457 Temporary Business Entry visa. These requirements are for those agents who are registered under Migration Act 1958. Jeffery Jacob is a registered Migration agent. Wood Engineering, civil engineering Company in Geelong, Victoria, consults with Mr. Jacob for sponsoring Ms. Josephine Ladders as a civil engineer under the Class UC sub-class 457 Temporary Business Entry visa. Therefore, it is necessary for Jeffery to know all the procedural, ethical, and accounting requirements related to this profession. There are number of regulations which are stated by Migration Act 1958 and Migration Regulations 1998, and Migration Regulations 1994. These regulations define the rights and obligations of clients as well as migration agent. It is the duty of migration agents to perform their operation in such way which enhances the dignity of this profession. Requirements to make valid visa application: The temporary Work (Skilled) visa (subclass 457) allowed the skilled workers to enter into Australia and worked for a business which is approved in Australia. Applicant must be sponsored by an approved business, and businesses are eligible to sponsor visa applicant if they are not able to find Australian citizen or any permanent resident for the purpose of performing skilled work[1]. Schedule 1 of Migration Regulations 1994 contains schedule 1223A[2], which states the process of making valid visa application of the Temporary Business Entry (Class UC) visa. Clause 1(b) of this schedule states that if applicant wants to satisfy the criteria for the purpose of granting Subclass 457 (Temporary Work (Skilled)) visa and clause (bb) does not apply on applicant then visa applicant can made the internet application, and such can be made through form 1066Employer Sponsored Workers (e457). Clause 1(ba) of this schedule states that if applicant wants to satisfy the criteria for the purpose of granting Subclass 457 (Temporary Work (Skilled)) visa and clause (bb) does not apply on applicant then applicant is not able to make application as per paragraph b in those situations which are specified by the Minister in an instrument. Clause 1(bb) of this schedule states that, in case applicant wants to satisfy the secondary criteria for the purpose of granting Subclass 457 (Temporary Work (Skilled)) visa, and combined application is not made by applicant for the purpose of satisfying primary criteria related to this visa, then in such circumstances application can be made in the form of internet application in the form specified by minister, and such application can be made through form 1066s Employer Sponsored Workers (e457)[3]. Clause 1(bc) of this schedule states that if applicant wants to satisfy the secondary criteria for the purpose of granting Subclass 457 (Temporary Work (Skilled)) visa and clause (bb) does not apply on applicant then applicant is not able to make application as per paragraph b in those situations which are specified by the Minister in an instrument. As per Immi 13/063, clause 1 (ba) and (bc), electronic form of application is prevented by DIBP and also by Department of Immigration and Citizenships systems. For the purpose of clause 1 (ba) and (bc) Immi 13/063 states the different way of making the application: Application can be made through the form which was provided with written authorization. Such form must include the name and position number of the officer who authorize such form, and must be mailed at e457.Manual.Lodgement@border.gov.au with a copy of the authorizing email. As per clause 3 of this schedule, valid visa application can be made by applicant, who is inside or outside Australia. It must be noted that such person must not be in immigration clearance. This schedule further states that applicant who wants to satisfy the primary criteria must meet the requirements states under sub clause 457.223(2) and (4) of Schedule 2 that is: Related occupation of the applicant must be nominated, and it must be approved under section 140GB of the Act and its approval must not be ceased under regulation 2.75. Decision related to nomination must not be made under section140 GB of the Act. Person who nominated the occupation must not bar under section140M of the Act[4]. For the purpose of applying visa application, applicant must be nominated by an approved sponsor and must possess all the skill requirements. Visa applicant also required to fulfill obligations related to registration and licensing for the occupation, and must able to communicate in certain level of English. It is necessary that visa applicant must possess skills in the occupation which is approved by the government of Australia. Applicant must show the documents related to the experience of nominated occupation, and other necessary documents also which are listed in the checklist of Document for visa applicants.[5] After completing all the above requirements, agents are also bound by some ethical, procedural, and accounting requirements which are stated below: Method of notification for the purpose of providing assistance to visa applicant is described in Regulation 7G of the Migration regulations 1998[6]. Agents are responsible to provide notification to the department related to the client under section 312A[7] of the Act. Section 313 of the Act states that must provide statement of service to the assisted person, and such statement of service states all the provisions related to instructions given by client and services provided by agent. Agreement must state the fees charged from the client for the purpose of providing services, and also state the method on the basis of which fees is calculated and other amount related to disbursements[8]. Section 314 of the Act states that, Migration Agent regulations state the code of conduct for migration agents and it is the duty of migration agent to conduct their operations as per code of conduct[9]. Part 2.1 of code of conduct states that, agents must act as per the law and legitimate interest of his or her client. Agents must act in competent and fair way with the clients and with department also. This part further states that, migration agent must not deal with the client if agent would have any conflict of interest with the client. Part 2.3 of code of conduct states that, migration agent must take adequate measures for the purpose of avoiding financial loss to the client. Part 2.5 of code of conduct states that, migration agent must update their knowledge related to the Migration Act 1958, Migration Regulations1994, and other elated laws. Part 2.6 of Migration Agent Regulations 1998 Schedule 2 states that, for the purpose of making an application under Migration Act or Migration Regulations, agent must considered the objective criteria. Part 2.8 of code of conduct states that, agent must take instructions in written form from client, and act as per the instructions of the client. Part 2.11 of code of conduct states that, agent must include their registration number while advertising, and advertisement must be in English language. Part 2.18 of code of conduct states that, agent must act within reasonable time period after receiving necessary instructions. Part 2.20 of code of conduct states that, agent must charge adequate amount of fee from the client. Part 2.21 of code of conduct states that, agent must submit the application with all the necessary documents[10]. Part 3.2 of code of conduct states that, agent must maintain the confidentiality and must not disclose client information. Part A of this section states that agent must provide consumer guide to client. Part 3.3 of code of conduct states that, agent must inform the client that they are entitled to receive the copy of application and other documents. Part 3.4 of code of conduct states that, agent must maintain contact details and address of the client[11]. Part 6.1 of code of conduct states that, agent must maintain proper records of the documents related to client for the period of at least 7 years[12]. Part 11.3 of code of conduct states that, contract between agent and client must contain the provisions related to code of conduct[13]. Financial obligations of agent: Part 2.20 of code of conduct states that, agent must charge adequate amount of fee from the client. Part 5.2 of code of conduct states that, agent must inform the client about the charges and estimate time for processing the application. Part 5.4 of code of conduct states that, agent must inform the client about the method of calculating the fees. Part 5.5 of code of conduct states that, agent must know about the effect of section 313 of the Act that agent is not entitled to receive the fee if they did not provide service agreement to the client[14]. Part 7.1 of code of conduct states that, agent must maintain separate account with financial institution, and part A of this section states account of the client must be included in the name of the financial institution. Part 7.2 of code of conduct states that, agent must hold particular amount in the account of client for agreed block of work. Part 7.4 of code of conduct states that, agent must maintain all the financial records of thee client which includes date and amount related to each deposit, etc. Part 7.6 of code of conduct states that, in case agent work with client on the basis of refund policy then it is the duty of agent to take adequate steps to refund the amount of client[15]. Regulation 2.126 states the factors related to first installment of visa application charge. Following are the charges of Class UC sub-class 457 Temporary Business Entry visa[16], and other disbursement fees and professional fees: Product Quantity Price UC457 Temporary Work (Skilled) 1 $ 1080 GST - 0 Translating services - $ 220 English language and courier fees - $500 Other services - $1000 Professional fees - $1000 Total - $ 3800 Thank You Answer 2 In the present case, Josephine reported to Mr. Jacob that she is not receiving the same payment which is stated in her contract with wood engineering. Wood engineering paid her amount which is less than the amount stated in contract. Jeffery contacted to wood Engineering for the purpose of confirming this information, and company stated that this information is true. As per code of conduct of migration agents, Mr. Jacob has various obligations towards the Josephine and these obligations are stated below: Part 2.6 of Migration Agent Regulations 1998 Schedule 2 states that, for the purpose of making an application under Migration Act or Migration Regulations, agent must considered the objective criteria. This part further states that agent must be frank and true about the chances of success while assessing the request of the client in preparing a case or filing an application under Migration Act or Migration Regulations[17]. In other words, agent must give fair and true advice to the client about the chances of success of visa application made by client while preparing and analyzing the facts of the case of the client. Part 2.7 of Migration Agent Regulations 1998 Schedule 2 states that, in case client seeks opinion from the migration agent related to the chances of successful result of the visa application made by client, then agent must give written advice to the client. Such advice must be given in reasonable time period. It must be noted that agent can also give oral advice to the client, but only when oral advice given by agent is similar to the written advice. This part further states that migration agent must not hold any fake or unjustified chances of success while making advice to the client on visa application made by client[18]. Part 2.17 of Migration Agent Regulations 1998 Schedule 2 states that, in case visa application made by client is exasperating or grossly unfounded then it is the duty of registered migration agent that he must not encourage the client for the purpose of making application, and must give written advice to the client that in his opinion application made by client is exasperating or grossly unfounded. Even after taking these measures, client wants to make visa application under Migration Act and Migration Regulations then agent must take written acknowledgment from the client related to the advice given under paragraph (b) of this part[19]. It must be noted that Section 306AC of the Act states that minister has power to make reference of registered migration agent to the Authority for the purpose of making disciplinary action in case refusal rates related to visa application of specific class of that agent are high[20]. Therefore, Jeffery can help the Josephine by ensuring the above mentioned provisions, and he can also help her by providing the fair advice. Mr. Jacob is also under obligation to inform the department about this matter. BIBLIOGRAPHY Websites DIBC, Temporary Work (Skilled) visa (subclass 457), https://www.border.gov.au/Trav/Visa-1/457-#tab-content-1, Accessed on 11th August 2017. FRL, Forms, Fees, Circumstances, and different way of making an application, https://www.legislation.gov.au/Details/F2016C01005, Accessed o 11th August 2017. Migration Act 1958- Section 140. DIBC, Temporary Work (Skilled) Visa (Subclass 457) Document Checklist For Visa Applicants, https://www.border.gov.au/Trav/Visa-1/457-/Temporary-Work-(Skilled)-visa-(subclass-457)-document-checklist-for-visa-applicants, Accessed on 11th August 2017. DIBP, Global visa processing times, https://www.border.gov.au/Trav/Visa-1/457-, Accessed on 11th August 2017. Statutes Migration Agent Regulations 1998 Schedule 2. Migration Regulations 1994 - Schedule 1. Migration Act 1958. [1] DIBC, Temporary Work (Skilled) visa (subclass 457), https://www.border.gov.au/Trav/Visa-1/457-#tab-content-1, Accessed on 11th August 2017. [2] Migration Regulations 1994 - Schedule 1. [3] FRL, Forms, Fees, Circumstances, and different way of making an application, https://www.legislation.gov.au/Details/F2016C01005, Accessed o 11th August 2017. [4] Migration Act 1958- Section 140. [5] DIBC, Temporary Work (Skilled) Visa (Subclass 457) Document Checklist For Visa Applicants, https://www.border.gov.au/Trav/Visa-1/457-/Temporary-Work-(Skilled)-visa-(subclass-457)-document-checklist-for-visa-applicants, Accessed on 11th August 2017. [6] Migration Regulations 1998- Regulation 7G. [7] Migration Act 1958- Section 312A. [8] Migration Act 1958- Section 313. [9] Migration Act 1958- Section 314. [10] Migration Agent Regulations 1958 Schedule 2- part 2. [11] Migration Agent Regulations 1958 Schedule 2- part 3. [12] Migration Agent Regulations 1958 Schedule 2- part 6. [13] Migration Agent Regulations 1958 Schedule 2- part 11. [14] Migration Agent Regulations 1958 Schedule 2- part 5. [15] Migration Agent Regulations 1958 Schedule 2- part 7. [16] DIBP, Global visa processing times, https://www.border.gov.au/Trav/Visa-1/457-, Accessed on 11th August 2017. [17] Migration Agent Regulations 1998 Schedule 2- Part 2.6. [18] Migration Agent Regulations 1998 Schedule 2- Part 2.7. [19] Migration Agent Regulations 1998 Schedule 2- Part 2.17. [20] Migration Act 1958- Section 306.