LAWS509: Foundations of Ethical Practice - AB Migration - Ali Behood Case Study - Law Assignment Help

Assignment Task:

Scenario:

You are a junior RMA at AB Migration. AB Migration is owned by Ali Behood, a registered agent. Paul Moreno, a client of the firm who you assisted in the past, was granted a subclass 190 visa on 1 August 2019. He was sponsored by the Queensland Government. Included in his application was his spouse, Katrina Moreno. You undertook all the work, and were the RMA identified in the state nomination application and the visa application. At the time of grant, you notified him, closed the file, and returned the 2 original AFP checks and 2 original IELTS reports you had on file to the residential address that was listed on the visa application. No other address is recorded in the file. 

Questions 

1. On 1 September 2020 you receive a letter from the Manager of Business and Skilled Migration Qld (BSMQ) addressed to Ali Behood of AB Migration, requesting the current residential address of Paul Moreno. The letter notes that he signed an undertaking as part of the subclass 190 state sponsorship process, including an obligation to update BSMQ of any changes of address. Write a file note for Ali explaining the following, and referencing all relevant legislation: 

a. Who owes client obligations to Paul under the code – Ali, AB Migration, or you,

b. What client obligations are relevant to this request, and

c. How should Ali respond to BSMQ, and

d. What communication do you recommend with Paul. 6 marks /300 words 

2. On 2 September 2020 you receive a notice from the Minister under Section 18 of the Migration Act 1958 (Cth) requiring that you provide the residential address of Katrina Moreno who the Minister has reason to believe is an unlawful non-citizen. The notice is addressed to you. Write a file note for Ali explaining: a the obligations related to responding to the notice under the Act, and b your obligations to the client under the Code of Conduct. 6marks / 300 words 

3. Ali responds to your file note suggesting that there are no obligations owed to Katrina Moreno as ‘She was not our client, and even if she was, she no longer is.’. He notes that Paul Moreno signed the client agreement, paid all fees and all communication was through him. Write a response to Ali in the form of a file note. Refer to the relevant legislation. 6 Marks / 300 words 

4. On 3 September 2020 you receive an email from Katrina Moreno. She requests that you provide her with Paul Moreno’s contact details. Write a response, in email form, including explaining the relevant obligations under the Code of Conduct. 2 marks /100 words 

5. On 4 September 2020 Paul emails you saying that he has been reviewing the accounts from his application, and he believes that he has overpaid you $100 when he deposited the fees and disbursements into your client account. He requests a refund of this money, and any interest that has accrued on the funds. You review his accounting and find that he is correct, and that the $100 has been retained in the client account and overlooked. You also note that the client account does accrue interest at the rate of 1% per annum. Write a file note for Ali explaining the obligations related to this request, identify any obligations under the Code of Conduct, and make recommendations for any changes to accounting and/or banking procedures in the future. 6 marks /300 words 

6. Paul also requests a return of all documents, noting that 2 original AFP checks and 2 original IELTS reports were sent to you and not returned. Respond to Paul setting out the office processes for receiving and returning original documents, which were followed in this case. Include an explanation of how your office procedures comply with the Code of Conduct. 4 marks 200 words 

7. While you are reviewing Paul’s file you notice something odd about the IELTS test report that was submitted to the Department. Some of the characters are not straight, and they appear to be in a different font to the rest of the document. Write a file note for Ali explaining your observations, and make recommendations for action for this particular case. Identify any relevant Code of Conduct obligations, and any MARA advice on this issue. Suggest any changes to document procedures in the future. 6 marks 300 words. 

8. Paul is not satisfied by your responses, and asks you to explain what his options are to complain. Respond to Paul explaining MARA complaints processes. Refer to whatever material you have already provided him on this process. 4 marks 200 words.

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