Highlights
QUESTION
You are a newly registered migration agent and have commenced work in a small migration agency. You have found that most of the visa applications that have been completed by the agency are student visa and partner visa applications. You have been asked by your employer to develop strategies that will increase the number of clients in other areas of migration. In particular, the employer would like you to focus on Business visas in the Significant Investor Stream as the agency will receive a commission from the relevant financial institution based on the investment from the client. Further, as the commission is paid by a third party, the agency will not have to disclose the commission to the client. You decide to prepare an advertisement for a popular magazine that circulates in China. The advertisement is as follows:
Whilst preparing the advertisement, you receive a call from a client of the agency who has concerns regarding a partner visa application that was lodged by the agency. You inform the client that you will review their file and revert to them shortly. You get the file from the bookcase which is at reception where all the client files are filed alphabetically. When you examine this client’s file, you notice that the agency acted for both husband and wife and now there is a claim of family violence by the wife against the husband. The husband is the client who rang you and is an Australian citizen. He informed you that since he has been paying all the bills from the agency, the agency should cease acting for his wife and only act for him.
In light of these facts:
1. What are your obligations, if any, under the Code of Conduct prescribed by the Migration Agents Regulations 1998?
2. How do you determine what constitutes reasonable fees under the Code of Conduct, if the agency was to begin assisting with business visas in the Significant Investor Stream?
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