LML6001 - Practitioner Legal Skills for Migration Law

Assignment Task

Aessment Criteria

1. Accurate answers to the questions demonstrating knowledge of legislative and regulatory provisions and applying problem solving skills.

2. Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.

3. Arguments and information are clearly and logically presented.

4. Demonstrated understanding of principles and values of a registered migration agent

SCENARIO

Charles Hung is a registered migration agent who worked for ABC Migration firm. Charles had been happily working at the agency until late last year when his employer was featured in a national current affairs program on free to air television and was accused of fraudulent practices at the agency. At this point, given the negativity now associated with ABC Migration, Charles decided it was a good time to open his own migration agency. He called his new agency Hunger Migration. He loves his job but gets a little nervous when his clients ask about his former employer. '

Charles attracted new clients quickly as he used some of the social media techniques of his former employer. Charles still feels a bit nervous going out on his own and wants to ensure that the way he practices as a registered migration agent is in compliance with the Migration Agents Code of Conduct, as his biggest fear is that he makes a mistake and he is exposed on a national current affairs program like his former employer.

To mitigate this risk, he hires you, a registered migration agent, to review his processes with a sample of clients and provide your thoughts as to whether he complies with Migration Agents Code of Conduct.

You attend an initial consultation with Charles and his client Spiro. Spiro is a 30-yearold Greek citizen and recently married Effie, a permanent resident in Australia. Spiro and Effie met at the local kebab shop where Effie worked. Spiro was in Australia on a Visitor FA (subclass 600) visa to attend his cousin’s wedding. Spiro invited Effie as his date and when Effie caught the bridal bouquet, Spiro dropped to one knee and asked her to marry him. Spiro and Effie got married last Friday and instead of going on a honeymoon they decided to arrange a consultation with you to seek migration advice as to how Spiro can remain in Australia given his visa is due to expire in two weeks.

Charles provided them with a copy of the Code of Conduct and advised them that Spiro could apply for a Partner Class UK/BS (subclass 820/801) visa while he was onshore before his Visitor Class FA (subclass 601) visa expired. He assured them that two weeks was plenty of time to prepare a Partner Class UK/BS (subclass 820/801) visa application and that as long as they gave him the documents one week before his visa expiry, there would be no problem with lodging the visa application while he still held his Visitor FA (subclass 600) visa. Charles told them verbally that this application would cost $10,000 inclusive of GST plus the visa application charge, which they could check on the Department of Home Affair’s website. Spiro and Effie agreed immediately, so Charles did not see the need to put this in writing.

Effie and Spiro were an easy-going couple and advised him that they preferred communication through Whatsapp only, because “no one wants to chop down a tree for no reason.” Charles appeared very confident during the consultation. Effie and Spiro quickly prepared the visa application forms and collated the supporting documents. They gave the documents to Charles one week after the initial meeting with you both and instructed Charles to lodge the application as soon as possible.

The next day, Charles called them and advised that unfortunately the Migration Regulations had been amended and the visa application charge was increasing that same day, so they would need to pay an extra $1,200 to lodge the application. Spiro got angry at Charles and hung up on him, unable to believe that Charles had not known earlier that the visa application charge would be increasing and instead referred them to the Department of Home Affair’s website. Effie called Charles two days later and apologised for Spiro’s outburst and advised him that they had decided to seek the assistance of another migration agent who was much cheaper and did not have an association with a migration agent who had been on a national current affairs program. After that phone call, Charles was very upset and informs you that he was not going to release any of their paperwork to their new agent until they paid him what he was owed for the work he had done so far.

Charles asks you to provide him with your honest opinion as to how he should have handled this matter in accordance with the Migration Agents Code of Conduct.

Question

In light of these facts, what would you advise Charles about whether he fulfills his obligations under the Migration (Migration Agents Code of Conduct) Regulations 2021 and what steps would you advise him to implement to ensure he does meet his obligations?

You must support your answers by reference to the specific legislative provisions.

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