LML6008: The Principal of the Migration Agency - David Case Study - Law Assignment Help

Assignment Task

1. Students must answer all questions as indicated. Make certain all answers are clearly labelled.

2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease.

3. This assignment comprises 20% of the assessment in this unit.

4. Students should note that English expression; grammar and spelling are taken into account in assessment of their answers.

5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt. Students must ensure they keep a copy of their work.

6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer.

7. All answers should be supported by reference to the relevant legislative provisions of the Migration Act and Regulations.

8. A student, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.

9. REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list.

SCENARIO

You are a registered migration agent and have been in practice for the last year where you have been essentially assisting with Visitor and Student visa applications.

In order to obtain some work experience, you commence employment with another migration agency that mainly handles Temporary and Permanent Employer Sponsored visas. The principal of the migration agency, David, requests that you review a file where he has been having difficulties managing the employer client who is a close friend of his. The employer client was especially upset by Edward, who was the migration agent on this file. The employer client said that Edward was not thorough in preparing the visa applications. You notice that the only document on the file is an operating account receipt for $5,500 for professional fees which was paid before any work had been done. There are no other financial documents on the file. The relevant application fees were paid by the employer client using their credit card.

You review the file carefully and you note that it relates to a 482 Temporary Skills Shortage visa. You notice that the nomination was refused two months ago because the employer did not meet the temporary skilled migration income threshold (TSMIT) for the employee and that the relevant labour market testing advertisements for the position were too old. A review application was lodged for the nomination with the Administrative Appeals Tribunal (AAT) within the time limits. To date, David has not received any information from the AAT about this matter.

Yesterday, David received a refusal letter for the visa application as the nomination was not approved.

QUESTION

David has requested that you prepare a concise memorandum setting out the following:

1. What breaches, if any, of the Code of Conduct did Edward or David commit and how would you remedy these breaches, if possible?

2. What do you believe David’s obligations will be, if any, under his professional indemnity insurance policy?

3. What are the time limits and review rights for the visa application and who has ‘standing’ to apply for review?

4. What are the prospects of success in relation to the nomination and visa application assuming it is lodged within the time limits at the AAT?

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