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  1. You are a registered migration agent in Australia.
  1. Inconference with Jack Song at Villawood Immigration Detention Centre (VIDC), being a prospective client, Jack indicated that recently his Subclass 851 Resolution of Status (Class CD) visa (‘Subclass 851 visa’) was cancelled because of his criminal history in Australia.
  1. Jack informed you that he no longer had the paperwork related to his recentvisa cancellation, as he lost the documents when he was transferred from the Yongah Hill Immigration Detention Centre (YHIDC) to the VIDC in sydney.
  1. Jack told you he wished to apply for a Protection visa (‘Subclass 866 visa’), ashe fled the Democratic People's Republic of Korea (‘North Korea’) in 1987 and understands that if he is returned to North Korea, he will be either executed or otherwise suffer significant harm at the hands of North Korean authorities.
  1. Jack further informed you that before he held the Subclass 851 visa, he held aTemporary Protection visa (Subclass 785) in Australia. Jack also told you that he has about $20,000 to spend on the Subclass 866 Protection visa  Jack indicated he is willing to give you $10,000 upfront to ‘get the ball rolling’ and the additional $10,000 when the Protection visa application is completed and lodged with the Department of Home Affairs (‘the Department’).
  1. Youare a registered migration agent with about seven years practical  You provide immigration assistance through a business known as ‘Immigration Outcomes Pty Ltd (ACN 475 293 397)’. You employ two staff, being an Executive Assistant and a Paralegal (both of whom assist with photocopying, legal research and administrative tasks).
  1. You charge an hourly rate of $380 per hr (plus GST) for the provision ofimmigration  Your business holds an ‘ImmiAccount’ with the Department, where you lodge most visa applications for clients. However, where required, you also file paper-based applications from time to time.
  1. Occasionally, you set your professional fees at a fixed rate when providingimmigration assistance to  However, your preference is to charge on an hourly basis and not be wedded to a fixed fee.
  1. Your conference with Jack Song at the VIDC was free, as are all your firstconferences with prospective clients. After considering your conference notes with Jack Song, you believe you can assist 

Approximated Service Fees

The objective of this letter is to provide an overview of Approximated Service Fees which is an essential part of this Agreement for Service Feesand is integrated into it and to authenticate understanding of the terms. The main purpose of this conformity accompanied by the scope and drawbacks of immigration services offered.

Sr. No.

Description of Service

Price

GST

Total

1.

Proficient Fees

a. 

Meeting with a client in order to revocation of withdrawing Resolution of Visa

$380

$38

$418

b. 

Making and submission of Form 956 with the authorized department

$150

$15

$165

c. 

Ascertainment of Resolution of Visa and withdrawing same

$75

$7.5

$82.5

d. 

Submission of an initial request for revocation and requesting for an addition 28 days for submitting all the documents for revocation of a visa

$75+$75

$15

$165

e. 

Submission of documents comprising supporting documents

$75

$7.5

$82.5

f. 

Preparing and submission of Form 424 A (relates document for temporary protection) and Resolution of Status visa along with immigration detention centre and visitor records

$150

$15

$165

g. 

Submission of Form 1359 along with required formalities

$150

$15

$165

h. 

Attaining court order, parole reports and incident reports from appropriate authorities

$1140

$140

$1254

i. 

Supporting preparations and attaining declaration from previous employers or community

$1140

$114

$1254

j. 

Meeting with a client for preparation of required documents for Form 80

$380

$38

$418

k. 

Submission for revocation of visa cancelled at due date along with supporting documents

$3420

$342

$3762

l. 

Communication expenses comprising phone and e-mail for  providing updates

$500

$50

$550

m. 

Liase with national character consideration centre while requesting for revocation process

$350

$35

$385

n. 

Sundry Expenses

o. 

Registered mail and courier

$70

$70

p. 

Video Conferencing

$150

$150

q. 

Photocopy and printing expenses

$20

$20

Total Estimated Expense

$8300

$806

$9106

The aim of proficient services is to present the visa appliance to the Immigration Department inan efficientway in compliance with Australia’s Immigration regulations, guidelines and process. Suggestions are given by agent regarding how a client can meet out comply obligations of Australian Government in a preeminent way to lodge anapplicable and comprehensive visa application. It is important to be attentive that lodging a fullvisa application might relyupon time restraints for example when any active visas are terminated as well as when it is required the application to be lodged.

  • It is necessary to act truthfully along with fair basis and in best interest as well.
  • Treating clients with esteem and identify that clients believe in diverse customs and morals.
  • The amount received for services is required to be fair and can be altered in accordance with complexity of work to be performed. Moreover, the same represent experience, information and skills within the profession.
  • Operating with due skill and attentiveness, responsibility, promptness and politeness.
  • Sustaining the confidence and confidentiality of clients.
  • Evade conflict of interest, reveal any private or proficient interests or commissions.
  • Communicating in a good way with clients
  • Taking into consideration any legitimate instruction given by the clientwith the scope of services, terms and conditions of this contract.
  • Providing agents with complete and clear information.
  • Being truthful and lawful in dealing with agents since it is a crime to givewrong details, a false document or inappropriate personal identity information.
  • Treating agents with esteem and faith.
  • Giving the documents and details in the timeframe given.
  • Understand the fees and expenses related to the issue and paying the same as obligatory under this agreement.
  • Enquiring the question from agents that whether it is understoodwhat is requisite.
  • Keeping update if there is any modification in the address, contact information or any alteration in conditions.
  • Making arrangements to see migration agent so that they could allocate adequate time to matter and arrange any documents for clients as appropriate.
  • It is the duty of clients to give original documents along with a clean copy of every document in the time given by them;otherwise, email colour scans of certificates.
  • Sending text messages in order to fix up appointments or to pass details onto them is not an acceptableway,and it will be overlooked.
  • Clients should give documents along with details in a time specified by their agents as working the issue cannot begins till the documents and details are given to them.
  • Telephone calls made to agents outside their regular business hours will be considered as extra service,and the same will be charged according to the service provided.
  • In order to complete a Client Questionnaire, it is important that the client should answer all the queries appropriately and completely. If client questionnaire is sent to them with missing details,they sent it back to the client for the changes. Further, since it is the duty of client to provide all details and if the questionnaire is sent back to the agents are not responsible for that, this part additional service for which the extra fee will be allegeduntil the questionnaire is completed in an accurate manner.

Party can terminate the agreement any time through giving notice in writing. However, it is necessary that notice should be provided within a reasonable period. For cancellation of agreement, the client will reimburse the representative for the service provided prior to cancellation of agreement.If there are any surplus fund alleged in accounts of clients will be given back to them.Moreover, in estimating the accurate professional charges are owing, some regulations are to be followed,and they are:

For instance, under this agreement, the following calculation will be implemented. It is calculated that once the agent has drafted an expression of interest 60% of the engagement has been exercised. When the visa application has been prepared 75% of the charges becomes payable.Subsequently, when the visa application has been lodged 100% of the charges becomedueas post lodged services in relation to the scope of services are offered to clients as flatteringservices.

It is the responsibility of agents to provide replicas of any documents provided and to copy clients emails referred to and obtained from the system. Moreover, agent is required to keep replica of all the documents which have been applied while applying for visa of the client due to practical reasons. With accordance to the code of conduct,it is required to preserve engagement documentation for a duration of seven years. Subsequently, agents will begin the procedure of demolishingthe contents of their appointment files. In addition to this, the level to which agent accrues the original documents throughout the engagement, these documents will be given back to clients when they are viewed and approved as being real copies. The clients are required to provide a written receipt as a proof that they have provided records to the agent. Furthermore, the appointment file is the asset of agents, and they will give replicas of specified records at their prudence. In case agent has been remunerated for any time than records relating to same will be provided to the client during the practice of engagement.

Further, in case they are obliged to respond to subpoena, order from court or other official procedure for the development of records or evidencerelated to details acquired or arranged during the course of engagement. Even consent of client is required in order to accept the terms of payment in accordance with latest Schedule of Fees and specification relating to reimbursement of other expenses (out- of pocket expense) should be considered in same.

It is to be considered that agents are not abided by the Australian Privacy Principles (APPs) comprising Privacy Act 1988. Therefore, as an issue of domestic policy and in obeying with their requirements in accordance with Authorized Migration Agents Code of Conduct they remain to the basic value comprised of the APPs. Furthermore, the personal details given by clients to agents is accumulated, utilised and disclosed to other companies in the continuation of clients migration subject matter wherein clients have the rationalanticipation that their personal detail will be utilised and exposed by agents. The same could involve, but not restricted to the Department of Migration and Broader Protection, skills evaluatingauthorities, client’s supporter that is a family sponsor or manager sponsor,local certifying authorities such as subclass 132, 188, 190, 487,887 and 888 visas. Along with this the police of Australia and Foreign Police services where the clients appeal for police clearness in their support.

Consequently, the personal details of clients will be revealed at the time when there is a legal requirement on agents to do the same. The agent will be liable to provide any other additional information in case he has been forced by the court or due to any other legal conspiracies.

  • Agent is required to provide written notification of the reason to rescind to act, moreover the notification should also comprise the date along with the terms of specification relating to the actions which are to be made for employing another agent.
  • The agent is authorized to be compensated for the services defined in the agreement or contract with client.
  • It is necessary to return back all the documents within a period of seven days to the client of what they are entitled.
  • It is the duty of agent to continue performance of service until the agent or client finished the agreement with written notice.
  • Agent is authorized to rescind the service in case payment relating to services is not provided in accordance with pre-accepted terms of service. Another reason due to which agent can discontinue the services are unavailability of guidance by the client, absence of information in order to continue further, inappropriate instruction by the client etc. The agent has a conflict of interest in providing services or for other reasons.
  • Further, the agent is required to provide back the remaining or surplus amount or advance receipts which have been retained by him relating to professional charges. The payment can be returned through electronic payment or any other payment mode.
  • In case of cessation of services by any of the parties, it is necessary for agent to provide specification of the work provided to him.
  • Client will pay the sum of proficient charges and all other related expenditures in seven days of the completion of formalities of application of revocation of visa termination decision.
  • Payment mode can be in accordance with facility of client after having discussion with the agent; it could be direct debit, cheque, electronic transfer.
  • Until the services are provided to the clients the advance payment of professional feeswill be deposit in the Client’s Account by the agent.
  • The client will give 60% of the proficient charges in one week of signing the agreement.
  • Further, additional details will be provided writing if additional fees apply: variation can be accessed from agreement of service.
  • Fees will not be given back if the visa termination decision is not retracted.
  • In case decision relating to cancellation of visa is not retracted, fees do not comprise legal review of same.

Note: It is being specified that any bogus, fake or misleading information comprising a document of identity is a criminal offence and same could result into the basis of cancellation of visa granted andthe agent is not responsible for same.

I accept specified services and charges as defined in the Contract of Services and Fees.

I have studied and understand conditions of services in the contract and initialled my contract to every section of the Terms of Service.

The specimen of accepted agreement has been provided to me in appropriate manner.

Name (Client)

Signature

Date

Registered Migration Agent

MARN

Date

References

Crock, Mary E and Laurie Berg, Immigration, Refugees And Forced Migration (Federation Press, 2011)

Raynor, Danielle and Richard Hicks, "Empathy And Coping As Predictors Of Professional Quality Of Life In Australian Registered Migration Agents (Rmas)" (2018) Psychiatry, Psychology and Law

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[Accessed 24 February 2024].

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My Assignment Help. Agreement Of Services And Fees For Immigration Services Essay. [Internet]. My Assignment Help. 2021 [cited 24 February 2024]. Available from: https://myassignmenthelp.com/free-samples/c06122v1-migration-law-and-practice/client-obligations-to-agent.html.

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