1.Prepare a letter of advice, in Plain English, for Jeffrey in relation to the Procedural, Accounting and Ethical requirements he would have to meet to Comply with the requirements under the Migration Act 1955.
2.What are your Obligations as a registered Migration agent under the Code of Conduct.
Mr. Jeffery Jacob
Subject: Letter of Procedure for Migration Agent
Dear Mr. Jacob
It is notified that the application is providing to you for the knowledge of the provisions of a migration agent under the Migration Law. You are hired by the Wood Engineering. Therefore we have the details of your Graduate Certificate in Migration Law and Practice for the position. For now you are appointed by the company and required to give details about the fees and disbursement to the company authority. The Human Resource Manager has asked for the details of fees and disbursement for his service toward the company. When you have given the details about the required fees where it has been mentioned about the professional fess which amount is $3, 8000 and included GST along with the amount of the disbursements and must paid to the department of immigration and border protection (DIBP). With the professional fees you are also requested to our company to pay another $1500 as the upfront of commencing work (Aleinikoff & Klusmeyer 2013). The company now again is asking you about the confirmation and the details of the bank account. Therefore, according to the Migration Act 1958 you need to accept all the terms and conditions where the Migration Agents Regulations 1998 and the Code of Conduct also applied to be a migration agent of Australia (Akbari & MacDonald 2014).
The Migration Act 1958 actually first introduced for the application and implementation in behalf of the Migration Reform Act 1992 through the minister for immigration and border protection. By the introduced of the Migration Act 1958 the Australia Government applied the Migration Registration Board. According to the regulation of the act it helps to control and monitor the registration process of the agents where the regulations also applied for them who misconduct their duties. The code of conduct also applied for the migration agents to help them to develop the standards of professional conduct according to their quality of services for migration. For the application a particular standard has been set according to the proficiency and knowledge. The ability of the agent should apply to control the Complaints and investigate the migration issues and also resolve them as per the requirement of the client (Aleinikoff & Klusmeyer 2013).
The Migration Agents Registration Authority (MARA) is another regulation for the migration process where agents are working on the self regulation. The MIA Board members comprised the migration process through the MARA (Aleinikoff & Klusmeyer 2013). The migration agent’s registration authority also works as per the need of investigations, monitoring, registrations, and imposing disciplinary sanctions through the migration agents. In some cases the MARA give suggestions from the lawyers (Akbari & MacDonald 2014).
The person who complete the age of minority and became 18 years can apply for the registration of the migration agents. According to the section 286 of the migration Act 1958, any individual person is able to apply for the registration of migration agents. Incorporation of partnership and Association of form or any incorporated bodies are not allowed to register for the position of migration agents as per the migration at 1958 (Aleinikoff & Klusmeyer 2013).
Any individual migrations agents belong from any law firm participate in that matter individually and take the responsibilities. Sometimes the appointed migration agent may not be able to attend the case matters due to sickness or leave of absence then other migration agent can take the responsibilities (Akbari & MacDonald 2014). The individual person who work as a registered migration agent he or she need to be registered or get the registration form from the registration applicants page in the Migration Agents Registration Authority or MARA in between 30 days of the announced continuing periods. The MARA website will provide the registration form for the applicants. Therefore you need to filled the for according to the regulation.
The section 288(5) of migration Act 1958 provides the provisions where the candidates of migration agents pay the registration fees through the registration application charge of Migration Regulation 1998. Along with it the section 294 of Migration Act 1958 introduced the legislation who is mentioned for the candidate or applicants of the migration agents should be the citizen of Australia or he or she must have the permanent residential address in Australia or the citizen of New Zealand according to the holder of special category of visa. Here, you need to follow the regulation appropriately.
The MARA course must obtain and offered by the Australian National University (ACT), Griffith University (Qld), Victoria University (Vic) and Murdoch University (WA). The applicant needs to apply for the exam of the registration and passed with a minimum number. The migration agent should pass with proficient in English along with a mandatory score of 6.5 in speaking, writing, reading and listening. You are also requested to apply for the examination and score accordingly. The migration agent must be an integrity person who is healthy, fit and have good character (Aleinikoff & Klusmeyer 2013). If the applicant have any past records regarding the undischarged bankrupts then he or she must not apply for the position otherwise they may get rejected. You are also requested to provide us appropriate documents. The applicant never applies for the cancellation of registration of migration agents in between 5 years after he applied. The section 292 of Migration Act leaves the provisions for the rejection of cancellation (Akbari & MacDonald 2014).
The Australian Federal police also give a character certificate of the applicant which is a mandatory but in registration the general face is $420 for the imposed visa allowance $330 for nomination face and the fees of the application is $1700 will be added for the additional charges. You must collect the certificate from the appropriate authority.
Another requirement for the candidate is having the professional indemnity insurance. The section 292(B) of the Migration Act 1958 and the Regulation 6D of the Migration Agents Regulation 1998 introduced the legislations for the applicant of the migration agent where he will get the $250,000 as a coverage of insurance on the professional indemnity insurance (Campbell & Tham 2014). The professional indemnity insurance helps the migration agents when the insurance provider gives them the coverage (Akbari & MacDonald 2014).
Therefore, you are requested to go through all the details of information and apply for the registration form.
The disbursement defines a convenience of license which can be incurred through a solicitor or lawyer and they have the right to claim the license amount for their general convincing work. The disbursement amount is changeable in different countries or States according to their convincing work. Disbursement license is processed show the implementation of registration of mortgage property government certificates public authorities along with administrative documents like photo copy, pest inspection, attain settlement, mailing and starter reports under starter title.
The out of pocket expenses is a kind of capital of amount which is paid to the on cash reserves by the individual (Boucher & Cerna 2014).
The Class UC sub-class 457 Temporary Business Entry visa is one of the important visa opportunity for the workers who want to do job in Australia in temporary time basis (Campbell & Tham 2014). They need to apply for the valid visa applications under Class UC sub-class 457 Temporary Business Entry visa where they need to complete some requirements those are:
- The applicant of the Class UC sub-class 457 Temporary Business Entry visa must apply for the valid visa application and the visa will give only 4 years to them to have the Residency in Australia along with their family members (Boucher & Cerna 2014).
- The subclass 457 visa holders have no limitations for travelling in and out of Australia.
- The applicants who will get the visa for working and Australia need an approval letter from the sponsored of department of immigration and border protection.
- The applicant should required to have the knowledge of minimum skills in English language.
- The worker who will obtain the visa must have a trusted health certificate under the visa process.
- The holder of Class UC sub-class 457 Temporary Business Entry visa only have the permissions of temporary residence in Australia up to 4 years. However according to the Australian government they can apply for the permanent residential visa to stay in Australia with another application where the workers need to describe proper reason or an appropriate prove to get the permanent residence (Aleinikoff & Klusmeyer 2013).
- The applicants who will hold Class UC sub-class 457 Temporary Business Entry visa only able to work under the nominated occupation by the sponsor employer.
- It also included that without the sponsorship the applicant never allowed with the class Class UC sub-class 457 Temporary Business Entry visa and residence in Australia (Campbell & Tham 2014).
After the process when the applicant will allow it to work and get the residence in Australia under the Class UC sub-class 457 Temporary Business Entry visa must need the sponsor employer. The applicants who are medical practitioners and general manager also get the permission to work under the associated entity through the sponsor and in addition of the nominated occupations (Boucher & Cerna 2014).
2.The Code of Conduct for the Migration agent is recognized under the Migration Agents Regulations 1998 No. 53, Schedule 2, Regulation 8 and the Migration Act 1958 Subsection 314(1) gives the provision of the conduct of migration of the individuals who want to be the adviser of their clients. The requirements of recognized migration agent must have:
- The migration agents must have the quality to communicate or interact with their clients for providing them every information and status of their living.
- The migration agent mast fixed fees for their service charges and regarding the visa processing issues of the clients.
- The client must provide there every detail and the fees regarding the expenses is related to the service charges must provide to the migration agents and if there is any needs of the financial management to keep the records for the future transactions then that also be processed (Boucher & Cerna 2014).
- If any consequence arises that the appointed migration agents must not able to attend the migration process due to some sickness or any other circumstances then he or she can give the duty or provide the duty to another agent who can work behalf of him (Murphy 2017).
- The migration agent should behave properly with the client and must give the service with honesty and diligence. The migration process must be fair and good.
- The code of the conduct establishes the duties for the migration agents to provide the best standard of the prudent systems through the administration of the Australian government (Campbell & Tham 2014).
The migration agent must investigate the issues of the visa process and resolves them as per the needs of the clients. The subclass visa process has validity for 4 years. The migration process is described by the migration act where the applicant or the migration agent must follow all the terms and conditions regarding the process (Murphy 2017). Here as per the case study Josephine is the client and Jeffrey is the migration agent who will be paid for the processing of the visa. As per the migration that it is the duty of Jeffrey to process properly following the code of conducts of migration act and resolves the issues regarding the visa problems (Campbell & Tham 2014).
The code of conduct establishes the rules where the registered migration agents have duty to follow up every Regulation and as per the need of the client he or she will apply the regulations. If the regulations not processed with diligences and violent terms then the clients and migration agents both can face the consequence (Boucher & Cerna 2014).
According to the case study the issue has been erased when just been stated to Jeffrey about the failure to pay the amount of the charges for the visa process to the company that Jeffrey must investigate and query the complete issues regarding the payment to the wood engineering. As a migration agent of wood engineering he will first communicate with the client about the visa issues and take every initiative steps according the migration rules and acts (Boucher & Cerna 2014).
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