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LAWS8650 Applied Australian Migration Law And Practice

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Halim Sayed is a recently registered migration agent. His first client, Mr Ning Xiao, is a citizen of China and is now a permanent resident of Australia. Ning is single. Halim recently assisted Chan with the completion of a Class EA Business Skills (Business Talent) subclass 132 visa.

Halim initially requested his client, Ning, to deposit $9,900 for professional fees inclusive of GST, plus disbursements, for a Class EA Business Skills (Business Talent) subclass 132 visa. This application and the trip to Hong Kong to attend the interview took Halim approximately 70 hours.

As part of Halim’s services he completed the application in accordance with Ning’s instructions, prepared a submission to support the application, researched policy and the law, reviewed financial statements prepared by the auditors and liaised with both the client and the Australian Embassy in Hong Kong. Halim also attended an interview with the client at the Australian Embassy in Hong Kong.

Halim supplied Ning with an agreement for fees and services.


a. Prepare a statement of services on behalf of Halim.

b. Briefly state what are Halim’s ethical obligations as a migration agent in terms of the Code of Conduct prior to receiving his professional fees and disbursements?


You are a registered migration agent. Dimitri Alexis comes to see you in your office. He is an Australian permanent resident. He explains to you that his wife, Heleni, is living in Greece with their daughter, Celesta (DOB: 15/04/2013). Heleni has applied for a subclass 309 Partner (Provisional) visa with Dimitri as her sponsor. Dimitri tells you that their daughter was born with severe hearing loss in both ears. Dimitri shows you a letter that Heleni has received from the DIBP. You read the DIBP letter which contains the following information:

“From the MOC opinion it is doubtful that the second named visa applicant will meet the PIC 4007(1)(c)(ii)(A) requirement as she has permanent severe bilateral hearing loss. The MOC finds that she may be a candidate for cochlear implantation. The MOC considers that a hypothetical person with this condition, at the same severity as the applicant, would be likely to require community services, during the applicant’s proposed stay in Australia. The MOC considers that the provision of community services to the hypothetical person in the circumstances defined would be likely to result in a significant cost to the Australian community in the area of community services. The MOC lists the cost to be between AUD 90,000 to 100,000. Under my authority as a delegate of the Minister, I now seek further information from you in regards to your daughter’s health. A health waiver is available under PIC 4007. Any information you wish to present in relation to the application of PIC 4007 should be forwarded to this office in writing by 4 June 2017.”

Dimitri tells you that his daughter has had regular hearing aids fitted and is progressing well. His wife is practising daily speech therapy exercises with her daughter and she is attending a mainstream kindergarten, without special assistance. Dimitri is a qualified dentist but has not been able to find work in this field. He is continuing to look for work in this area but in the meantime, he is working long hours, seven days a week, in a meat processing plant in a town called Northam, which is around two hours’ drive from Perth. Dimitri sends as much money to his wife and daughter as he can afford (approximately $8000 every 4 months). His wife is an accomplished cook specialising in Greek regional food. Before she had her daughter she ran a small but very popular restaurant in a tourist town outside of Athens, and she has written a cookbook about Greek family cooking. She is now facing discrimination in her home village because her husband has not lived with her and their daughter since their marriage.

Heleni and Dimitri married in March 2012. Dimitri migrated to Australia in June 2012, having been granted his visa prior to his marriage, and before he knew that his wife was pregnant with Celesta. His daughter was born after he arrived in Australia. Because of the Greek financial crisis, the plan was that Dimitri would precede his family here and, when he was settled and had found a job, he would act as sponsor for Heleni’s and Celesta’s subclass 309 visa application. The visa application was lodged in June 2014.

Dimitri dearly wants his wife and daughter to join him in Australia. Once he is able to stop sending money overseas then they can buy a house here and begin contributing to Australia as a family unit.

Dimitri tells you that he rang and spoke to the DIBP officer about the health of his daughter. However the DIBP officer told him that she required the information in writing. Dimitri is very worried about what to write and so he has come to you for advice.


Prepare a formal written submission on behalf of Dimitri to the Department of Immigration and Border Protection seeking a waiver of the health requirement for a subclass 309 visa. Refer to relevant legislation and policy in your submissions and make references in your submissions to all relevant supporting documents you would supply with the submission. You can assume for the purpose of the submissions that the marriage is genuine.

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