Procedural, Accounting, And Ethical Requirements For Migration Agents Under Migration Act 1958 (Essay).

Requirements under Migration Act 1958

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 1958

2.What are your Obligations as a registered Migration agent under the Code of Conduct?

1.To

Jeffery

Wood Engineering is hiring the migration agent; Jaffery Jacob who has completed the Graduate Certificate in Migration Law and Practice for became a migration agent.  In the company the Human Resource Manager has asked to him about his fees ad disbursement. Jaffery Jacob is now  provide the give the details of his fees and including $3,800.00 as professional fees including GST plus disbursements which will be pay to the Department of Immigration and Border Protection (DIBP).  For complete the migration agent he need to fill the forms under Migration Act 1958, the Migration Agents Regulations 1998 and the Code of Conduct[1].

The Migration Act 1958 was formed for the implementation of the administration in the Migration Reform Act 1992 through the Minister for Immigration and Border Protection.  The Australian Government has made the provision for the registration of the migration agent. The act has been proceeding for the misconduct of migration agent to work according to the code of conduct for the modification and development of the quality of services for migration[2].  

The person who is registered under this act must have the ability to control and enquiry about all the issues regarding the migration of visa and help to regulate the rules. when someone complain about any issue regarding the migration of the visa process then, the migration agent solve the migration process according to the needed. The Migration Agents Registration Authority (MARA) has working on the self-regulation of the migration process. The board members works through the MIA boards and works on the registration, monitoring, investigations, imposing disciplinary sanctions on migration agents. Sometimes they involve the lawyers in the process. The persons who are completed the age of 18 years can register for the migration agent under the 286 of the Migration Act 1958. Only individual persons can apply for the position under the 293 of Migration Act 1958 for completed the 18 years and above[3]. The partnership, an association or unincorporated bodies are not allowed to register for the migration agent[4]. When one migration agent is not able to attain the client due to sickness, leave of absence or having ceased to practice the then another migration agent can take the authority to control the case[5].

Obligations under Code of Conduct

The migration agent gets the registration by the registration under the Registration Applicants page from the MARA website which will only applicable in between 30 days of the register period. The sec- 288(3) of the Migration Act introduced the legislation where the registration must follow the MARA websites and sec- 288(5) of Migration Act 1958 provide the provision of giving fees of the registration under the through Migration Agents Registration Application Charge Regulations 1998 whereas, the sec- 294 of the Migration Act provide the legislation for the agent who should be the citizen of Australia who has the permanent resident of Australia or the New Zealand[6].

The MARA course must obtain and offered by the Australian National University (ACT), Griffith University (Qld), Victoria University (Vic) and Murdoch University (WA). Therefore they should pass the exam for applying for the registration. The migration agent must have the proficient in English and must score 6.5 in speaking, reading, listening and writing. The test will be taken through the IELTS test for getting the required 6.5 score in the English test. They are also require to be a fit, good character and integrity person and not have any past records of any undischarged bankrupts. In between 5 years the applicant never applies for cancellation of the registration certificate under sec- 292 of Migration Act[7]. They also require a character certificate from the Australian Federal Police[8].

The amount which must imposed for the allowance of the visa is included the general fees is $420, nomination fees must be $330 and for the main application the fees will be $1060. The other additional charges should be $700.

The applicant who is applying for the migration agent position should have the professional indemnity insurance. According to the sec- 292B of the Migration Act 1958 and Regulation 6B of the Migration Agents Regulations 1998 define the legislation where the applicant of the migration agent must get the coverage of minimum $250,000 of the professional indemnity insurance.  The insurance amount is only reusable when the migration agent applies for the repeat registration. The professional indemnity insurance only helps to the migration agents only when the insurance provider will provide the coverage to them[9].

The disbursement define the license conveyance which should be incurred by the solicitor or lawyer who can able to claim the amount out if the general convincing work. In every state the amount the disbursement is fixed for the charges of conveyancing work. It is proceed through the obtaining of the government certificates, registration of mortgage property, public authorities, and administrative documents like photocopying, mailing, pest inspection, attained settlement and strata reports under strata title. The out of pocket expenses defines the capital of amount which is paid by the individual through their own cash reserves[10].

The Class UC sub-class 457 Temporary Business Entry visa defines the visa opportunity where the workers who obtain their job in Australia for the temporary period. They should have a valid visa application under the Class UC sub-class 457 Temporary Business Entry visa. The important requirements are:

• The persons who are applying under the visa application must have the valid visa application which will be applicable for 4 years to take the resident n Australia along with their family members[11].
• The subclass 457 visa holders have no limitation for travelling in and out of Australia.
• The workers who will apply for the Class UC sub-class 457 Temporary Business Entry visa must have an approval from the sponsored of Department of Immigration and Border Protection.
• The workers must have the minimum skills in the English language.
• They should have a tested health certificate for applicant under the visa process.
• The 457 visa holders only allowed for the up to 4 years of temporary resident in Australia but a part of them they can also get the permanent residential visa in Australia trough the application under the Class UC sub-class 457 Temporary Business Entry visa only when they are able to prove the appropriate reason to get their permanent resident in Australia.
• The worker who holds the Class UC sub-class 457 Temporary Business visa only work under the nominated occupation of the sponsor employer. Without the sponsorship it is not possible for the workers to get the visa and resident in Australia[12].
• When the other workers are allowed to work under the Class UC sub-class 457 Temporary Business visa through a sponsor employee, the persons who are medical practitioners ad general managers have right to work under the associated entity trough the sponsor and in addition of the nominated occupations[13].

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 1958Subsection 314(1) which also fulfill the requirement of the conduct of migration of the individuals who want to advice their clients. The recognized requirements for the migration agents are:

• The migration agents should communicate or interact with their clients for having every detail of information and their status.
• The migration agents must fix their fees for solving the issues of the clients regarding the visa processing. When they processed with the clients it is their duty to keep every details and tract the fees and expenses which they will get for their services. They also need to maintain the financial management records of the client for future transaction.
• When one agent is not able to work fpr the client then another agent can work behalf of him. When the new migration agent works for the client they also need to maintain the records of the fees and other details of the clients[14].
• It is the duty of the migration agent that they will do their best behavior with the clients and act with proper honesty and diligence. The deals should be fair and good for them also.
• Under the code of the conduct of the migration agent also has the duty to establish of their best standard of the prudent system for the administration of the Australian government[15].
• The migration agent must find the issues regarding the migration process of visa and solve the issues according to the need of the clients in the migration process.

In the sub-class visa process there are two sectors where validity of visa has been described. In this case the problem has been occur when the applicant has stated that to the migration agent that she has been paid less for the visa application after four months of the lodging for the application. Therefore, according to the Migration Act the actual procedure should follow some Migration regulation where the terms and conditions should process accordingly. Here, according to case study, Josephine has stated to Jeffrey about her the non-payment for the applicant visa. Now for being a migration agent it is the duty of Jeffrey to solve the case according to the requirement of his client who is Josephine and proceed. Therefore, in this sector it can be stated that according to the code of conduct of Migration Act, an intension has been establish to solve the visa problems[16].

According to the Code of Conduct it has been also mentioned that the registered migration agent must follow the regulation and apply those as per the situation of the client. The regulation provides the rules and legislations about the behavior by the migration agent towards their client. They must proceed diligently and never violent the rules or make any violence with the clients also. Another issue has been found that the client has told to the migration agent about that she has been failed to pay the amount which must be payable to the company[17]. Now it is the duty of Jeffrey to investigate and enquiry about the issues which has been mentioned by Josephine of the less payment to the Wood Engineering[18]. He is the migration agent of Wood Engineering.  Therefore it is his duty to make the conversation with the client regarding the visa issues and communicate with them. In addition he has also the duties towards the client where it should be process with proper diligent and honesty towards the client and they must asked for the charges for their services[19].

References

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Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.

Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: An analysis of the 457 visa program." (2014).

Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.

Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: An analysis of the 457 visa program." (2014).

Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration 52.3 (2014): 21-25.

Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration 52.3 (2014): 21-25.

Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration 52.3 (2014): 21-25.

Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: An analysis of the 457 visa program." (2014).

Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.

Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration 52.3 (2014): 21-25.

Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the United States: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.

Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and qualification transferability amongst Irish 457 visa holders." Australian Geographer 47.4 (2016): 491-509.

Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration 52.3 (2014): 21-25.

Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.

Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.

Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and qualification transferability amongst Irish 457 visa holders." Australian Geographer 47.4 (2016): 491-509.

Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014

Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.

Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and qualification transferability amongst Irish 457 visa holders." Australian Geographer 47.4 (2016): 491-509.