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P a g e | 1 Professional Task 1. You are a registered migration agent in Australia. 2. In conference with Jack Song at Villawood Immigration Detention Centre (VIDC), being a prospective client, Jack...

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P a g e | 1
Professional Task

1. You are a registered migration agent in Australia.

2. In conference 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
ecause of his criminal history in Australia.

3. Jack informed you that he no longer had the paperwork related to his recent
visa cancellation, as he lost the documents when he was transfe
ed from the
Yongah Hill Immigration Detention Centre (YHIDC) to the VIDC in Sydney.

4. Jack told you he wished to apply for a Protection visa (‘Subclass 866 visa’), as
he 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.

5. Jack further informed you that before he held the Subclass 851 visa, he held a
Temporary Protection visa (Subclass 785) in Australia. Jack also told you that
he has about $20,000 to spend on the Subclass 866 Protection visa application.
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’).

6. You are a registered migration agent with about seven years practical
experience. You provide immigration assistance through a business known as
‘Immigration Outcomes Pty Ltd (ACN XXXXXXXXXX)’. You employ two staff,
eing an Executive Assistant and a Paralegal (both of whom assist with
photocopying, legal research and administrative tasks).

7. You charge an hourly rate of $380 per hr (plus GST) for the provision of
immigration assistance. 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.

8. Occasionally, you set your professional fees at a fixed rate when providing
immigration assistance to clients. However, your preference is to charge on an
hourly basis and not be wedded to a fixed fee.

9. Your conference with Jack Song at the VIDC was free, as are all your first
conferences with prospective clients. After considering your conference notes
with Jack Song, you believe you can assist him.

In light of the preceding, please draft an ‘Agreement for Services and Fees’
(‘Agreement’) that you would put to Jack Song for execution.

P a g e | 2
Rules of Professional Task Assessment

1. Weight: 40%.

2. Word Count: 2,000 words (no footnotes).

3. Due Date: 29 September XXXXXXXXXX30pm, AEST).

4. Instructions on Submission: Turnitin link on the vUWS website for the unit. No other
form of submission will be accepted.

5. General Instructions: Students must complete this assessment on their own.
Students are not permitted to discuss their answers, or proposed answers, to this
assessment with anyone else. In completing this assessment, students must consider
elevant legislation, policy, and case law as applicable.
Answered Same Day Aug 21, 2021

Solution

Bichitrananda answered on Sep 07 2021
129 Votes
Immigration Outcome Pty Ltd
Trading as Immigration services
ACN: 475 293 397
AGREEMENT FOR SERVICES AND FEES
    Agent Details
    Name:
Address:
Email:
Phone:
    Business Details
    Name: Immigration Outcomes Pty Ltd
ACN Number: 475 293 397
    Client Details
    Name: Jack Song
Address:
Email:
Phone:
    Fees and Charges
    Fees and charges are set out in the ‘SCHEDULE OF FEES’ at the end of this document.
    Time Estimate
    The Agent estimates that the time taken to lodge the application will be
Information for the Client:
The terms and conditions for this agreement are set out below. By signing the bottom of each page, you are indicating that you have read and understood the terms on that page.
SERVICES TO BE PROVIDED (Strike out wherever not applicable)
The services to be provided under this agreement include:
    a. Providing advice to achieve the client’s objective to get a subclass 866 visa.
    
    b. Providing honest and frank guidance to successfully obtain the visa.
    
    c. Analysing the existing immigration law relating to the category of the visa being nominated for application.
    
    d. Providing assistance in the completion of the application forms that are relevant with a thorough checking.
    
    e. Assisting and giving advice in the documentation that backs the relevant application.
    
    f. Providing assistance in lodging of the Subclass 866 visa application.
    
    g. Preparing the relevant submissions that back the application to the Department of Immigration and Border Protection.
    
    h. Submission of the application without any delay.
    
    i. Supplying any additional information if requested by the Department on the receipt of the documents from the client wherever necessary
    
    j. Updating the client in detail with any progress in the application process.
    
    k. Providing assistance to the client for any complying requests made by the Department.
    
    l. Giving advice to the client on any alterations in the law that might impact the application when it is being processed.
    
    m. Providing immediate advice on the application’s results.
    
TERMS AND CONDITIONS
1. APPOINTMENT OF THE AGENT
The client Jack Song appoints the Agent to represent him and provide assistance regarding the application of the Visa and the services mentioned in the Agreement.
2. CODE OF CONDUCT ( THE CODE)
a. The Code is meant to regulate the behaviour of the registered migration agent by establishing an ethical business standard as a registered migration officer and to ensure the minimum characteristics and skills to be demonstrated as a registered migration agent by the people concerned.
. On request, the agent shall instantly supply the client with a copy of the Code. It can also be found at www.mara.com.au.
c. When the Code is modified in a manner that is inconsistent with that contract (as provided for in Annex 2 of the 1998 Migration Agent Regulation), the Customer and the Agent agree to change that contract in order to comply with the fresh Code.
d. When the Code is incompatible with the duties of an agent, or otherwise, as a legal practitioner or inconsistent with the country's laws, the agent and the customer agree to amend this Agreement in order to conform, to the extent of any discrepancy, to the laws of that country.
3. WHO WILL PERFORM THE WORK
a. The Client recognizes and agrees to the provision by a Registered Migration Agency or to a company's contracting agency of immigration help covered by this Agreement ("Responsible Agent").
. The Client recognizes and consents to the delegation, as necessary, of immigration help covered by this Agreement to other Registered Migration Agents.
c. The Client recognizes and consents to other staff's administrative services. Any employee operating for the company must be co
ectly overseen by the responsible agent.
4. THE AGENT GUARANTEES THAT HE OR SHE
a. Is registered with the Migrations Agent Registration Authority.
. Keeps the professional compensation of the insurance level that is needed.
c. Has no conflict of interest with part 2 of the code.
d. Will behave in compliance with legislation and the best interest of the client and cope competently, diligently and fairly.
e. Has thorough knowledge of the relevant laws to provide the agreed upon services competently.
f. Has agreed upon the advance of $10,000 before the commencing of the work and additional $10,000 on the completion of lodging the application for the subclass 866 visa.
g. Will inform the client in writing if the request made by the client is inaccurate or lacks a strong factual foundation.
h. The officer shall offer the guidance in writing within a reasonable period of time and may also offer the same advice orally and shall not retain unsubstantiated or unjustified opportunities for achievement in oral or written guidance to the client, if the client requests a probability of success of the application.
i. Will not create statements in support of an implementation under the Migration Act or the Migration Regulations or promote the making of statements that it understands or considers to be misleading or inco
ect.
j. Will make sure that the client has an interpreter or translator if he needs one.
k. Will provide a copy of the application and other documents on the client’s request.
l. Will record the client’s account details that has information
i. Regarding the date
ii. The date and sum of each withdrawal to...
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