Understand Duties Obligations Of Registered Essay

Question:

Discuss About The Understand Duties Obligations Of Registered?

Answer:

Introducation

This letter is being address to you so that you are able to understand the duties and obligations of a registered migration agent along with the procedure required for the successful application of workers skilled temporary subclass 457 visa.All migration agents who are registered under them Migration Agent Registration Authority in Australia have to abide by the legal provisions of the Migration Act 1958, the Migration Regulations 1998 and the Code of Conduct set out for the migration agents in Schedule 2 of the MR[1]. The legislation and the regulation set out specific criteria following which migration agent would be able to avoid legal liabilities and properly carry out their functions towards a client.

Following the legislation and the regulation is not just a moral duty of the migration agent but it is a legal duty which is set out in Section 314 of the MA. The section clearly States that all migration agents in Australia have to abide by the code of conduct which is set by scheduled 2 of the Migration Regulation 1998[2].

As provided by Section 313 of the MA, a migration agent has to mandatorily provide a statement of services which must include details like the types of service to be provided and the fees which would be charged by the agent for providing such services[3]. The section further highlights that in case there is a failure on the part of the migration agent to provide the mentioned statement of service the client is under no obligation to pay any kind of fees to the migration agent.


In addition, if the migration agent wants to claim from the client the fees for the visa application in advance in such case it has to be remembered by a migration agent that a “client account” has to be created for such advanced transaction. The client account is totally different from a normal bank account of the client and the clients business account. This type of account is totally under the control of the client however the migration agent may take out money from the account as and when needed for the purpose of paying any fees related to the visa. The migration agent is not allowed to take out money from this account for professional fees until all services were to be provided by him have been completed[4].

The code of conduct further highlights regulation 6b of the MR which expressly states that a migration agent has to have in place a professional indemnity insurance so that any loss which can result out of his actions to the clients can be compensated by the insurance company.

A Sanction may be imposed by the Migration Agent Registration Authority (MARA) if any provision of the code of conduct is breached by the agents as per section 1.5 of the code. The code of conduct through part 2 provides that a migration agent always has to base his or her activity within the scope of law and the interest of the client which is legitimate. The part extends and provide that the agent must deal with the client fairly diligently and competently.

It is the duty of a migration agent after he has agreed to represent the client within a reasonable time confirm the instruction of the client in writing and act in accordance to the clients instructions it is also is duty to keep the client informed fully through writing about the process of each step which the agent has undertaken with respect to the visa application. The agent must also inform the client within a reasonable time after the case has been decided the outcome of the visa application. As provided by section 2.9 of the code under no circumstances can a migration agent support the application of a visa under the MR and the MA or encourage any effort towards making a visa application in case he or she believes or suspects search application to be inaccurate on misleading.


The work skilled visa subclass 457 allow a person to come and work in Australia if such person is sponsored by an approved business in Australia and nominated for a specific position. Any person who is making an application for this visa has to have the qualification for the position for which he has been nominated. The visa subclass 457 is provided for a period of 4 years if the qualification of the applicant comes under the provision of specific skills provided by the MR. It has been provided by the scenario that the position for which Josephine has been appointed is of an engineer and the qualification of Josephine is also of an engineer which comes under the provision of specific skills under the migration regulations. Thus, she would be provided this visa for a period of 4 years if the application is approved.

Further you have to take into account that specific document have to be submitted by Josephine if she wishes to be eligible for subclass 457 visa. These documents include qualification certificate, licence registration, reference provided by the previous employer, all educational qualifications and any skill test which may be required for the purpose of this visa. Form 956 has to be duly filled by Jeffrey so that he can notify the department about the services he is going to provide to would engineering. Further Jeffrey also has to provide the code of conduct and knowledge about all rides which would engineering are entitled to.

A duty is also imposed on Jeffrey according to which he has the obligation to provide the migration agent registration authority with information in relation to the amount of fees this is charged by him for his services. According to the migration agent registration authority the general fees for a temporary work skilled temporary subclass 457 visa ranges from $1800 to $5000 depending upon the situation and the qualification of the migration agent.

For the purpose of applying for work skilled temporary subclass 457 visa Jeffrey has to fill up form 166 on behalf of the visa applicant which is also known as a sponsored worker form. The minimum charges which are applicable for an application of subclass 457 visa from in or outside $1080.

Further Wood Engineering have the obligation to duly fill up form 1196 which is also known as employee sponsored work form. The form requires general business information such as documents with respect to Australian Security and Investment Commission, The Australian Business Number of the company and the Australian Registered Body Number.

The applicant of Work Skilled Temporary Subclass 457 visa is imposed with two specific conditions under the migration regulations which are conditions 8501 and 8107. According to the brief summary of these conditions holder of subclass 457 visa cannot work in Australia with respect to any other job other than what has been offered by the approved. As soon as the visa gets over the holder of the subclass 457 visa has to depart from Australia unless he is holding another substantial visa which allows further stay. In addition the holder of the 457 subclass visa has to start working for the employer within 60 days of their arrival in Australia. The visa applicant is allowed to travel in and out of Australia according to his wishes as long as the visa is valid. The visa holder is further allowed to bring their families to Australia for the purpose of education[5].

Yours faithfully

Although there are various duties which are imposed on the migration agent by law, there is a specific duty which the visa applicants must abide by and which is to make sure that the information provided by them to the agent is accurate and does not involve any kind of misrepresentation.Crock (2011) states that a mandatory obligation has been imposed on visa applicants that they ensure the information which has been provided by them to the migration agent has been done with the observance of complete honesty[6].

When the visa applicants fill up a visa application forms they must not indulge in providing any kind of incorrect or false information to the department of immigration and border protection as provided by section 101 of the MA.

The visa application of a person may be cancelled by the department if it is discovered that any incorrect or false information has been provided by the applicant according to Section 109 of the MA

Further if the visa application of a visa applicant is cancelled in accordance to Section 109 there are only a very few types of visa which can be applied by such applicant as provided by section 48 of the MA


Even if the applicant argues that he or she had no involvement in providing false information to the department and providing information was totally delegated to the migration agent they cannot avoid the liability under section 109. The matter was discussed in the famous case of Trivedi v Minister for Immigration and Border Protection where it was decided by the court that even though the plaintiff did not know that the information provided by him is incorrect, he is liable to get his visa cancelled[7].

The code of conduct for migration agents provides that it is the duty to act in the best interest of the client however while performing their duties towards a client under no circumstances the agents are allowed to Breach the provisions of any law existing in Australia.

Further, as provided by regulation 2.9 of the code of conduct the migration agent under no circumstances may provide his support or encourage a visa application by the applicant which he believes or has reasons to believe to be incorrect or misleading the department directly or indirectly.

In the particular circumstances where Jeffrey has been informed by Josephine that the salary provided to her is not similar to those which have been mentioned in the submission made by the company to the department. Wages to be provided to the Employees is an important criteria for determining the visa application. Thus, if the department finds out, which is most probable, that incorrect information has been provided to them the visa application of Josephine would be cancelled. Under the circumstances it is the duty of Jeffrey to notify the consequences of such action to the company and to ensure that correct an appropriate information is provided to the department in relation to the visa application.

References

Austlii (2017) <

Crock, Mary, and L. A. Berg. Immigration, refugees and forced migration: law, policy and practice in Australia. Federation Press, 2011.

Hollifield, James, Philip Martin, and PiaOrrenius. Controlling immigration: A global perspective. Stanford University Press, 2014.

Migration Act 1958

Migration Regulations 1998

Temporary Work (Skilled) Visa (Subclass 457) (2017) Border.gov.au<

Trivedi v minister for immigration and border protection 2014 FCAFC 42 (4 April 2014

[1]Austlii (2017) <

[2]Migration Regulations 1998

[3]Migration Act 1958

[4]Hollifield, James, Philip Martin, and PiaOrrenius. Controlling immigration: A global perspective. Stanford University Press, 2014.

[5]Temporary Work (Skilled) Visa (Subclass 457) (2017) Border.gov.au<

[6]Crock, Mary, and L. A. Berg. Immigration, refugees and forced migration: law, policy and practice in Australia. Federation Press, 2011.

[7]2014 FCAFC 42 (4 April 2014)

How to cite this essay: