Tuesday, May 5, 2020

Obligation under Code of Conduct-Free-Samples-Myassignmenthelp.com

Question: Mr Albert Wong, a citizen of China, is your first client and you are most anxious to assist him with his application for a Class AX, subclass 103 Parent (Migrant) Visa. You agree with Albert that your fees will be $2,250 inclusive of GST plus the DIBPs application fees on the basis that the application and submission will take approximately 15 hours to complete at $150 per hour. What are your obligations in relation to the Code of Conduct? Answer: According to the provision of the Migration Regulation Act and Code of Conduct, an agent has certain duties and obligation to the client which should have to be maintained at all circumstances[1]. Part 3 of the Code of Conduct has stated about the obligations and part 5 of the Code has stated about the provision on fees and charges regarding the proposed work[2]. However, in this case, it has been observed that Mr. Albert Wong needs assistance in respect of his application on subclass 103 Parent visa and an agreement has been made in between the agent and Mr. Albert Wong and fees of the agent has also been determined to this effect. According to the Migration Agents Regulation 1998 section 314 (1), it is the duty of every registered migration agent to perform their duties as per the provision of law and the agent should take proper care regarding the rights and interest of the client. A migration agent is required to act prudently while dealing with the client. An agent is obliged to act according to the provision of the Migration Act 1958 and Migration Regulations 1994. A registered migration agent should have to preserve the secret of his client and should not disclose the facts without his or her consent according to part 3 of the Code of Conduct. An agent is also an obligation not to disclose anything regards to the business or profession of the client to anyone without the consent of the client[3]. The main object of the Act is to establish standard duty of care for the migration agents. It is required by the Code that every migration agent should assist the client in accordance to their needs regarding the migration matter and he or she should have to perform their duty in good faith. The agents are required to have in depth knowledge on the migration related matters and will ensure the clients with all the possible assistance regarding the migration related matters. The agents are also played an important role in case of keeping the records of their clients. However, a migration agent is obliged to provide all the assistance to the clients and is required to provide a consumer guide to the client and an extra copy of the same should be kept with the agent. It is to be noted that the consumer guide has been published by the Migration Authorities that include the function of the authority and reasonable expectation of the client from the agent and the provision regarding complain process has also been provided. It is the duty of the agent to inform the client regarding the copies of application and related documents, if necessary[4]. The Code has given power to the agent to charge the client in respect of all these documents. An agent is obliged to mention an address and contact number during the time of dealing and in case of any change regarding the address or contact number, he will inform the client and the authority regarding the same within fourteen day from the change. In the given case[5], it has been observed that Mr. Wong is a Chinese resident and therefore, if he needs interpreter, the agent will provide the sam e to him and the agent is obliged to do the duty as per part 3.6 of Code of Conduct. It has been mentioned under Part 3 of the Code that the migration agent can imposed proper fees to the clients, but no specific fees has been mentioned under Part 5 of the Code. It has been stated under the part 5 that the agent should provide an estimate charge or fees for all his services and the agent is obliged to provide the criteria for time to the client so that the client can understand the potentiality of his work to the agent[6]. It is also the duty of the agent to provide all the details regarding the work to the client in written version. According to part 5.3 of the Code of conduct, an agent should not perform a work in any way that the proposed amount will exceed subsequently. In the given case it has been observed that Mr. Wong, who is a Chinese resident, has approached before the agent to provide him assistance regarding his Class AX sub-class 103 Parent visa. However, the agent has clarified his portion of charges to Mr. Wong and both the parties have given their consent over the issue on charges. However, the agent is required to generate a written copy to Mr. Wong regarding the fees. Further, the agent should give a specific time period for the completion of the projected work to Mr. Wong. It is the responsibility of the agent to interact with client properly and conduct his portion of duties in good faith[7]. The agent is obliged to act in accordance with the migration related legislations and always work for the legitimate interest of the clients. According to part 2.15, the agent is restricted to perform any of his work with malafide intention or coercively. He should not manipulate the cultural anxiety and will provide Mr. Wong an interpreter in c ase he needs so. The agent is also required to perform the work prudently; he needs not perform the job by discriminating his client[8]. Bibliography: Birchall, Ebony. "Hunger strikes in immigration detention: Regulation 5.35 of the'Migration Regulations' 1994 (Cth)."Precedent (Sydney, NSW)128 (2015): 52. De Haas, Hein, Katharina Natter, and Simona Vezzoli. "Conceptualizing and measuring migration policy change."Comparative Migration Studies3.1 (2015): 15. Hirsch, Asher Lazarus. "The Borders Beyond the Border: Australias Extraterritorial Migration Controls."Refugee Survey Quarterly36.3 (2017): 48-80. 'Home - Office Of The Migration Agents Registration Authority' (Mara.gov.au, 2018) https://www.mara.gov.au/ accessed 17 February 2018 Singh, Supriya. "Introducing a temporary visa for parents: Submission." (2016). Underhill, Elsa, and Malcolm Rimmer. "Layered vulnerability: Temporary migrants in Australian horticulture."Journal of Industrial Relations58.5 (2016): 608-626. Underhill, Elsa, et al. "Migration intermediaries and codes of conduct: Temporary migrant workers in Australian horticulture."Journal of Business Ethics(2016): 1-15. Wilson, Tom. "Can international migration forecasting be improved? The case of Australia."Migration Letters14.2 (2017): 285. Wilson, Tom. "Can international migration forecasting be improved? The case of Australia."Migration Letters14.2 (2017): 285. 'Home - Office Of The Migration Agents Registration Authority' (Mara.gov.au, 2018) https://www.mara.gov.au/ accessed 17 February 2018. Underhill, Elsa, et al. "Migration intermediaries and codes of conduct: Temporary migrant workers in Australian horticulture."Journal of Business Ethics(2016): 1-15. Hirsch, Asher Lazarus. "The Borders Beyond the Border: Australias Extraterritorial Migration Controls."Refugee Survey Quarterly36.3 (2017): 48-80. Singh, Supriya. "Introducing a temporary visa for parents: Submission." (2016). Underhill, Elsa, and Malcolm Rimmer. "Layered vulnerability: Temporary migrants in Australian horticulture."Journal of Industrial Relations58.5 (2016): 608-626. De Haas, Hein, Katharina Natter, and Simona Vezzoli. "Conceptualizing and measuring migration policy change."Comparative Migration Studies3.1 (2015): 15. Birchall, Ebony. "Hunger strikes in immigration detention: Regulation 5.35 of the'Migration Regulations' 1994 (Cth)."Precedent (Sydney, NSW)128 (2015): 52

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