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Law Assignment: Case Analysis Of AB Migration

Question

Task: Question:Scenario:
You are a junior RMA at AB Migration. AB Migration is owned by Ali Behood, a registered agent. Paul Moreno, a client of the firm who you assisted in the past, was granted a subclass 190 visa on 1 August 2019. He was sponsored by the Queensland Government. Included in his application was his spouse, Katrina Moreno. You undertook all the work, and were the RMA identified in the state nomination application and the visa application. At the time of grant, you notified him, closed the file, and returned the 2 original AFP checks and 2 original IELTS reports you had on file to the residential address that was listed on the visa application. No other address is recorded in the file. Questions 1. On 1 September 2020 you receive a letter from the Manager of Business and Skilled Migration Qld (BSMQ) addressed to Ali Behood of AB Migration, requesting the current residential address of Paul Moreno. The letter notes that he signed an undertaking as part of the subclass 190 state sponsorship process, including an obligation to update BSMQ of any changes of address. Write a file note for Ali explaining the following, and referencing all relevant legislation:

a. Who owes client obligations to Paul under the code – Ali, AB Migration, or you,
b. What client obligations are relevant to this request, and
c. How should Ali respond to BSMQ, and
d. What communication do you recommend with Paul.

Question 2. On 2 September 2020 you receive a notice from the Minister under Section 18 of the Migration Act 1958 (Cth) requiring that you provide the residential address of Katrina Moreno who the Minister has reason to believe is an unlawful non-citizen. The notice is addressed to you. Write a file note for Ali explaining:

a) the obligations related to responding to the notice under the Act, and
b) b your obligations to the client under the Code of Conduct.

Question 3. Ali responds to your file note suggesting that there are no obligations owed to Katrina Moreno as ‘She was not our client, and even if she was, she no longer is.’. He notes that Paul Moreno signed the client agreement, paid all fees and all communication was through him. Write a response to Ali in the form of a file note. Refer to the relevant legislation.

Question 4. On 3 September 2020 you receive an email from Katrina Moreno. She requests that you provide her with Paul Moreno’s contact details. Write a response, in email form, including explaining the relevant obligations under the Code of Conduct.

Question 5. On 4 September 2020 Paul emails you saying that he has been reviewing the accounts from his application, and he believes that he has overpaid you $100 when he deposited the fees and disbursements into your client account. He requests a refund of this money, and any interest that has accrued on the funds. You review his accounting and find that he is correct, and that the $100 has been retained in the client account and overlooked. You also note that the client account does accrue interest at the rate of 1% per annum. Write a file note for Ali explaining the obligations related to this request, identify any obligations under the Code of Conduct, and make recommendations for any changes to accounting and/or banking procedures in the future.

Question 6. Paul also requests a return of all documents, noting that 2 original AFP checks and 2 original IELTS reports were sent to you and not returned. Respond to Paul setting out the office processes for receiving and returning original documents, which were followed in this case. Include an explanation of how your office procedures comply with the Code of Conduct.

Question 7. While you are reviewing Paul’s file you notice something odd about the IELTS test report that was submitted to the Department. Some of the characters are not straight, and they appear to be in a different font to the rest of the document. Write a file note for Ali explaining your observations, and make recommendations for action for this particular case. Identify any relevant Code of Conduct obligations, and any MARA advice on this issue. Suggest any changes to document procedures in the future. Question 8. Paul is not satisfied by your responses, and asks you to explain what his options are to complain. Respond to Paul explaining MARA complaints processes. Refer to whatever material you have already provided him on this process.

Answer

Question 1
Issues

The issue involved in the case of Paul is that he has failed to present his current residential address during the form fill-up of his visa. It has been identified by the manager of Business and Skilled Migration Qld. It is necessary to ensure that there exists the current address of the client because he signed the subclass 190 state sponsorship that included an obligation to update the organization of BSMQ about any changes in his address.

Rules
According to the code of conduct of Australian Migration Law, it is the responsibility of the migration agent to communicate with the client about the migration, the charges and fees for migration and keeping the record for the agency along with the financial management . The responsibility of the migration agent to the agent of BSMQ, the employees worked with the agent and some requirement values that are used to respond whether a complaint is conducted against the agent.

Application
As stated by the code of conduct of Australian migration law, it is the responsibility of Ali to contact Paul for collecting the existing address of him and handle it to the agent of BSMQ. The obligation is legally obliged to Ali to take all the responsibility in his own hand and contact Paul for the current address of him . Therefore, if any information goes missing it will be held by Ali.

Conclusion
The code of conduct instructed the migration agent, in this case, Ali for collecting all the information by communicating with Paul, the client. Therefore, Ali needs to communicate with Paul by e-mail where he is required to ask Paul about his existing address, who is obliged by the BSMQ and as the rule, it has to be handed over by the migration agent, not the person who migrated through the agency.

Question 2
Issues

The issue involved in the case is that the agency received another notice which instructs them to provide the residential address of Katrina Moreno, who actually is not obliged by the AB migration as well as Ali. The minister of BSMQ under section 18 of the Migration Act 1958 stated that it is required to collect the existing address of Katrina, the spouse of Paul, and to know the BSMQ that the obligation of Ali.

Rules
According to Section 18 of the Migration Act 1958 of Australian federation, it legally obliges the agency to provide information to the minster of every individual who is assumed to be an unlawful non-citizen . According to the code of conduct of migration law, the migration agency is obliged to provide information about the client only, who is Paul and not any other individual who has been registered along with the client.

Application
Since the minster of BSMQ instructed the migration agent about the information of Katrina so they have the obligation to inform the client. But, the obligation of the client under the code of conduct of the Australian Migration Act stated that Ali required to inform Paul that it has been instructed to hand over the residential address of Katrina to the minster of BSMQ . Therefore, Katrina needs to be the client of AB migration so that Ali can submit her address as well.

Conclusion
The Migration Act 1958 under section 18 is has been stated that the agency has to give every information about the client who assumed to be an unlawful non-citizen. But in this case, Paul is the only client of AB migration and the minister of BSMQ instructed to collect the residential address of Katrina who is not the client of AB migration and under the code of conduct, there is no obligation to the person who is not a client of migration agency.

Question 3
Issues

The issues recognized in this particular case is that Ali claimed that Katrina is not a client of his agency. Paul, the client of AB migration has signed as the agent of Katrina and the overall responsibility of Katrina in fulfilled by Paul. Therefore, according to Ali, if the minister of BSMQ instructed to give the residential address of Katrina it is the responsibility of Paul to hand over the information and there is no obligation about Ali.

Rules
According to the code of conduct of the Australian Migration Act 1958, the overall responsibility of a client is over to the agent and if there is any mistake or the visa get expired then the government of the country can deport that person . Therefore, the agency or the agent needs to submit a query for any kind of information and any instruction given by the BSMQ minister. By communicating over the mail it can be discussed.

Application
Though the client has been registered his spouse name in the application form and as stated by the code of conduct of the Australian Migration Act 1958 that, it is the responsibility of the agent to collect every information of the client with his own hand . Therefore, Ali needs to collect the residential address of Katrina as Paul mentioned her name in the application form and submitted to the minister of BSMQ.

Conclusion
According to the code of conduct of the Australian Migration Act, it is required to communicate with the client for any information and the overall responsibility of the client is over the agency and the agent. In this case, where BSMQ instructed to submit the residential address of Katrina, it is the responsibility of Ali to collect it by communicating over email and submit it to the minister of BSMQ within the guidance of AB migration.

Question 4

To: katrinamoreno@gmail.com

CC

BCC

Subject:  Informing about code of conduct

Madam

According to the Code of Conduct of the Australian Migration Act 1958, it has been confirmed that AB migration agency is not available to share any personal details of their client to anyone. Therefore, Paul is a client of AB migration and his personal information such as residential address cannot be shared with you. Any kind of unlawful activity is strictly prohibited in this agency and the requested details are not possible to share.

We are obliged under the code of conduct of the Australian Migration Act and we regret that we failed to satisfy your query and provide you information of another client.

 

Junior RMA

AB Migration

Question 5
Issues

The issue acknowledged in this particular case is improper verification of financial accounts which resulted in retaining $100 from the client account and it was overlooked. Also, the client account has accrued interest at the rate of 1% per annum. Therefore, it is the responsibility of Ali to refund the amount within interest and verify its financial accounts carefully. This type of mistake can make negative feedback and it will be a great loss for the agency.

Rules
According to part 7 of the code of conduct of the Australian Migration Act 1958, it is the responsibility of the agent to maintain the operation of expenses and inform about the fees and disbursement . It is also the responsibility of the client to prevent any of the financial issues faced by the client. The agency must have to be liable if any financial mistakes ever happened then the agency needs to rectify it as soon as possible

Application
According to part 7 of the code of conduct of the Australian Migration Act 1958, it is the responsibility of the AB migration agency to inform Paul about the financial mistake and refund the amount within the interest of 1% per annum. The agency required to be careful about that type of mistake and for the next time, check every transaction account minutely whether any of the mistakes happened .

Conclusion
As stated by the legal rules and regulations to refund every extra amount by the client and inform clearly about the fees and disbursement structure. It is the liability for the AB migration agency to Paul as a client, he will get the refund amount and the interest also. The relationship between the client and agency will be intact and any kind of negative feedback will be verified properly for the next time. The financial mistake will be rectified for the very next time.

Question 6

To:paulmoreno@gmail.com

CC:

BCC:

Subject:  Informing about the Code of Conduct

It is to be notified to you, all the documents are returned to your residential address, now whether you do not have any of the documents then it can be sent after 7 years. The documents of the copy of your application and copy of every written communication will be stored in our records for seven years. According to the code of conduct under part 6 of the Australian Migration Act 1958, it is the responsibility for the agent to keep all the client’s document stored and confidential for 7 years after the date of the last action on the file. Therefore, the documents cannot be returned to you and we are bound to the legislation of the government act. After the completion of 7 years period, we will be handing over all the documents related to you will be sent over by post or other options. Within this time limit, we can ensure you that all the documents will be kept safe and the highest confidentiality will be maintained by us.

We only have permission for submitting the confidential documents for inspection under the Migration Agents Registration Authority (MARA). All the documents can be reviewed by MARA and you have the right to file complaints about any dissatisfaction to them. 

 

Question 7
Issue

The issue observed while removing the file of Paul includes some odd aspects in the IELTS test report which was submitted to the department. It was observed that some characters but not straight and appeared to be of the different font from the rest of the document. The difference in the different fonts throughout the document can generate issues for Paul during visa verification. The identified issues included lack of information provided to Paul which must be rectified at earliest.

Rules
According to the code of conduct implemented on migration agencies under the migration law 1958 by the Australian government, it is a responsibility of the migration agency to inform and interact with the client regarding issues in the documents and avoid financial loss to a client . It is the responsibility of the migration agent to understand the issues faced by the clients and inform them about the changes which can be made in the document procedures in future.

Application
According to the code of conduct of migration law of Australia, Ali must understand his obligations towards his customers and inform Paul about the different fonts and characters throughout the document . Ali can recommend changing the document process from offline mode using pen and pencil to the online mode which reduces the risk of legal implications regarding the variation of the font in the documents. Informing Paul about the change possible in the documenting process would allow him to ensure that he can change the documents submitted for the visa in future.

Conclusion
The code of conduct and migration act the migration agents to verify the documents submitted by the client and store them for 7 years to ensure that their client faces no issues after filing an application for Visa. The documentation process can be shifted from offline to online more to ensure that issues regarding the difference in characters and phones can be avoided and help the clients to deal with legal complications in future.

Question 8

To:paulmoreno@gmail.com

CC:

BCC

Subject:  Informing about MARA complaints process

Sir,

We are obliged to inform you about the process of complaining about our agency to the MARA. You need to complete the online complaint form available at the website of MARA and attach the below-mentioned items to ensure that you can upload all of them as a word document. 

We would inform you about the process of registering a complaint to the Migration Agent Registration Authority (MARA). The MARA complaint process would require you to have power full agent name along with the address and the Migration Agent Registration Number (MARN). You would require us to submit the agreement for service and fees to the authority along with proof and receipt of payment you have paid to us. You need to provide correspondence mail seen from our department. Also, you need to provide a copy of the complaint letter and email sent to us along with our response which was unsatisfied. You also need to ensure that you can attach letters and emails you have to support your complaint and finally a written summary of your complaint.

We have provided you with our agent name address and MARN. Also, you have the copy of the agreement for service and fees as well as proof of payment.

 

Junior RMA

AB Migration

?

Bibliography
"Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au (Webpage, 2020)

"Code Of Conduct", Mara.Gov.Au (Webpage, 2020) "Migration Act 1958", Legislation.Gov.Au (Webpage, 2020) https://www.legislation.gov.au/Details/C2018C00337

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