Graduate Certificate in Australian Migration Law & Practice LML5000 – Subject A: Australian Migration Law & OMARA Assessment Task 2 – Semester 2, 2017 Instructions: 1. Students must answer all questions as indicated. Make certain all answers are clearly labelled. 2. Make certain that you enter your NAME and STUDENT NUMBER on each page. Insert them into the header or footer for ease. You must include a coversheet with your answers. This is available from the online centre. Save this page to your computer and insert it as the first page of your assessment. 3. This assignment comprises 35% of the assessment in this unit. 4. Your answers must be typed on one side of the paper, double-spaced and with a wide margin. Students should note that English expression; grammar and spelling are taken into account in assessment of their answers. 5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date for your class group. It is the responsibility of the student to ensure that the date for receipt is complied with. It is intended that all assessment be lodged electronically. This will automatically generate a receipt. 6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered to with each answer. If a task is received that exceeds the word limit it may be returned to the student. 7. All answers should be supported by reference to the relevant legislation provisions of the Migration Act and Regulations. 8. A candidate, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives. 9. REFERENCING: Students are required to use the Australian Guide to Legal Citation as the preferred method of referencing. You are also required to submit a bibliography for each assessment task and not merely a reference list. Assessment Criteria 1. Accurate answers to the questions demonstrating knowledge of legislative and regulatory provisions. 2. Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions. 3. Arguments and information are clearly and logically presented. 4. Demonstrated understanding of principles and values of a registered migration agent. 5. The variety of options available is discussed in your answers with an assessment of the risks where relevant.2 SCENARIO Jeffrey Jacob is a registered migration agent who has recently completed a Graduate Certificate in Migration Law and Practice. Jeffrey was consulted by Wood Engineering, a large civil engineering firm in Geelong, Victoria, as they wish to sponsor Josephine Ladders as a civil engineer under the Class UC sub-class 457 Temporary Business Entry visa. The Human Resources Manager from Wood Engineering enquired about Jeffrey’s professional fees and disbursements. All fees will be paid by Wood Engineering. Jeffrey quoted his professional fees would be $3,800.00 inclusive of GST plus disbursements to be paid to the Department of Immigration and Border Protection (DIBP) and any other disbursements. Jeffrey requested a payment of $1,500.00 upfront in order for him to commence work. The Human Resources Manager informed Jeffrey to proceed and stated that they would transfer the deposit by electronic transfer tomorrow and requested particulars of his bank account. 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, the Migration Agents Regulations 1998 and the Code of Conduct in relation to being appointed by Wood Engineering as their migration agent and charging them for the work. You are also required to stipulate, as far as practicable, all “disbursements and out of pocket expenses” and the requirements to make a valid visa application for a Class UC sub-class 457 Temporary Business Entry visa for Josephine. (25 marks) (Maximum Word Limit: 1250 words) QUESTION 2 Four months later, after the visa application for the Class UC sub-class 457 Temporary Business Entry visa was lodged, Josephine told Jeffrey that she is actually paid substantially less than the amount stipulated in her contract with Wood Engineering which was provided to DIBP. Jeffrey subsequently contacted Wood Engineering and they confirmed it was true that Josephine was paid substantially less than what was stated in her contract. What are your obligations as a registered migration agent (if any) under the Code of Conduct? (10 marks) (Maximum Word Limit: 500 words)