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QUESTION
John Smith is a recently registered migration agent. His first client, Mr Kevin Yap, is a citizen of Malaysia and a permanent resident of Australia.
John requested his client, Kevin, to deposit $1,100 for professional fees inclusive of GST, plus disbursements, for a Class BB subclass 155 Resident Return visa. Kevin is presently in Australia and wishes to lodge the application whilst he is still in Australia. As part of John's services he completed the application in accordance with Kevin's instructions and prepared submissions to support the application on the grounds that Kevin has personal and business ties which are of benefit to Australia. John also supplied Kevin with an agreement for fees and services. John had three lengthy conferences with Kevin which was two (2) hours each. John further researched the regulations and relevant policy which took approximately half an hour. John lodged the application and the accompanying submissions when he received the funds last week. The application was approved today.
(Total Marks: 10 marks)
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As per the Migration Agents Regulations 1998, John is required to provide Mr. Kevin a statement of services which include the following:
'(i) particulars of each service performed; and
(ii) the charge made in respect of each such service;'
As per the Code of Conduct, John Smith certainly has ethical obligations as a Migration Agent prior to receiving his professional fees and disbursements. The Code of Conduct clearly requires John to provide Mr. Kevin with a written statement. The written statement must inform the Client about the correct amount of visa charges required along with the application as per the Migration Act 1994. It must also advise the Client about the exact amount of fee to be charged from him/her. John is required to conduct due diligence before processing the request of Mr. Kevin whether he is likely to get the Class BB Subclass 155 Resident Return visa or not.
In this case, the Migration Agent i.e. John Smith has performed all his ethical obligations with due regard. The facts clearly point out that John had conducted three lengthy conferences with Mr. Kevin prior to starting his research. Also, John has lodged the application immediately on the receipt of the funds. Therefore, it is clear that John has performed all his ethical obligations of processing the application in time and informing the client of all the services that will be required related to the application.
