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Applied Australia Migration Law

QUESTION

Halim Sayed is a recently registered migration agent. His first client, Mr Ning Xiao, is a citizen of China and is now a permanent resident of Australia. Ning is single. Halim recently assisted Chan with the completion of a Class EA Business Skills (Business Talent) subclass 132 visa.

Halim initially requested his client, Ning, to deposit $9,900 for professional fees inclusive of GST, plus disbursements, for a Class EA Business Skills (Business Talent) subclass 132 visa. This application and the trip to Hong Kong to attend the interview took Halim approximately 70 hours.

As part of Halim’s services he completed the application in accordance with Ning’s instructions, prepared a submission to support the application, researched policy and the law, reviewed financial statements prepared by the auditors and liaised with both the client and the Australian Embassy in Hong Kong. Halim also attended an interview with the client at the Australian Embassy in Hong Kong.


Halim supplied Ning with an agreement for fees and services.

Prepare a statement of services on behalf of Halim.


Briefly state what are Halim’s ethical obligations as a migration agent in terms of the Code of Conduct prior to receiving his professional fees and disbursements?


Answer

MIGRATION LAW AND PRACTICE


1.  Halim Sayed is a highly qualified person having Class EA Business Talent. He has his first client from China, who is now a permanent person of Australia. Halim’s client wanted to learn the skills and knowledge from business[1]


Halim follows a proper service and fees while conducting the application made by his client is Ning. The statement of service includes the researched policy and law, moreover keeping of exact financial statements made by the auditors and approved from the Australian Embassy that is located at Hong Kong. 


On the behalf of Halim, his assistant Chan has to follow the proper service for his client’s Mr Ning Xiao. A proper agreement for the fees and service is an important point of information from the client [2] . While starting of work, the client may have a copy of the made agreement that includes the fees structure, services and time based on the Code of Conduct and must be guided by Halim’s assistant Chan. Moreover, Halim’s working is based on the proper identifying of business talent among different client. It is very important to make the agreement for the local as well for migration agents. In the agreement, it clearly states about the service provided, legal requirements, Code of Conduct, fees structure, extra service charges, extra expenditure, account payment, Interest rate, prepayment of extra fees, contact number and insurance. 


This are the requirements required from the client while conducting of proper service mentioned clearly in the agreement [3] . The client may properly follow the agreement to fulfill the demand of the agent that is Halim Sayed. Moreover, this helps to understand properly about engaging of the services properly based upon legal agreements copy from Migration Act, Code of Conduct and Migration Regulations. He made the proper statements of agreements holding law for the proper execution of the work among to his first client Mr Ning Xiao. 


2. Mr Halim has properly made the fees structure and disbursements based on the Code of Conduct. The agents can make the proper business based on The Code of Conduct. [4] . Both the professional fees and disbursements are clearly stated in the agreement that is given to the clients. The professional fees are calculated because of working done in an hour. In this professional fee, Halim has charged an amount of $9,900 along with disbursements. Moreover, these professional fees are sometimes paid in the mode of prepayment for giving a security. A proper receipt copy helps to know the process of payment of professional fees from the client[5]


The customers or clients have their disbursement that includes with scholarship, loans etc that will be helpful at the time of giving professional fees to clients. The client makes this at the time of admission. Clients uses this disbursement at the time of performance of service. The agents while performing of duty and services use this disbursement [6] . This disbursement plays a positive role to the migration client as giving of fees to the agent while performing of service. This helps to solve the financial problem of the client while staying in abroad. 

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