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.
(Maximum Word Limit: 1250 words)
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?
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