You are a registered migration agent in Australia.
1. In conference with Jack Song at Villawood Immigration Detention Centre (VIDC), being a prospective client, Jack indicated that recently his Subclass 851 Resolution of Status (Class CD) visa (‘Subclass 851 visa’) was cancelled because of his criminal history in Australia.
2. Jack informed you that he no longer had the paperwork related to his recent visa cancellation, as he lost the documents when he was transferred from the Yongah Hill Immigration Detention Centre (YHIDC) to the VIDC in Sydney.
3. Jack told you he wished to apply for a Protection visa (‘Subclass 866 visa’), as he fled the Democratic People’s Republic of Korea (‘North Korea’) in 1987 and understands that if he is returned to North Korea, he will be either executed or otherwise suffer significant harm at the hands of North Korean authorities. 4. Jack further informed you that before he held the Subclass 851 visa, he held a Temporary Protection visa (Subclass 785) in Australia. Jack also told you that he has about $20,000 to spend on the Subclass 866 Protection visa application. Jack indicated he is willing to give you $10,000 upfront to ‘get the ball rolling’ and the additional $10,000 when the Protection visa application is completed and lodged with the Department of Home Affairs (‘the Department’).
5. You are a registered migration agent with about seven years practical experience. You provide immigration assistance through a business known as ‘Immigration Outcomes Pty Ltd (ACN 475 293 397)’. You employ two staff, being an Executive Assistant and a Paralegal (both of whom assist with photocopying, legal research and administrative tasks). 6. You charge an hourly rate of $380 per hr (plus GST) for the provision of immigration assistance. Your business holds an ‘ImmiAccount’ with the Department, where you lodge most visa applications for clients. However, where required, you also file paper-based applications from time to time.
7. Occasionally, you set your professional fees at a fixed rate when providing immigration assistance to clients. However, your preference is to charge on an hourly basis and not be wedded to a fixed fee. 8. Your conference with Jack Song at the VIDC was free, as are all your first conferences with prospective clients. After considering your conference notes with Jack Song, you believe you can assist him. Question: In light of the preceding, please draft an ‘Agreement for Services and Fees’ (‘Agreement’) that you would put to Jack Song for execution. • This assessment has a word count of 2,000 words (noting that there are no footnotes). • Students are required to employ the Australian Guide to Legal Citation referencing system in completing this assessment.
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