Immigration Law | STATEMENT OF SERVICES

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LML5001 – Subject D: Applied Australian Migration Law and
Practice
Assessment Task 1 – Semester 2, 2015
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 on to your
computer, complete the details and insert it as the first page of your assessment.
A signature is not required when you submit electronically
3. This assignment comprises 10% 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.
7. All answers should be supported by reference to the relevant legislative
provisions of the Migration Act and Regulations.
8. 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.
9. A candidate whose answer to any question depends upon facts which are
not stated, must discuss the assumptions made and any relevant possible
alternative assumptions.
Assessment Criteria
Content 40%
1. Accurately answers question
2. References correctly where appropriate.
Understanding 40%
3. Justifies answers by clear reference to the relevant facts, identifying logical
assumptions made about the facts in answering questions, including further
information that may be required.
4. Demonstrates understanding of the requirements of the Migration Act,
Regulations, Migration Agents legislation and other relevant legislation.
Expression 20 %
5. Presents arguments and information clearly and logically.

Graduate Certificate in Australian
Migration Law & Practice

2

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.
Prepare a statement of services on behalf of John.

(6 marks)
(Maximum word limit: 300 words)
Briefly state what are John’s ethical obligations as a migration agent in terms
of the Code of Conduct prior to receiving his professional fees and
disbursements?

(4 marks)
(Maximum word limit: 200 words)
(Total Marks: 10 marks)

Description

Provision for a Code of Conduct for registered migration agents is given in Section 314 of the Migration Act 1958[1]and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.[2]As a migration agent, John has several obligations as it regards the Code of Conduct. First, a registered migration agent has an obligation to preserve the confidentiality of his or her client.[3] John must therefore, keep private all the information about Mr. Kevin.