Practitioner Legal Skills for Australian Migration Law Case Study – Law Assignment Help

Assignment Task

Task
You are a registered migration agent and to date, have assisted mostly in Partner visa applications. You have heard that the new Code of Conduct is coming into effect in March 2022 and this is an opportune time to review your processes when handling matters. You have a strict process of providing clients a copy of the Consumer Guide before you meet with them and always take the time to provide the clients a detailed service agreement. You find this works well as clients are never surprised when you provide them invoices for your work. However, sometimes you find you underquote some matters and you bear the loss as the agreement is on a fixed fee basis. You have found that you are getting most of your business from word of mouth referrals and found that one referral continues to send you clients that have complex matters. In particular, you find that these clients provide you with information that is circumspect and sometimes you feel like they provide you the information that you want to hear only to get the application through. To deal with this, you ensure that you get their final instructions in writing so you have a record. You find that your clients give you very good reviews on Google and this increases your client base too. You have also found that it is common for clients’ relationships to break down during processing. What you do to keep both clients happy and not lose the clients is to separate their files and continue to assist both.

When you find that their information may affect each other, you let the other client know and try to mediate to find the best outcome for the situation. Sometimes you find this works and sometimes you find the clients become very angry. When the clients become very angry, you terminate working for the client who complains the most out of the two and keep the other one as a client. You do provide clients a list of other recommended migration agents they can use if you terminate your services. More recently, you have found that you have had to expand your business to assist in other visa categories. In particular, one of your clients whom you assisted with a Partner visa started referring you clients seeking to apply for Skilled Employer Sponsored Regional (Provisional) (subclass 494) visas. You have been feeling a bit anxious about assisting but realise this is a good opportunity given the recent changes in the law. You have lodged three of these visa applications so far and unfortunately two have been refused as the clients did not meet the visa requirements. You feel like this is okay until you get a good grasp on this type of visa and feel like you have learnt from your mistakes. Your clients seem to accept that it is not your fault and the Department of Home Affairs had just been unfair.

Question
Q- In light of these facts, what are your obligations, if any, under the Migration (Migration Agents Code of Conduct) Regulations 2021 and what steps would
you implement to meet your obligations? You must support your answers by reference to the specific legislative provisions