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LAWS8167 Australian Migration Law

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LAWS8167 Australian Migration Law

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LAWS8167 Australian Migration Law

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Course Code: LAWS8167
University: Australian National University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Question:

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.

Answer:
Introdution:

It is to bring to your attention that in context of meeting with us in conference at Villawood Immigration Detention Centre (VIDC) and sharing the valuable information and issues which you have been facing in relation to the immigration assistance.
As per the laws and provision of the migration assistance and code of conduct, the attached disclosure of specific matters of the Immigration Outcomes Pty Ltd (ACN 475 293 397) has been shared herewith.
The services charged fees taken by the Immigration Outcomes Pty Ltd (ACN 475 293 397) will be on the basis of the cost sheet of the immigration assistance provided to clients.
Please hereby confirm the acknowledgement of the disclosure and your acceptance of the cost agreement by signing and return the same to the enclosed agreement.
Further work will be done accordingly only after the first drafted documents.

Royal Paul will be handling all the administration and documentation work under the supervision of Mr Jon, Administrative Manager.

Prior to signing the enclosed agreement, you need to understand the legal binding and expected compliance program with its applicable terms in the agreement. This agreement covers all the applicable laws and rules Subclass 866 Protection visa application and other terms.
In signed agreement related to terms and fees contract, you are agreed to all the terms and conditions and related fees which may be charged as may be given in the cost fees sheet enclosed.
Yours faithfully
Immigration Outcomes Pty Ltd (ACN 475 293 397
immigrationassistance@gmail.com

Obligation to you

1. 

All the applicable code of conduct and professionalism as per the contract law would be followed.

Shared information

2. 

You will be disclosed all the substantial changes and amendment in the laws if it comes during the contract period of our agreement.

Cost and negotiating agreement

3. 

You are put at your liberty to negotiate the fees charged on the basis of the shared cost sheet with you subject to the acceptance.

Undertaken work in agreement

4. 

You have asked us to do the following work for you.
Undertaken the immigration facility and assistance.
Work related to Temporary Protection visa (Subclass 785)
Works related to compliance with the laws and regulation of Subclass 866 protection visa application.

Progress report of the undertaken work

5. 

The complete details of the work progress will be shared with you on timely basis and certain charged would be made as per the cost sheet.

Charging the legal cost
Para. 5.2
(Code)

6. 

The profession cost of ‘Immigration Outcomes Pty Ltd (ACN 475 293 397) will be as per the details below mentioned –
· Charges made for the professional work
· Charges for the provisional assistance work, and
· Immigration facility and assistance charge.
· Fees for the visa assessment services.
· Advice  regarding the visa condition and requirements.
· Liaise with the DAIC during the processing time of the visa application with the migration department.
This amount will be charged including GST as per the law.

Legal costing
Para 5.2 (Code)

7. 

The professional fees charged for Undertaken the immigration facility and assistance, work related to Temporary Protection visa (Subclass 785), works related to compliance with the laws and regulation of Subclass 866 protection visa application will be as fellow  –

· Professional fees
· Immigration facility and assistance charge 
· Liaise with the DAIC during the processing time of the visa application with the migration department

$255
$275
$265

Further charges could be seen with the attached cost sheet in the appendix attached.
This is the agreed sum which would be required for the migration services.
 
.
(i) All work would be done as per request made by the Jack himself.
(ii) All additional work would be done as per the clear intimation from the Jack.
(iii) In case of substantial change he has to-
· Notify all the current details of his address and phone number or
· Respond through the mails and calls
The payment for the work would be as fellow:
(i) $275 will be charged as initial cost when you sign the agreement cost,
(ii) $255 will be charged for the further costing of the busienss.
The tax invoice will be given to for your each payment including the GST as supporting document for your payment.

No refunds

8. 

PLEASE NOTE: ‘Immigration Outcomes Pty Ltd (ACN 475 293 397)’ would not be liable for the refund of the initial cost if you terminate the contract.

Particular of the migration services performed by company
5.313 Migration Act, 1958

9. 

As per the section 313 migration act, it imposes obligation to take all the related document of the clients while providing the migration assistance and respective charges would be taken for the documentation and of further costing.
While signing the agreement, Jack agrees to the received in full satisfaction of the section 313 and provide all the required documents.

Our professional costs for additional work
Para 5.2

10. 

· All the legal cost and other additional work cost will be charged and calculated on the basis of the current migration assistance cost for the professional and Charges made for the professional work and provisional assistance work, Immigration facility and assistance charge, fees for the visa assessment services, advice regarding the visa condition and requirements and liaise with the DAIC during the processing time of the visa application with the migration department. This amount will be charged including GST as per the law

Professional work costing
 (Subject to paragraph 7 of this agreement)
 

11. 

The computation of the legal cost and other charges will be determined on the basis of the time taken and practitioner’s works. The calculation would be based on the time in minute increment with the following hourly rates.  
Charges for the principle services                 $575
Charges made for the professional work       $555
 Provisional assistance work                          $375
 Immigration facility and assistance charge   $ 454
Fees for the visa assessment services             $555
 Liaise with the DAIC during the processing time of the visa application with the migration department.                        $455

Computation of the cost of the services
(subject to paragraph 7 of this agreement)

12. 

The estimated cost of the Liaise with the DAIC during the processing time of the visa application with the migration department including the provisional migration assistance services would be around $ 1255  It is the estimated costing and will be charged accordingly:
   Charges per copy                                 $1.55
   Colour copy per page                           $1.10
     Fax and mail sent per page                 $1.10

Computation and cost disbursement amount

13. 

We expect that following expenses would be incurred:
 Preparation of the visa application                              $225
Liaise with the DAIC during the processing time of the visa application with the migration department                                     $275
Administration costing (postage and other charge       $ 200
If in case any further expenses would be made then we will let you know all the required details and related documents.

Legal Costing

14. 

You may contact Administration officer for the further details

Bills, legal fees and related costing would be made

15. 

You will receive all the details and documents for the fees charged from you.
You will be billed-
· For the work done for your,
For the additional charges such as preparation of the visa application                            ,Liaise with the DAIC during the processing time of the visa application with the migration department  and Administration costing (postage and other charge       
On request will provide the cost sheet maintained for your bill without any further charges.
You have right to ask for all the itemised bill if you pay lump sum amount for our bill.
It is to your notice that if the agreed price is not paid within 30 days then you will be charged interest on the payment as per the ‘cash rate target’ for the Reserve Bank of Australia (RBA) for that month and year (https://www.rba.gov.au/statistics/cash-rate.html).
If you find any issue in the bill then you could raise your query and take possible actions such as
(a) Application to mediation, or
(b) Discuss the concerned with the team
(c) Apply for the cost assessment
(d) Apply to court.
Cost assessment application would be made within 12 month-

Relevant Law

16. 

The laws and rules of the state territory where Jack resides will be applicable.

‘Immigration Outcomes Pty Ltd (ACN 475 293 397) 

Jack Song

Offer to enter Agreement for Services and Fees’ (‘Agreement’)

1. 

‘Immigration Outcomes Pty Ltd (ACN 475 293 397)  offers to enter in Agreement for Services and Fees’ (‘Agreement’)  with the Jack for the migration services and provision of immigration assistance for clearing his visa as per the Temporary Protection visa (Subclass 785) in Australia.

Acceptance

2. 

Jack may accept the offer in writing, or dating and recurring the enclosed copy with his consent. After that, the work will be started.
 

The work

3. 

Once you accept this costs agreement it will apply to the following work:
COPY AND INSERT THE SAME CONCISE DESCRIPTION OF THE WORK AS STATED IN THE COVERING LETTER

Costs agreement

4. 

You will agree to pay professional fees as per the charge an hourly rate of $380 per hour (plus GST) for the provision of immigration assistance. The documents and other details will be shared with you for the same in the reasonable period of time.

Our legal costs

5. 

The professional immigration fees charged from the Jack would include
Preparation of the visa application                              $225
Liaise with the DAIC during the processing time of the visa application with the migration department                                     $275
Administration costing (postage and other charge       $ 200
If in case any further expenses would be made then we will let you know all the required details and related documents.
These all amount include all the amount of costing.

Calculation of charges for disbursements incurred

6. 

The any amount incurred by us will be charged at cost after deducting the GST from the clients.

Our professional costs for additional work

7. 

The legal costs for the professional migration work done for Jack will be in addition to the work which will be used for calculation of the current rates of our professional services fees.

Client account monies

8. 

Some of the amount based on the professional fees and other required expenses will be charged from the Jack in advance.
Jack will be liable to pay all legal services cost in advance in advance as per the Code of Conduct at paragraphs 7.2 and 7.3.

Invoicing and interest on unpaid

9. 

All the invoice and details will be sent to you in the cost sheet-
· The legal costs for the professional migration work done for Jack For any additional work- monthly and at the conclusion of the additional work.
· Agreement for Services and Fees’ (‘Agreement’)  with the Jack for the migration services and provision of immigration assistance of our tax invoice.
· You agree to pay the entire additional costing amount within 21 days.

Interest

10. 

Interest may be charged on the unpaid amount left after 21 days

Destruction of files and documents

11. 

You agree to the fact that we may destroy your files and documents after 7 years of your work done as in accordance with  paragraph 6.2(b) of the Code of Conduct.

Privacy Protection

12. 

All your information will be kept confidential. 

Termination of this costs agreement

13. 

On the termination of the agreement no refund will be made until and unless it is fault made from our side.
 

Governing Law

14. 

The governing law of the states in which Jack resides will be applicable in the cost service agreement.

Warning

15. 

You are supposed to read all the terms and conditions and sign it within 28 days.
We would notify the department of the immigration and citizenship that we are performing or acting for your within 28 days since the time you sign the contract.

Immigration Outcomes Pty Ltd (ACN 475 293 397)

Jack

Bibliography
Merkert, Rico, and Basil O’Fee. “Managerial perceptions of incentives for and barriers to competing for regional PSO air service contracts.” Transport Policy 47 (2016): 22-33.
Newland, Kathleen. “Migration as a factor in development and poverty reduction: the impact of rich countries’ immigration policies on the prospects of the poor.” Impact of Rich Countries’ Policies on Poor Countries. Routledge, 2017. 187-213.
Wickramasekara, Piyasiri. “Bilateral agreements and memoranda of understanding on migration of low skilled workers: a review.” (2015).
Morales, Katelin. “Australia’s Guantanamo Bay: How Australian Migration Laws Violate the United Nations Convention against Torture.” Am. U. Int’l L. Rev. 31 (2016): 327.
Berg, Laurie. Migrant Rights at Work: Law’s precariousness at the intersection of immigration and labour. Routledge, 2015.
Jacobs, Keith. Experience and representation: contemporary perspectives on migration in Australia. Routledge, 2016.
Lovelock, Kirsten. “Intercountry adoption as a migratory practice: A comparative analysis of intercountry adoption and immigration policy and practice in the United States, Canada and New Zealand in the post WW II period.” International Migration Review 34.3 (2010): 907-949.
Meyers, Eytan. International immigration policy: A theoretical and comparative analysis. Springer, 2004.
Karamanian, Susan L. “Legal aspects of the Sino-British draft agreement on the future of Hong Kong.” Tex. Int’l LJ 20 (2015): 167.
Sutter, John D., and Joshua Berlinger. “Final draft of climate deal formally accepted in Paris.” CNN. Cable News Network(2015).

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