Graduate Diploma in Migration Law LML6001 – Practitioner Legal Skills for Australian Migration Law Assessment Task Part 1A

NOTE: TASK 1 COMPRISES TWO PARTS – PART A – SHORT ANSWER QUESTION AND PART B – MULTIPLE CHOICE QUESTIONS TO BE COMPLETED ONLINE AT THE END OF THE UNIT.

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.

3. This assignment comprises 10% of the assessment in this unit.

4. 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 legislation provisions.

8. A student, whose answer to any question depends upon facts which are not stated, must discuss all relevant alternatives.

9. 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.

Assessment Criteria:

1. Accurate answers to the questions demonstrating knowledge of legislative and regulatory provisions and applying problem solving skills.

2. Answers are justified by clear reference to the relevant facts, identify logical assumptions you have made about the facts in answering questions.

3. Arguments and information are clearly and logically presented.

4. Demonstrated understanding of principles and values of a registered migration agent.

Scenario:

You are a registered migration agent with over ten years of experience in the field. You are deeply passionate about migration law and committed to helping others navigate the complexities of the migration process in Australia. Over the years, you have witnessed many visa applicants fall victim to scams, which you find especially disheartening. Whenever possible, you do your utmost to assist these individuals and help them get their migration journey back on track—though it is often a very challenging path. You are encouraged by the Department of Home Affairs' recent campaign against visa scams, which you believe is a vital step toward protecting vulnerable applicants.

The campaign is found here:

https://immi.homeaffairs.gov.au/help-support/visa-scams/what-you-need-to-know

An extract of the campaign is as follows:

How to identify a visa scam

There are common ways you can identify a scam agent and visa scam. Be aware you may be scammed if:

• the advertisement lists only a first name and phone number

• the person corresponds with you via a messaging app, text message or social media, and you do not speak to or meet with them about your application

• the person lodges a visa application on your behalf and does not ask for any personal information, documentation or evidence in support of your application

• the person does not give you an official contract with their terms and conditions, or a receipt for their services. They may only offer you a handwritten contract or receipt

• the person gives you an Australian visa grant letter but you cannot find evidence of your visa in the Visa Entitlement Verification Online (VEVO) portal

• the person guarantees a positive visa outcome or Australian visa and makes promises that may seem too good to be true

• the person promises you permanent residence or citizenship in Australia

• you are told to pay a large amount of money upfront to guarantee or fast-track your visa. They may tell you there are only a few visas left and a payment is needed quickly

• you are told to get an Electronic Travel Authority (ETA), Visitor or lodge a Protection visa to be able to work

• the person tells you they will organise a visa to work in Australia but does not specify what the actual visa is

• you are offered a rate of pay below the minimum Australian wage. All workers in Australia, including visa holders, are entitled to the minimum wage

• you are told you can easily transfer from a university course to a Vocational Education course when you arrive in Australia while you are on a Student visa. You cannot move to a lower level course unless you get a new visa

• you are told you are allowed to work in Australia on an ETA or Visitor visa. If someone says you can work on an ETA or a Visitor visa, they are lying to you. The Department is aware of individuals and agents who are attempting to organise ETAs/Visitor visas and flights to Australia for people to work illegally

• the person claims to be a registered migration agent but they do not have a Migration Agent Registration Number (MARN) and they are not on the Office of the Migration Agents Registration Authority Office (OMARA) website.

As part of your personal development, you decide to hold a training session with your staff to ensure no one in your migration firm has done any of the above.

Question:

In light of these facts, if you or your staff, who are all registered migration agents, have engaged in any of the conduct described above, what breaches would you or your staff have committed under the Migration (Migration Agents Code of Conduct) Regulations 2021? Additionally, what steps would you implement to ensure that you and your staff comply with those obligations identified in the future?

You must support your answers by reference to the specific legislative provisions.