Australian Migration Law

This document contains two letters of advice from a registered migrating agent. The first letter provides advice on the Temporary Skill Shortage Visa (Subclass 482) and its eligibility criteria. The second letter discusses the principles and values of a registered migrating agent and the rules laid down by the Migrating Agent Regulations 1994. The letter also explains the financial obligations of a migrating agent and the record-keeping requirements.

AUSTRALIAN MIGRATION LAW
1

Table of contents
Question 1: Letter of advice.......................................................................................................3
Question 2: Letter of advice.......................................................................................................6
Reference list (including Bibliography).....................................................................................9
2

Question 1: Letter of advice
Dear Jerry, 5th September 2018
It is very fortunate for me that I will have to find out a solution to a problem that you have
encountered. I see that you have encountered with certain problems related to the Temporary
skill shortage visa.
The subclass 482 Temporary skill shortage VISA is a kind of visa that can help the
employers to bring in non-Australian employees in order to remove the skill shortage1.
Similarly, in this case, the Hyatt Hotel can sponsor you under Class GK subclass 4182 skill
shortage visa in order to employ you in their hotel as a foreign employee.
As per the rule, TSS visa holders can are allowed to perform in the domain in which they are
selected for. There are three different streams which comprise of their approved sponsor.
First one is the short term agreement then the long-term agreement and the final one is the
labour agreement2.
Now in order to know about the return policy you need to go through the VISA conditions
determining the eligibility, period of stay in overseas and the cost. As per the eligibility is
concerned one has to achieve the skills in order to go into a selected position by a concern
that is approved in a selected domain. Besides, the length of stay, in this case, is from one
year to four years and finally, the cost of this visa is 1175 AUD3.
From this, it is clear that you can stay in Australia as a worker at the Hyatt hotel from one to
four years or depending on the circumstances. If you wish to stay forever with this visa, it
may not work.
1 Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/482->.
2 George Eliot, The Mill On The Floss (Open Road Integrated Media, 2016)
3 Joanna Howe and Alexander Reilly, "Meeting Australia's Labour Needs: The Case For A
New Low-Skill Work Visa" (2015) 43(2) Federal Law Review.
3

Besides, there are further conditions based on sponsorship, age, education, skills, language
and communication and others4.
Regarding sponsorship, you might get this visa if you are selected for a position that is
approved. If you apply for a visa your employer or the Hyatt hotel needs to give a
nomination form. If Hyatt hotel is an approved sponsor then they are eligible to do this.
Regarding the age, there is no bar. Third comes the English language requirements. You can
go for this VISA provided that you have fluency in reading, writing and speaking English
language5. Such can be determined through language proficiency exams which are similar to
English language exams related with Pearson and others. The test has to be completed in
three years from the date of application.
Regarding skill, one has to show that he or she has the necessary skills for getting employed
in the selected occupation. You need to show the skills of a chef that you were renowned in
China. Such skills can be demonstrated through professional certificates, the licence as a
chef, the previous employment details when you have worked in China along with the CV or
resume. Moreover, if you are a VISA applicant on a primary stage you need to have two
years of experience stating that you have worked as a chef.
Health is another condition. Regarding health, you need to show that you are healthy enough
to work overseas. Such can be determined through fitness certificates. Besides, sufficient
documents related to health insurance should be possessed while working overseas. You need
to have a health cover that is covered by the insurance.
4 Beryl Lieff Benderly, "Skill Shortage Or Ineffective Hiring?" [2014] Science.
5 Beryl Lieff Benderly, "The Immigration Bill And The High-Skill Job Market"
[2013] Science.
4

When you accept the nomination you need to have proper health examinations stating the
medical history. Such will be given in a medical referral letter. Such health examination can
be made through any migration medical services provider. One of them is Bupa Medical Visa
services. If the health examinations are conducted outside Australia, health examinations
must be arranged by a doctor who provides a health certificate for migration.
Next is the character, the condition character states that one getting the visa must be of a
good character through the character tests. The character test will show that you do not have
any criminal record or you are not associated with a group that is engaged in anti-social
activities6. Any sentence in prison or any sort of criminal acts committed in Australia or
outside will bar you from getting this VISA. The character certificate involves the police
certificates of clearance.
Along with this, there are additional VISA conditions that are related to different streams. In
the short-term stream, you can get this skill shortage VISA as a worker in the Hyatt hotel if
you have worked as a chef for two years minimum. You are a GTE Genuine Temporary
Entrant. If you wish to stay permanently you will not get the VISA.
If you are employed directly by the Hyatt hotel that has sponsored you or any other that is
associated with the Hyatt hotel.
Under the medium-term agreement, you may be able to get this visa based on the condition
that you have two years of work experience and you are directly employed by you sponsor
i.e. Hyatt hotel.
6 "Skill-Shortage Problem Deepens" (1987) 33(4) Electronics and Power.
5

Under the labour agreement stream, you can get the visa provided that you are nominated for
the occupation that is incorporated in the labour agreement. The nominated occupation i.e in
chef position, you should have two years of experience7.
This is all about the visa conditions and in order to make valid applications the above
conditions should be followed.
Best Wishes.
Registered migration agent
Question 2: Letter of advice
Dear Jerry, 5th September 2018
This is another problem that I see and with respect to this problem, I find that there are
different solutions. In order to know about the migrating agent regulation 1994, you need to
be familiar with the principles and values as a registered migrating agent.
At first, a registered migrating agent must have certain personal values like honesty,
responsibility, rationality, and consistency. As far honesty is concerned a migrating agent
must be honest in his or her dealings8. He should not conceal or hide any sort of information
to his or her clients. As far as responsibility is concerned, the migrating agent, the agent is
responsible to handle all the problems of his or her clients. He should find the best solution to
7 Alan Freckelton and Marianne Dickie, Administrative Decision-Making In Australian
Migration Law.
8 Migration Agents Regulations 1994 (2018) Legislation.gov.au
<https://www.legislation.gov.au/Details/F2017C00943>.
6

a problem that is the client's faces. As per rationality is concerned a migrating agent must be
rational and consistency. He should make true efforts to give the best migration services.
Next is the attitude. Migration agent should show the good attitude towards clients. A bad
attitude can lead to dissatisfaction among clients. Last is the self-awareness. Lack of self-
awareness may lead to undesirable behaviour9.
On the other hand, you need to know about the rules laid down by the migrating regulations
1994 in part 210. These all represent the code of conduct for a registered migrating agent.
These codes determine professional conduct stating that a migrating agent must follow the
laws and perform ethically. According to section 314(1), registered migrating agent must not
give any other non migrating services11. Besides a registered migrating agent must have
sound knowledge of the migration laws and should give timely advice. In no way, any advice
can be given when the agent is confused or not well-versed12. A migrating must ensure that
the client does not suffer any loss which is only possible when best services are given.
Along with this, you must know that any registered migrating agent must make initiatives to
gain updated knowledge from the current versions of Migration Regulations 1958 and
9 (2018) Tracking.myvisaonline.com.au. <https://tracking.myvisaonline.com.au/Content/Code
%20of%20Conduct.pdf>.
10 Personal Beliefs, Values, Attitudes And Behaviour - Immigration Advisers Authority Your Tagline
Here (2018) Immigration Advisers Authority
<https://www.iaa.govt.nz/for-advisers/adviser-tools/ethics-toolkit/personal-beliefs-values-
attitudes-and-behaviour/>.
11 MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of Conduct (2018)
Classic.austlii.edu.au
12 Cost Effective Australian Immigration. Simplified Processing Of Australian Visa, Australia Travel
- National Visas (2018) Nationalvisas.com.au
<https://www.nationalvisas.com.au/en/popup/terms-and-conditions/>.
7

Migration regulation 1994. Moreover, as per part 2, the migrating agent must continue to
inform the client about the progress of the application.
Considering the above facts and regulations it is clear that the former migration agent has
breached one of the regulations. From your explanation, it is seen that although the previous
migrating agent knew that there is no chance of success, still he had lodged the application
for Class XA subclass 866 protections VISA. As per as the law a migrating agent must have a
sound knowledge and should not proceed when there is a confusion13. The previous migrating
agent has breached this law laid down by the Migration agents Regulation 1994.
If the agent was not sure whether the application for Class XA subclass 866 protections
VISA would be granted or not he could refer to the updated versions of Migration as per the
rule. He should have taken initiatives to take updated knowledge about migration.
As a migrating agent, it should be noted that the cost of provision of the written advice is 200
dollars because two hours are required to complete the letter of advice. As a migrating agent,
the obligation in relation to the agreement of charge falls within the financial duties of a
registered migrating agent under regulation 8, section 314(1), part 7 of Migrating agent’s
regulation 1994, which states that an agent must maintain a separate financial account with a
financial institution. The financial account will contain detail about the fees and the operating
expenses.
As per as the record keeping and management in part 7 in section 314(1) of Migration
regulation, I will have to maintain proper records in a separate file14. There are other rules
13 Baohui Li, Fangxi Han and Xiaolin Wang, "An Initiative Mechanism Of Safe-Guarding The
Codes Of Migrating Instance In Migrating Workflow Based On Danger Theory" (2012)
2(6) International Journal of Education and Management Engineering.
14 MIGRATION AGENTS Regulations 1998 - SCHEDULE 2Code Of Conduct (2018)
Classic.austlii.edu.au
8

under this section. The records in relation to the charge of 200$must be kept with a financial
institution. The record with the financial institution will contain the detail of 200 dollars
separate.
Keeping in mind the above laws, I as a migrating agent is obliged to keep a separate financial
account with would contain the operating expenses and other expenses.
Moreover as per as the law in part 7.3 under section 314(1), I am obliged to hold in the
account the amount paid by you i.e. 200 $ for the agreed work until I have completed the
whole work of writing the letter, an invoice has been given to you for writing the letter15. You
would send me the letter stating the services that I have performed and the requisite fees for
each service.
Besides as per as the law in part 7.2, a registered migrating agent must keep the records of the
client's accounts that involves the date and the amount of deposit made16. Regarding this, I
will have to send you a statement showing the amount of agreed charge of 200 $. Similarly,
with reference to this law, it is my obligation to keep a record of the deposits made by you if
any. If at any time you provide me the payment of 200 $ after my invoice has reached you I
will have to grant it as paid.
If I am a migrating agent working as “no win no fee policy” then I will have to keep similar
funds amounting to 200 $ in order to repay to you if you are not satisfied with my services.
Overall, my obligation is to issue a statement of the invoice to you and keep records
regarding the charge of 200 $ for a provision of a letter of advice.
15 MIGRATION REGULATIONS 1994 (2018) Www8.austlii.edu.au <http://www8.austlii.edu.au/cgi-
bin/viewdb/au/legis/cth/consol_reg/mr1994227/>.
16 MIGRATION REGULATIONS 1994 (2018) Www8.austlii.edu.au <http://www8.austlii.edu.au/cgi-
bin/viewdb/au/legis/cth/consol_reg/mr1994227/>.
9

Hope you understand all my points.
Yours Faithfully
Registered migrating agent
Reference list (including Bibliography)
TEMPORARY SKILL SHORTAGE VISA (SUBCLASS 482)
Footnote: Temporary Skill Shortage Visa (Subclass 482) (2018) Homeaffairs.gov.au
<https://www.homeaffairs.gov.au/trav/visa-1/482->.
10

Your Bibliography: Temporary Skill Shortage Visa (Subclass 482) (2018)
Homeaffairs.gov.au <https://www.homeaffairs.gov.au/trav/visa-1/482->
HOWE, J. AND REILLY, A.
Meeting Australia's Labour Needs: The Case for a New Low-Skill Work Visa
Footnote: Joanna Howe and Alexander Reilly, "Meeting Australia's Labour Needs: The Case
For A New Low-Skill Work Visa" (2015) 43(2) Federal Law Review.
Your Bibliography: Howe, Joanna, and Alexander Reilly, "Meeting Australia's Labour
Needs: The Case For A New Low-Skill Work Visa" (2015) 43(2) Federal Law Review
Skill shortage or ineffective hiring?
Footnote: Beryl Lieff Benderly, "Skill Shortage Or Ineffective Hiring?" [2014] Science.
Your Bibliography: Benderly, Beryl Lieff, "Skill Shortage Or Ineffective Hiring?"
[2014] Science
BENDERLY, B. L.
The Immigration Bill and the High-Skill Job Market
Footnote: Beryl Lieff Benderly, "The Immigration Bill And The High-Skill Job Market"
[2013] Science.
Your Bibliography: Benderly, Beryl Lieff, "The Immigration Bill And The High-Skill Job
Market" [2013] Science
SKILL-SHORTAGE PROBLEM DEEPENS
Footnote: "Skill-Shortage Problem Deepens" (1987) 33(4) Electronics and Power.
Your Bibliography: "Skill-Shortage Problem Deepens" (1987) 33(4) Electronics and Power
11

ELIOT, G.
The mill on the Floss
Footnote: George Eliot, The Mill On The Floss (Open Road Integrated Media, 2016).
Your Bibliography: Eliot, George, The Mill On The Floss (Open Road Integrated Media,
2016)
FRECKLETON, A. AND DICKIE, M.
Administrative decision-making in Australian migration law
Footnote: Alan Freckelton and Marianne Dickie, Administrative Decision-Making In
Australian Migration Law.
Your Bibliography: Freckelton, Alan and Marianne Dickie, Administrative Decision-Making
In Australian Migration Law
MIGRATION AGENTS REGULATIONS 1994
Footnote: Migration Agents Regulations 1994 (2018) Legislation.gov.au
<https://www.legislation.gov.au/Details/F2017C00943>.
Your Bibliography: Migration Agents Regulations 1994 (2018) Legislation.gov.au
<https://www.legislation.gov.au/Details/F2017C00943>
PERSONAL BELIEFS, VALUES, ATTITUDES, AND BEHAVIOUR -
IMMIGRATION ADVISERS AUTHORITY YOUR TAGLINE HERE
Footnote: Personal Beliefs, Values, Attitudes, And Behaviour - Immigration Advisers
Authority Your Tagline Here (2018) Immigration Advisers Authority
12

<https://www.iaa.govt.nz/for-advisers/adviser-tools/ethics-toolkit/personal-beliefs-values-
attitudes-and-behaviour/>.
Your Bibliography: Personal Beliefs, Values, Attitudes, And Behaviour - Immigration
Advisers Authority Your Tagline Here (2018) Immigration Advisers Authority
<https://www.iaa.govt.nz/for-advisers/adviser-tools/ethics-toolkit/personal-beliefs-values-
attitudes-and-behaviour/>
ANON
Footnote: (2018) Tracking.myvisaonline.com.au
<https://tracking.myvisaonline.com.au/Content/Code%20of%20Conduct.pdf>.
Your Bibliography: (2018) Tracking.myvisaonline.com.au
<https://tracking.myvisaonline.com.au/Content/Code%20of%20Conduct.pdf>
LI, B., HAN, F., AND WANG, X.
An Initiative Mechanism of Safeguarding the Codes of Migrating Instance in Migrating
Workflow Based on Danger Theory
Footnote: Baohui Li, Fangxi Han and Xiaolin Wang, "An Initiative Mechanism Of Safe-
Guarding The Codes Of Migrating Instance In Migrating Workflow Based On Danger
Theory" (2012) 2(6) International Journal of Education and Management Engineering.
Your Bibliography: Li, Baohui, Fangxi Han and Xiaolin Wang, "An Initiative Mechanism Of
Safe-Guarding The Codes Of Migrating Instance In Migrating Workflow Based On Danger
Theory" (2012) 2(6) International Journal of Education and Management Engineering
COST EFFECTIVE AUSTRALIAN IMMIGRATION. SIMPLIFIED PROCESSING
OF AUSTRALIAN VISA, AUSTRALIA TRAVEL - NATIONAL VISAS
13

Footnote: Cost Effective Australian Immigration. Simplified Processing Of Australian Visa,
Australia Travel - National Visas (2018) Nationalvisas.com.au
<https://www.nationalvisas.com.au/en/popup/terms-and-conditions/>.
Your Bibliography: Cost Effective Australian Immigration. Simplified Processing Of
Australian Visa, Australia Travel - National Visas (2018) Nationalvisas.com.au
<https://www.nationalvisas.com.au/en/popup/terms-and-conditions/>
MIGRATION REGULATIONS 1994
Footnote: MIGRATION REGULATIONS 1994 (2018) Www8.austlii.edu.au
<http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_reg/mr1994227/>.
Your Bibliography: MIGRATION REGULATIONS 1994 (2018) Www8.austlii.edu.au
<http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_reg/mr1994227/>
MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2CODE OF CONDUCT
Footnote: MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of
Conduct (2018) Classic.austlii.edu.au
<http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.
Your Bibliography: MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of
Conduct (2018) Classic.austlii.edu.au
<http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>
14

15