LML5000 - Australian Migration Law & OMARA
Added on 2020-03-04
11 Pages2370 Words82 Views
Running head: MIGRATION LAW Migration LawName of the StudentName of the UniversityAuthor Note
1MIGRATION LAWQuestion 1 To Jeffery Wood Engineering is hiring the migration agent; Jaffery Jacob who has completed the GraduateCertificate in Migration Law and Practice for became a migration agent. In the company theHuman Resource Manager has asked to him about his fees ad disbursement. Jaffery Jacob is nowprovide the give the details of his fees and including $3,800.00 as professional fees includingGST plus disbursements which will be pay to the Department of Immigration and BorderProtection (DIBP). For complete the migration agent he need to fill the forms under MigrationAct 1958, the Migration Agents Regulations 1998 and the Code of Conduct1. The Migration Act 1958 was formed for the implementation of the administration in theMigration Reform Act 1992 through the Minister for Immigration and Border Protection. TheAustralian Government has made the provision for the registration of the migration agent. Theact has been proceeding for the misconduct of migration agent to work according to the code ofconduct for the modification and development of the quality of services for migration2. The person who is registered under this act must have the ability to control and enquiryabout all the issues regarding the migration of visa and help to regulate the rules. when someonecomplain about any issue regarding the migration of the visa process then, the migration agentsolve the migration process according to the needed. The Migration Agents Registration1 Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the UnitedStates: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.2 Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: Ananalysis of the 457 visa program." (2014).
2MIGRATION LAWAuthority (MARA) has working on the self-regulation of the migration process. The boardmembers works through the MIA boards and works on the registration, monitoring,investigations, imposing disciplinary sanctions on migration agents. Sometimes they involve thelawyers in the process. The persons who are completed the age of 18 years can register for themigration agent under the 286 of the Migration Act 1958. Only individual persons can apply forthe position under the 293 of Migration Act 1958 for completed the 18 years and above3. Thepartnership, an association or unincorporated bodies are not allowed to register for the migrationagent4. When one migration agent is not able to attain the client due to sickness, leave of absenceor having ceased to practice the then another migration agent can take the authority to control thecase5.The migration agent gets the registration by the registration under the RegistrationApplicants page from the MARA website which will only applicable in between 30 days of theregister period. The sec- 288(3) of the Migration Act introduced the legislation where theregistration must follow the MARA websites and sec- 288(5) of Migration Act 1958 provide theprovision of giving fees of the registration under the through Migration Agents RegistrationApplication Charge Regulations 1998 whereas, the sec- 294 of the Migration Act provide thelegislation for the agent who should be the citizen of Australia who has the permanent resident ofAustralia or the New Zealand6. 3 Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the UnitedStates: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.4 Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: Ananalysis of the 457 visa program." (2014).5 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration52.3 (2014): 21-25.6 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration52.3 (2014): 21-25.
3MIGRATION LAWThe MARA course must obtain and offered by the Australian National University (ACT),Griffith University (Qld), Victoria University (Vic) and Murdoch University (WA). Thereforethey should pass the exam for applying for the registration. The migration agent must have theproficient in English and must score 6.5 in speaking, reading, listening and writing. The test willbe taken through the IELTS test for getting the required 6.5 score in the English test. They arealso require to be a fit, good character and integrity person and not have any past records of anyundischarged bankrupts. In between 5 years the applicant never applies for cancellation of theregistration certificate under sec- 292 of Migration Act7. They also require a character certificatefrom the Australian Federal Police8. The amount which must imposed for the allowance of the visa is included the generalfees is $420, nomination fees must be $330 and for the main application the fees will be $1060.The other additional charges should be $700. The applicant who is applying for the migration agent position should have theprofessional indemnity insurance. According to the sec- 292B of the Migration Act 1958 andRegulation 6B of the Migration Agents Regulations 1998 define the legislation where theapplicant of the migration agent must get the coverage of minimum $250,000 of the professionalindemnity insurance. The insurance amount is only reusable when the migration agent appliesfor the repeat registration. The professional indemnity insurance only helps to the migrationagents only when the insurance provider will provide the coverage to them9. 7 Boucher, Anna, and Lucie Cerna. "Current policy trends in skilled immigration policy." International Migration52.3 (2014): 21-25.8 Campbell, Iain, and Joo-Cheong Tham. "Labour market deregulation and temporary migrant labour schemes: Ananalysis of the 457 visa program." (2014).9 Akbari, Ather H., and Martha MacDonald. "Immigration policy in Australia, Canada, New Zealand, and the UnitedStates: An overview of recent trends." International Migration Review 48.3 (2014): 801-822.
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