Migration Law Australia - Assignment

Migration Law Australia

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
QUESTION 1..................................................................................................................................1
Advising about employer sponsored visa with including sponsorship, nomination and visa
requirement with evidence...........................................................................................................1
QUESTION 2..................................................................................................................................4
Ways of preventing conflict of interest and obligation under code of conduct...........................4
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Migration Law Australia will be regulating all people and communities who are entering
and remaining in Australia which is a Commonwealth Law so this will remain same throughout
Australia (McGrath, 2017). There could be possibly many changes frequently and it is very
important that people planning for this should be going to migration agent for seeking visa
application.
Within this report which includes naval architecture business of Williamstown Naval
Architects Pty Ltd in Williamstown Victoria of 2 brothers Owen Peters and Jim Peters. As the
business is planning to appoint Jacklyn Fisher was is citizen of USA so advice will be given to
company for outlining the employer sponsored visa whether permanent or temporary bases.
Further obligation under code of conduct if any conflicts arise at time of employer sponsored
visa will also be given.
QUESTION 1
Advising about employer sponsored visa with including sponsorship, nomination and visa
requirement with evidence
Williamstown Naval Architects Pty Ltd in Williamstown Victoria which is owned by Jim
and Owen Peters having annual turnover of about AUD 20 billion with 112 employees working.
The company was given the contract from government of Australia for designing patrol vessels
in Williamstown. So company decided to appoint Jacklyn Fisher who is qualified Naval
Architect and worked for USA government and Senior Naval Architects into past 10 years.
ATOLL and DELEON MIGRATION AGENT
789 Zeal Roast St. Makati city
Telephone: [phone]
Email: [e-mail]
Owen and Jim Peters
123 Rodeo Drive
1

Williamstown, Victoria
Australia
Dear, Owen and Jim Peters
Thank you for your letter on October 1st 2018 in which you requested an advice on
employer sponsored visa whether permanent or temporary with outlining sponsorship,
nomination and visa requirement. My solutions for your questions are queries are as follows
which you should look and study very clear I have also mentioned some of the prominent case
laws in Australia related to migration and visa requirements.
With the help of Employer sponsored visa (TSS) any person will be able to live and
work into Australia on temporary visa while the permanent visa would be depending upon
nominated occupation, age and English competency. There are number of types of visa which
will depend and suit the type of work person will be doing with having certain eligibility
criteria. These includes location of employer, employer’s approval to sponsor, amount or type
of work experience person having, post-secondary qualification, the type of job to be done
under new employer and salary offered.
For sponsorship:
In way of sponsorship company will be requiring Form 482 S which is for sponsorship
for a temporary skill shortage visa this is an online form which is used by employer who wants
to apply for standard business sponsorship. This particular type of visa is defined to as TSS as
employer declared that they are having labour shortage in specified skill so they will be
addressing this shortage by bringing in genuinely skilled worker. Thus facilitating the use of
oversea worker in way of addressing the temporary skill shortage and ensuring that firstly
Australian worker are getting priority (Wells, 2017). All the TSS visa holders are then allowed
to work within country into their nominated occupation within 3 stream namely short, medium
and labour agreement. The person must be having specified skill so that he or she is able to fill
in nomination by approved business and occupation. The length of stay will be 1-4 year and
depending upon the work or occupation nominated and cost is AUD 1175 (Temporary Skill
Shortage (TSS) visa - Nomination requirements, 2018).
For this it is very important to be legally established and unless not an approved
standard business sponsor it is required to become one. The business must be lawfully
2

operating within Australia and standard business sponsor applying inside and outside country.
At the time when refusing sponsorship application and disregard it if it is reasonable will
become aware of adverse information. This is only relevant to suitability of approved sponsor
so in your case it is not required.
For nomination:
The approved sponsor or applicants who are referred to as approved sponsor could also
nominate any oversea worker for particular position in their organisation as you are doing in
this current case (Walsh and Haag, 2015). The nomination process includes the identification
of position which is to be filled by any oversea worker into approved business having specified
quality. The same requirements will be there as in sponsorship rest will be the form must be
filled online that is 482 N. ANZSCO is providing basis for standard collection with analysis of
the occupation data for Australia and New Zealand which is 6 digit code listed in skilled
occupation. All the information of eligible skilled occupation is found in legislative instrument
for relevant visa program. All type of information will be given showing that occupation is
included in which type of visa program like that of Short term Skilled Occupation List
(STSOL) for your naval architect business (Labour agreements, 2018). The ANZSCO which is
called Australian and New Zealand Standard Classification of Occupations is providing
information and data related to skill level of job and qualification is needed for occupation.
The terms and conditions for this purpose will be as follows:
 Not engaging into discriminatory practice or process of recruitment
 Providing written contract of employment
 Meeting salary and employment condition
 Engaging with nominee directly
 Providing evidence of Labour Market Testing
The position must be genuine and fitting into scope of business with having clear
description of position. This should also be having duties laid down with level of skills
required and task to be nominated in ANZSCO list (Temporary Skill Shortage visa (subclass
482), 2018). The Labour Market Testing will be determining that there is no suitable worker
available into organisation and there is need for that work. The requirements as per this LMT
will be as follows:
 LMT for short term stream and medium term stream
3

 LMT for labour agreement stream
 LMT for non-immigration purpose
 LMT for global talent scheme
For visa:
This TSS visa is that for skilled workers who are in need to work within Australia
temporarily. As the Visa will allowed to travel from and to Australia that is for the primary
visa holder only for working within country and under employer who has sponsored to work
with an approved sponsor. The location will be generally into Australia where the person is
applying but they would not be able to apply for short term stream in Australia. This is that
circumstance when there is more number of short term stream visa is more than 1, at the time
when application was made the person was in Australia and requirement will not be regular if
person is ITO (Castles, Ozkul and Cubas, 2015). The subclass 010, 020 and 030 visa should be
there with person if they are in Australia. If any person is not holding substantive form of visa
then they will be able to lodge application within Australia at any time. All the workers in
Australia will included that of visa holder with having permission to work and rights of
working as per workplace law. There should also be including the pay rates, shifts, notice and
leave agreement laid down within this regulation.
QUESTION 2
Ways of preventing conflict of interest and obligation under code of conduct
Owen and Jim during their past they are having bad experience of people who are having
employed from overseas who are embellished with previous employment history and record. So
there is certain code of conduct which is based on MARA code. As per Migration Agent
Registration Authority (MARA) Code of Conduct that is regulated body which is registered with
the migration agent. The code of conduct is having detail about ethical and professional
standards which is for all agents in this field of migration and it was amended on 2012. The
provision will be migration agent in section 314 of the Migration Act 1958 which is into
schedule 2 and 8 of the Migration Agent Regulation in 1998 (van Kooy and Bowman, 2018). As
per the code obligation of agents will be that related with responsibilities for agent, interaction
with clients, responsibility for agent and requirement for the complaint.
4

If any person is willing to operate as agent of migration must be registered with the
Migration Agent Registration Authority (MARA) after this they will be obligated to work or
manage as per code of conduct. As per the requirement of this code all agents should be
demonstrating qualified and professional character and competency with immigration as well.
All changes will be allowed for the implementation of certain protection pressure that is for code
of conduct which was amended as on 1st January 2012.
There are certain complaints which are raised by customers for registered poor
communication that would certainly lead to misunderstanding. Situations that is having very bad
communication the client must be taking guidance with one or more migration agent who will be
making enquiries at time of relying on information that is part of their service. The office of
MARA will be attached with department of immigration and border protection that are mainly
organised or administered by MARA code of conduct in section 316 and Migration Act for 1958.
This is very much important for guiding and supporting within the references of all
employees and supporting their decision making process. The registered agent of should be
checking the authenticity of person who is coming to him as identifying themselves as client at
the time when there is any conflict of interest (Tan and Hugo, 2017). This is intended within the
2.1 A of code of conduct.
 If the agent is tended to be having any kind of marriage capacity of the agent
 If there is any other type of conflict that could in future impact legitimate interest of the
client.
If by any case the apparent is having conflict of interest with the agent that is mentioned
within the above clause then it should be taking any of the below mentioned actions as per the
need of client under 14 days.
 Advising the client for appointment of registered migration agent
 Ceasing the deal with client
 Telling client about this conflict of interest
 Advising client that code of agent is no longer to act as an agent.
All these things are advised and mention in clause 2.1 A and 2.1 B of the professional
code of conduct these are the only option or way of preventing the conflict of interest and
having obliged to under code of conduct as well. Other than these the obligation of clients which
is laid down in part 3 of the code of conduct which is agent who is registered as the migration act
5

must be having or preserving the confidentiality of their clients which is one of the most
important obligation as per the act (Code of Conduct, 2018). The registered migration agent
should never be disclosing any sort of information that is related to client or their business
without giving written notice to their client.
CONCLUSION
From the above discussion on migration within Australia at time when employer
sponsored visa is having it is compulsory the agent with whose help employer is applying for
visa is registered under Migration Act of 1958. Owen and Jim are given various advice as they
wanted to employ Jacklyn for their order form Australian government that they should be filling
the application through online bases and filling Form 482 S and N.
6

REFERENCES
Books and Journals:
Castles, S., Ozkul, D. and Cubas, M. eds., 2015. Social transformation and migration: National
and local experiences in South Korea, Turkey, Mexico and Australia. Springer.
McGrath, J., 2017. A path of devotion: Migration law and the art of specialising. Bulletin (Law
Society of South Australia). 39(1). p.8.
Tan, G. and Hugo, G., 2017. The transnational migration strategies of Chinese and Indian
students in Australia. Population, Space and Place. 23(6). p.e2038.
van Kooy, J. and Bowman, D., 2018. ‘Surrounded with so much uncertainty’: asylum seekers
and manufactured precarity in Australia. Journal of Ethnic and Migration Studies, pp.1-18.
Walsh, R. and Haag, S., 2015. Immigration: Breaking up is a hard to-do: Dual regulation of
migration lawyers set to end. LSJ: Law Society of NSW Journal. (12). p.74.
Wells, L., 2017. No longer a'migration agent': Reforms to the regulation of lawyers practising in
immigration law. Brief. 44(9). p.25.
Online:
Code of Conduct. 2018. [Online]. Accessed through: <https://www.thisisaustralia.com/code-of-
conduct/>.
Labour agreements. 2018. [Online]. Accessed through:
<https://www.homeaffairs.gov.au/trav/work/empl/labour-agreements>.
Temporary Skill Shortage (TSS) visa - Nomination requirements. 2018. [Online]. Accessed
through: <https://www.homeaffairs.gov.au/visas/supporting/Pages/482/Nomination-
requirements.aspx#>.
Temporary Skill Shortage visa (subclass 482). 2018. [Online]. Accessed through:
<https://www.homeaffairs.gov.au/trav/visa-1/482-/>.
conduct/
7