Australian Migration Law: File Note on Client Interview - GDMLP 78300

This document is a file note summarizing a client interview conducted by a registered migration agent, Jessica Kinsella, with her client, Chantin. The interview focused on Chantin's request to bring her mother from Nepal to Australia. The file note details the agent's introduction, explanation of confidentiality under the Migration Act and the provision of a consumer guide as per the Migration Agents Regulation. It outlines the client's concerns about her mother's potential visa denial due to her Christian faith and the client's financial constraints. The agent inquired about the mother's financial stability, travel history, and criminal record, referencing relevant sections of the Migration Act. The note also includes discussion about potential security bonds and the recommendation of a sponsored family visa, along with the associated costs and required documentation. The file note accurately cites the Migration Act (1958) and Migration Agents Regulation (1998) and relevant fact sheets.

Running Head: AUSTRALIAN MIGRATION LAW 1
Australian Immigration Law
Name
Institution

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Matter: Chantin Migration Matter
Name of Client/recipient: Chantil
File No. : Xxxx
Author: Students Name
Date of the Interview:
Date of Note: 28th May 2019
Details of Interview;
The interview was conducted by Jessica Kinsella and was witnessed by (Students name).
Ms. Kinsella Introduced herself, as did the client, and proceeded to brief the client on the
format of the meeting. She said that the duration of the meeting was to be approximately fifteen
minutes. She then proceeded to inform the client that, whereas she was taking notes, the content
of the notes, and any information given by the client would remain confidential. Confidentiality
in migration matters is provided for under the Migration Act, and requires that an agent must
keep all communication, documents and details disclosed by the client confidential unless
otherwise required by law. (Migration Act, 1958) She also informed the client that she would
receive both an email, detailing the all that was discussed during the meeting and a copy if the
consumer guide. The requirement that a client be given such a guide is given under the Migration
Agents Regulation. (Migration Agents Regulation, 1998) Regulation provides that the Migration
Agents Registration Authority shall publish a guide that shall inform clients and potential clients
of all to expect from the process as well as the bodies involved. (Migration Act, 1958)
Ms. Kinsella informed the client that she, like all migration agents, are bound by a strict code
of conduct. (Migration Agents Regulation, 1998) Thereafter, she asked the client for details

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regarding her request. The client told her that she wanted her mother to visit her from Nepal, but
she feared that since her mother is a Christian, she might be denied the visa.
Ms. Kinsella inquired as to why the client couldn’t visit her mother in Nepal, to which she
explained that her financial situation, based on the fact that she is a recently divorced, single
mother disables her from doing so. Furthermore she hopes that once her mother comes, she could
assist in taking care of her daughter, Claire.
Ms. Kinsella then asked whether the client’s, mother would consider relocating to Australia
on a permanent basis. To this, the client answered that the mother has (the client’s) brothers with
her in Nepal and is very close to her grandsons. She also stated that since the mother of the
grandchildren returned to work, she (the client’s mother) has been taking care of them. The client
highlighted that her mother receives a pension from the government but it is not much.
Ms. Kinsella then asked whether the mother has any other source of income to which the
client answered that she owns two apartments, one of which she resides and the other she rents.
She added that the mother is financially stable and does volunteer work at her church.
Ms. Kinsella thereafter inquired whether the mother had done much travelling and stated that
visa applicants who have a history of unhindered travel are usually looked upon favorably.
Ms. Kinsella then enquired whether the mother had been in trouble with the police. The
reason for this question is that under the Migration Act, the minister can refuse to grant a visa if
the applicant fails the character test. (Migration Act, 1958) The Act then states that a person fails
a character test if he or she has a substantial criminal record. (Migration Act, 1958) It goes
further to provide that the term substantial criminal record any conviction from capital offences
to offences that have attracted a sentence of 12 months or more. (Migration Act, 1958) The client
stated that the mother has no criminal history.

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Ms. Kinsella, having noted that the client had stated that her mother was Christian, asked
whether she felt any risk of persecution. The client answered no. Still, Ms. Kinsella stated that
she would investigate further into this.
Ms. Kinsella then informed the client that she may be required to pay up to $15000 as security
bond, and asked whether she would be able to pay. The client said she would try. The purpose of
the security bond is to ensure that the visitor stays as long as the visa allows and no more and any
other conditions that the visa has.
Ms. Kinsella read a summary of all the information given by the client and asked her to
confirm whether it was accurate, to which she did.
She then advised the client that a sponsored family visa was the best option and that the client
would be the sponsor. Furthermore she stated that such a visa is not very expensive. The reason
she did this was because of the financial situation of the client and the policy that exists
surrounding family sponsored visas. (Fact Sheet – Sponsored Family Stream)
She then told the client of the professional fees as well as a list of all the documents that the
client would require processing the visa.
The meeting then came to an end.

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REFERENCES
‘Fact Sheet – Spondored Family Stream’ (Archive.homeaffairs.gov.au)
<https://archive.homeaffairs.gov.au/about/corporate/information/fact-sheets/54sponsored
Migration Act (1958) (8 May 2019 edition)
Migration Agents Regulation (1998)