Question
You are a newly registered migration agent at a local migration firm in Sydney, NSW. You attend a consultation with your employer, Adam, who is
You are a newly registered migration agent at a local migration firm in Sydney, NSW. You attend a consultation with your employer, Adam, who is an experienced registered migration agent. Based on the information provided by the client, Natasha, 29 years of age, who is a citizen of the Ukraine, Adam advises Natasha that she has three different visa options.
A Protection (subclass 866) visa. A Skilled - Independent (subclass 189) visa. A Work and Holiday (subclass 462) visa. Natasha was pleased that there were a number of options available to her and advised at the consultation that she would consider each visa option and then call if she had any queries.
Natasha calls your office and Adam is at another consultation. Natasha is concerned about which members of her family unit can be included in each of the visa options provided at the consultation, as that would make a significant impact on which option she would choose.
The client wishes to include the following family members:
Her Husband, Ivor, who is a citizen of the Ukraine. Her 7 year old daughter, Kristina. Natasha's cousin Anya. Anya is 24 and has lived with Natasha for the past 7 years. Anya's parents passed away in a car accident in the Ukraine when she was 17 and she is suffering from post-traumatic stress disorder which has affected her ability to work or study since the passing of her parents and has relied on Natasha for psychological and financial support. You wish to impress Adam and rather than passing on the message decide to undertake some research on her query.
Q1a) Prepare a memo outlining your research for Natasha's query as to which of her family members she has identified above, can be included as a member of the family unit for each of her visa options.
Adam is impressed with your initiative. He meets with Natasha and provides her with your advice without reviewing your work.
A few months pass and you begin to see clients by yourself. A client with a similar query asks you for advice and upon reviewing the legislation again you soon realise the memo you provided to Adam, on which he relied on to provide Natasha some advice was incorrect. You decide to let Adam know. However, he advises you that as Natasha has not asked any further questions nor been in contact with him since he provided her the advice, that the matter is now final and there is no need to contact her to correct the advice.
Q1b) Have you or Adam breached any of your obligations under the Migration (Migration Agents Code of Conduct) Regulations 2021 and if so, what steps would you take to remedy these breaches? You need to refer to specific provisions in the Migration (Migration Agents Code of Conduct) Regulations 2021.
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