Halim Sayed has recently been registered as a migration agent.
His first client, Mr NingXiao is a Chinese citizen and is now a permanent Australian resident.
Ning is single.
Chan had a recent meeting with Halim to help him complete a Class EA Business Skills – Business Talent subclass 130 visa.
Ning, Halim requested to deposit $9,000.00 for professional fees including GST and disbursements for a Class EA Business Skills, Business Talent, subclass 132 visa.
Halim spent about 70 hours processing this application and traveling to Hong Kong to participate in the interview.
Halim performed Halim’s services by completing the application in accordance to Ning, preparing a submission supporting the application, researching policy and the law and reviewing financial statements prepared from the auditors.
Halim also met with the client at Australia Embassy in Hong Kong.
Halim provided Ning a fee and service agreement.Task:a.
Prepare a statement about services for Halim.b.
Briefly, state the ethical obligations of Halim as a Migration Agent under the Code of Conduct. Before receiving his professional fee and disbursements.Q2.Scenario
You are a registered immigration agent.
Dimitri Alexis is visiting your office.
He is an Australian permanent visitor.
He explains that Heleni, his wife lives in Greece with Celesta (DOB: 15.04.2013).
Heleni has applied with Dimitri for a subclass 309 Partner (Provisional), visa.
Dimitri says that their daughter was born with severe loss of hearing in both ears.
Dimitri shows Heleni the DIBP letter.
You will read the DIBP mail which contains the following:
The MOC opinion says that it is uncertain that the second visa applicant will satisfy the PIC 4007(1)(c),(iii),(A) requirement, as she has permanent severe bilateral loss of hearing.
MOC thinks she is a candidate to have cochlear Implantation.
MOC estimates that a hypothetical person suffering from the same conditions as the applicant would probably need community services while she is in Australia.
MOC thinks that the provision community services to this hypothetical person under the conditions described would result in significant cost to Australia’s community in the area community services.
The MOC states that the cost is between AUD 90,000.00 to 100,000.
As a Minister’s delegate, I can now request additional information from you regarding your daughter’s health.
PIC 407 provides a health waiver.
Please send to this office any information that you would like to share in relation to PIC4007 by 4 June 2017.
Dimitri shares that his daughter has been fitted with hearing aids on a regular basis and is showing good results.
His wife is practicing daily speech therapy exercises alongside her daughter. Her daughter is now attending a mainstream kindergarten without special assistance.
Dimitri, a qualified dentist, has not been in a position to find work.
He continues to look for work, but at the moment he works hard in a meat processor plant in Northam. It is about two hours away from Perth.
Dimitri sends his daughter and wife as much money as possible (approximately $8000 per 4 months).
His wife is a talented cook and specialises in Greek regional cuisine.
Before she had her child, she managed a small and popular restaurant in Athens. She has also written a cookbook that focuses on Greek family cooking.
Due to her husband’s inability to live with her and her daughter since their marriage, she now faces discrimination in her hometown.
Dimitri was married to Heleni in March 2012.
Dimitri moved to Australia in June 2012 after he was granted his visa. He did not know that his wife, Heleni, was pregnant with Celesta.
After arriving in Australia, he had his daughter.
Dimitri was to be his sponsor in the Celesta and Heleni visa applications. This was due to the Greek financial crisis.
The visa application was received in June 2014.
Dimitri would love for his wife and daughter, to move to Australia with him.
After he’s able to stop sending money overseas, they can buy a home and contribute to Australia together.
Dimitri tells us that he called DIBP to discuss the health of his daughter.
The DIBP officer explained to Dimitri that she wanted the information in written form.
Dimitri has been very anxious about how to write it so he reached out to you.Task:
Prepare a formal letter in support of Dimitri for the Department of Immigration and Border Protection. The submission will request a waiver of a health requirement for a subclass309 visa.
Refer to the relevant legislation and policy in all submissions.
It is assumed that the marriage is true for the purposes of the submissions.
Answer to Question: LAWS8650 Applied Australian Migration Law And Practice
Answer 1 (A).
Statement of service: This is a document provided by service provider and clients. It provides brief details of the services provided and the cost of each service.
This statement provides details about each service provided to the client by the service provider. Additionally, the amount related to that service is calculated using the Australian dollar.
In this particular case, Halim Sayed recently became a registered Migration Agent.
Ning is his first client. He has the citizenship of China.
Ning is single. Halim assisted Chan with the application for Class EA Business Skills, Business Talent subclass 132 visa.
Halim did request Ning to make a deposit of $9,900. This included GST and any other disbursements.
Halim spent almost 70 hours traveling to Hong Kong in order to attend the interview.
Halim provided various services that included the completion of the visa application following the instructions given by Nings. He also prepared submissions supporting the application.
Halim attended the interview with client at the Australian Embassy Hong Kong.
Later Halim provided Ning with an agreement on fees and services.
These are the statements of service Halim provided for Ning.
EA132 Business talent VAC1
$ 6990 (includes all amount)
These fees include professional fees for all services rendered by a service provider$ 3000
Part 2 of the Migration Agents Regulations 1998 establishes standards of professional conduct. These codes of conduct are listed below:
A registered agent must adhere to the law. This includes ensuring the client’s legitimate interest. It is also the duty of the agent to ensure that the client is dealt with competently, diligently, fairly, and in a professional manner.
An agent for Migration who works in any country other than Australia must comply with the Code of Australia.
It is important that clients ask registered migration agents about the success rate of their applications. They must receive written advice within a reasonable time. However, they can also offer advice orally.
Agents have the responsibility to advise clients in writing or oral form on applications under the Migration Act and Migration Regulations.
It is the obligation of the agent to comply with the instructions provided from the client.
To: Department of Immigration and Border Protection
Date: 12th May 2017,
Re: Applying for a waiver to the health requirement for subclass 309 visas
DIAC is responsible in administering the visa requirements for applicants. As per the migration Health Requirement, it mainly targets the protection and maintenance of public health.
Section 65 is concerned with the health requirement decision-making process.
This section refers to the decision about granting or refusing a visa.
After considering valid visa applications, the minister can decide whether the applicant meets the health requirements. He or she must also satisfy all other requirements in the Act or regulations.
It is worth noting that Section 40 does not prevent the visa from being granted. Section 500A states that temporary safe haven visas can be cancelled or refused. Section 501 gives the special power of cancelling or refusing the visa.
In case visa is granted, all charges related to visa application must be paid. If the minister is not satisfied, then visa application will be rejected.
This letter centers on the waiver or health requirement. While this requirement is available in certain visa classes only, it allows the department consider other factors that are not directly related to health when assessing visa applications.
It is required that all visa applicants, including their children, must meet the Act’s medical requirements. All family members are also required to follow these rules.
The applicant must undergo a health check before a decision can be made.
Visa applicants need to undergo the health exam in order for processing their visa application.
As mentioned above, health waiver is only available to certain types of visas. The department must be satisfied that the visa would not lead to undue cost or prejudice to accessibility.
These waivers, however, are known as PIC4007 health waiver.
Only if the Commonwealth’s medical officer declares that the applicant for a visa is not in good health, or if the officer is satisfied that the visa won’t be costly and does not increase demand on existing Australian services.
This is known to be prejudice to accessibility.
As we have already stated, Australia has three major PICs for health. They are found in Schedule 4, 1994 of the Migration Regulations.
These PICs stated clearly the criteria for the assessment of an application in the context of the health requirement and were applied to all visa applications.
The following PICs list all three.
PIC 4005 can be applied for on a number visas.
PIC 4006A applies to temporary long-stay skilled visas. The waiver is granted at the discretion of the minister in cases where the sponsoring employer agrees to cover any identified health-related costs.
PIC can only be applied to very limited family streams, humanitarian and skilled visas.
This PIC allowed for the decision maker to look at other factors, including financial and other costs as well as those related to compelling and compassionate.
But, it should be noted that for the purposes of these PICs information is sent from DIAC to a committee. As such, health requirements will apply if PIC 4007A or PIC 4007 are attached the relevant visa subclass.
These PICs may only be used on a restricted number of visas for humanitarian or family streams.
This has been the case for many years. As in the past, waiver of health requirements is permitted in humanitarian cases.
This traditional approach typically means that waivers of the health requirements cannot be granted to most permanent visa applicants.
A PIC4006A or 4007 attachment to a visa may require waiver of the health requirement. This requires extra considerations from the Department decision maker.
PIC 4007 provides visa applicants with the option to submit additional medical records and other documents regarding the applicant’s economic, socio-economic, or other circumstances to offset the MOC.
PIC 4006A will only be considered if the sponsoring employer is willing to offset the MOC costs.
DIAC advised that in the most cases, 4006A waivers will be granted by the department. PIC 4007 is not granted if MOC has stated significant health costs and these may cause delays in access to services.
These are the other factors DIAC considers in granting health waivers.
If the job that applicant has chosen is in demand in Australia or of severe shortage in Australia, or if they are unable to find a suitable location in Australia,
Family members of the applicant have already settled or are looking to settle in a rural, remote or regional area.
It is important to determine whether the family’s care obligations affect applicant’s earning ability or ability to continue their education in the field.
Departments assess the skills and qualifications as well the relatives of visa applicants.
It also evaluates the degree to which visa applicants and their relatives can reduce the MOC-estimated cost.
Families may experience difficulties when they return to the country they came from.
Department assesses the education, occupational, and other prospects of the visa applicant to Australia.
Department also looks into whether any non-migrating family members fail to meet health requirements. If they do, then it is impossible to allow them to move to Australia.
Departments do not just look at the medical requirements but also consider the applicant’s lifestyle and occupation.
Celesta is having hearing problems and uses regular hearing aids. Celesta is progressing.
She is able to attend kindergarten without special assistance. She also practice daily speech with mom.
She is not a burden to health care and community services.
They can request a waiver of the requirement for health care as per PIC4007.
The couple can also contribute as a family to the Australian economy because Dimitri has a qualification in dentistry and his wife is a chef who is skilled in Greek regional cooking.
This is why department can grant waivers after they have assessed the skills and qualifications of their members.
If the family status of Dimitri is considered, then Department may grant waiver. Dimitri married in March 2012 and moved to Australia June 2012. Because of this, his wife is being discriminated in their village. As soon as they marry, his husband will leave him.
Dimitri has plans to move to Australia with his wife and child. If they are able stop sending money overseas, then they can buy a property here and begin contributing to Australia.
After considering all the facts, it is obvious that Dimitri’s spouse can be granted a partner visa class 309 by the department.
ReferencesDIBP, ‘Pricing Estimator’, < https://www.border.gov.au/Trav/Visa/Visa-1>.
Accessible on 12th May 2017.
Migration Agents Regulations 1998 – Part 2.
MIA, “MIA Members’ Code Of Ethics and Practice”, http://www.mia.org.au/documents/item/484>.
Accessed 12 May 2017.DIBP, ‘Health requirement’, < https://www.border.gov.au/Visas/supporting/Pages/health-requirement.aspx>.
Accessed 12 May 2017.DIBP, ‘Health Examinations’, https://www.border.gov.au/Trav/Visa/Heal/meeting-the-health-requirement.
Accessed 12 May 2017.DIBP, ‘Health waivers’, < https://www.border.gov.au/Trav/Visa/Heal/meeting-the-health-requirement/health-waivers>.
Retrieved 12 May 2017.
Imelda Arke, “Who is entitled” to a “Health waiver”, https://www.iargel.com.au/Portals/Iargel/Who%20is%20entitled%20to%20a%20Health%20Waiver%20IAA%20201011.pdf>.
This document was accessed 12/05/2017.
Nilesh Nandan, “Health Requirement And Health Waiver For Australian Visas”, https://myvisa.com.au/healthrequirement/healthwaivers/>.
Accessed 12 May 2017.
APH. “The Migration Health Requirement” file :///C/Users/Manisha%20Bhatia_Absas/Downloads/http—www.aphref.aph.gov.au–house–committee–mig–disability-report–chapter3%20(1).pdf>.
Accessed 12 May 2017.