You have graduated from the Graduate Diploma in Migration Law from Victoria University and have satisfied all the requirements to become a registered migration agent (RMA). A key lesson you learnt from the course is that the law constantly changes. As you will be starting your own business and to ensure you are always up to date with your knowledge of migration law, you have decided that you need to consider how to best keep your knowledge and skills current. You have also decided that you will not limit yourself to one type of visa when you first begin as you would like to ensure you do not limit yourself in the market. In light of the above, consider and explain what areas would require further professional development. How are you going to achieve these objectives, both from a practical standpoint and in terms of self, external and peer assessment? Your business starts to pick up and you are surprised at how many people you talk to knows someone who knows someone else who needs migration advice. You have already handed out all the business cards you have and have ordered more. You are still learning how to manage different client personalities. In particular, you find that clients that have been assisted by another migration agent and then come to you, sometimes seem to be distrusting of you at the beginning and are not as pleasant. You have also found that some RMA’s are reluctant to provide you with these clients’ files. There is one client in particular, Deb Chan, a permanent resident of Australia and a Chinese citizen. Deb is currently in Australia. Deb is adamant that her previous agent did not assist her properly. When you contact the agent for her file over the phone he says “ Tell this Deb, to pay up the rest of my fees or she will never see her file again and by the way, trust me on this, you will regret taking on this client”. Deb was able to provide the refusal decision to you and you can see her previous agent lodged an application for a resident return visa and that it was decided she did not have substantial ties based on lack of evidentiary proof. Deb asked you to just fix it by any means possible. You ask her whether she has any proof of the ties she is relying on and she says that her previous migration agent was also her personal assistant and she thought he would be organising it all, so to just ask him. 1. What options does Deb have in relation to the refusal of the resident return visa application? What steps would you need to undertake, including time limits, in relation to the above options? 2. What procedural steps would you undertake in relation to the previous migration agent’s refusal to provide Deb’s file? 3. Did the previous migration agent commit any breaches of the Code of Conduct?
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