QUESTION 1: Jan Brady is a registered migration agent who has recently completed a Graduate Certificate in Migration Law and Practice. Her first client is Heather Wu, a citizen of the Peoples Republic of China and her husband, Philip Clarke, an Australian citizen. Heather wishes to apply for a Partner visa (Class UK/BS), in Australia. Heather is presently in Australia on a Visitor visa (Class FA) sub class 600. The visa does not have an 8503 condition attached to it. Jan's fees for assisting with the partner visa application are $2,200 plus disbursements and out of pocket expenses. All fees are to be paid upfront including all out of pocket expenses and disbursements to be paid to the Department of Immigration and Border Protection (DIBP).
Prepare a letter of advice, in plain English, for Jan in relation to the procedural, accounting and ethical requirements she would have to meet to comply with the requirements under the Migration Act 1958, the Migration Agents Regulations 1998 and the Code of Conduct in relation to being appointed by Heather and Philip as migration agent and charging them for the work.
You are also required to stipulate, as far as practicable, all "disbursements and out of pocket expenses" and the requirements to make a valid visa application for a Partner visa (Class UK/BS) for Heather.
(Maximum Word Limit: 1250 words)
QUESTION 2: Heather obtained an Intervention Order (family violence) against Philip in the Magistrates' Court. Philip informs you that the Order was obtained by Heather giving fraudulent evidence. Heather wants you to continue acting on their behalf in relation to the migration application and Philip wants you to withdraw the application. What are your obligations (if any) under the Code of Conduct?