Question 1

Memorandum

To: Mr. Gabriel

From:

Date: 08-10-2022

Subject: Information needed to give to the client

It has been identified that heavenly migration is currently making a written contract with the media sure group, which helps to provide health insurance for the visa holders, while on the other hand, SFX currency group allows them to make international currency money transfer. From this, the company keeps on the commission from both sides; right now, Mr Gabriel wanted to know whether the new codes of conduct support aur permit the agreements.

• Under the insurance act, 1973 companies can make collaborations between them to sell health insurance to the visa holders, and as the new code permits this arrangement, it is very much important for heavenly migration private limited to provide the client with all the information regarding the commission in written format, which is also known as product disclosure statement (Understandinsurance, 2022).
• On the other hand, this product disclosure statement must contain information regarding the nature and extent of the commissions and also the manner in which the commission is getting calculated, as per the code of conduct for registered migration agents in Australia issued on 1st March 2022 under the section 27 duty to hold professional indemnity insurance by the regulation 6b the company can sell insurance to the visa holders by the use of product disclosure statement (Mara.gov.au, 2022).
• In this statement, every detail, like pricing and commission charges, as well as the method of transferring the prices from one company to another company, is duly recorded.

Another major thing about the use of product disclosure statements or PDS is that the nature of the commission and the commission pricing method for calculation needs to be provided in a brief format.

Thank you

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Question 2

Memorandum

To: Mr. Gabriel

From:

Date: 08-10-2022

Subject: Processes for checking the documents for reviewing the sources and contents of the documents

It has been identified that heavenly migration is now conducting a process to make a brief check on all the documents provided by the client to identify the issues. As per the viewpoint of Mr Gabriel, it is very much important to change this process as it is no longer sufficient under the new food, but still, the cost must not increase.

• In this following situation, three options are available such as receiving all the source of documents and the content of the document also needs to be checked thoroughly as it will help to ensure that all the issues will get caught properly and the client understands the reason behind the left issues but still, the major concern is that it may increase the cost and time for the client.
• To keep the cost the same, the old method must need to be insured as it will provide proper help to ensure all the issues are currently identified and can be reached by the client for making the changes.
• As per the migration law of Australia 2021, the sections 13 and section 17, as well as section 33, briefly state that it is important for the migration service companies to give futile immigration assistance and not submit any wrong document to the government officials (Legislation, 2022).

Review the documents electronically as it will not only reduce the cost for the client, but no risk will be present that some of the document issues could get missed.

Thank you

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Question 3

Memorandum

To: Mr. Gabriel

From:

Date: 08-10-2022

Subject: Information regarding exercising control over advertising, communication and commissions

From the analysis, it has been identified that heavenly migration now makes collaboration with offshore education agents, and this company provides all the visa related enquiry services. Right now, heavenly migration has made an offer with them to pay a 10% finder’s fee so that the Ozzie’s education could redirect all the enquiry is to heavenly migration both the company runs a joint seminar twice a year inside Hong Kong, and this also includes the new advertisement features of Mr Gabriel. Right now, he is very much concerned and wants to understand if declaring the commission to the clients or exercising greater control over the advertising will help to increase the business and on the other hand, the communication in please with the potential client can lead to the high business or not.

• Right now, in this case, different circumstances may arise; for example, the 10% commission that is considered as a reference field directly comes under the regulation of the migration rights regulation authority or MARA code of conduct. This will only get properly permitted if the referrals are properly disclosed to the client, and the client also needs to give their own consent to the referral process (Tran et al. 2022).
• With the implementation of the new course of conduct, Mr Gabriel must need to declare they are commissioned to the client; otherwise, they could not get the value of referral programs and could not increase their client’s user bases inside Hong Kong. It is also very much important for Mr Gabriel to properly comply with the migration agent regulation authority to ensure that they are not making any mistakes in terms of getting a referral from other countries through making collaboration with a company.
• Exercising greater control over the advertisement and communication will be very much helpful in the case of Mr Gabriel as he could properly understand if the advertisements are effective or accurate and if they are compliant with this with proper Australian laws. As per the views of Shi et al. (2018), scrutinising the exercises in a timely manner is also important so that any wrong message does not get conveyed to the client, which can lead to a negative impact on the business in the international market.
• The next thing is exercising greater control over the communication with the potential client, and from the business perspective, it is another big thing as making direct communication with the client leads to a better understanding of all the services offered by the businesses, and the document exchange between the clients is a potential communication method on which the commission charges and the business perspective covered in full details.

Therefore, it can be said that Mr Gabriel must need to declare the commission to the client and also exercise moderate control over the advertisement and greater control over the communication with the potential clients inside Hong Kong.

Thank you

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Question 4

Memorandum

To: Heavenly Migration

From:

Date: 08-10-2022

Subject: Details regarding the streamline the consultation process under the new guidelines

It has been identified that heavenly migration is currently charging a fixed fee of 150 + GST for giving initial consultation to the visa. Similar not, they’re also providing a copy of the consumer guide and prospect science as a client agreement.

• Under the new code of conduct general duties division 1 section 13 of the general duty to act professionally and ethically subsection 13 (2), it has been identified that the migration agent does not engage themselves with the immigration advice and under the section 14, it is the duty to treat all the people by giving appropriate prospects and must need to provide proper information so that the prospects could find it useful and get their way back to the visa (Mara.gov.au, 2022).
• The heavenly migration can properly stimulate their initial consultation process with this new code; however, the company needs some circumstances which is clearly provided by the new code of conduct, as it is important for all the concentration services to provide a clear and concise explanation so that the customers could solve all their queries and expectations.
• It is also important to briefly describe the fees involved with this process.

Therefore, it will be very much difficult for the customers to pay it and sometimes can damage the reputation of the company inside the Australian Visa or immigration service industry.

Thank you

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Question 5

Memorandum

To: Heavenly Migration

From:

Date: 08-10-2022

Subject: Details regarding service agreement process

As per the code of conduct Australia under the section 42 service elements, it has been identified that the migration agent must not provide any immigration assistance to the client unless they are covering a service agreement for providing immigration assistance and authorised the agent to act on behalf of the clients.

• It is also properly mentioned in this code that all the service agreements must be properly written and duly signed by the client, and the migration agent will also give their signature in the agent business. Under this new rule, it is also important to briefly include the following details like name and date of birth as well as the residential address of the citizen, and the MARN also needs to be included that provides a brief description of works or services performed under the agreement (Mara.gov.au, 2022).
• Under section 49, if the migration agent or the member receives a good amount of fee, then the instrument other than section 51 will directly apply to itself in relation to the service agreement, and the migration agent must ensure they will cover any refund by maintaining sufficient funds which become payable.
• As per the section 44, it is important to include a written notice of variation to the service agreement, and it must not take effect unless the client is duly covered by the agreement agree to the written in the variation and.

Therefore, the section 45 also ensures the duty to ensure work or services are getting specified in the proper agreement and that all those things are completed in a brief format. After considering all of these things, heavenly migration must need to make their changes in the service agreement process under the new code.

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Question 6

Memorandum

To: Mr. Gabriel

From:

Date: 08-10-2022

Subject: Suggestions for complaint process

In the code of conduct under the section 10, the meaning of client money, it is clearly mentioned that the original agent or the members of the business musk need to refund some or all the money of the clients at standing instruction. It also has been identified that the migration agent must need to ensure all the time that sufficient funds are available to the business for covering any reform on the specific amount that needs to become payable.

• The migration agent is the responsible who will ensure the refunds are paid promptly and must be completed within 14 days after they become payable. If the client is getting charged for any kind of disbursement that is related to the work or services performed under a specific service agreement, then the excess charged must need to be returned by the business to the client.
• On a similar note, the responsible migration agent must be aware that all the money charged was not greater than the actual amount of disbursement, and according to the section 52 of the code of conduct, it is important to properly refund the client without making any problem (Mara.gov.au, 2022). As per the section 28 of this act and subsection 30(5), it has been identified that if the client’s money gets received by the migration agent, however, it was not utilised properly; therefore, it needs to be a proper refund.
• While before this act was commissioned on the first of March 2022, there was no need to refund the clients’ money if the client terminated their contract without providing any cause at any time, but after the first of March 2022, it is very much important and comes under the service agreement that the client can demand their money by terminating the contract, and it will be the responsibility of migration agent to properly refund or transfer otherwise the agent’s registration may get suspended.
• It also has been covered in this new code under the section 313 a registered migration agent not be entitled to pay any fee for providing any immigration assistance, and also, the assisted person must need to show a statement of services that provides all the particulars and details regarding the different services performed and the charges made in the responses of the services (Mara.gov.au, 2022).
• The refund of client money will be transferred by the other migration agent by giving a standing instruction, and it will be done under the code of conduct in March 2022 under the refund section.

Therefore, it can be said that Mr Gabriel must need to give or provide the client with their money as a refund if they wanted to terminate the service agreement at a specific time; however, there is a 14-day provision is present, and each client did cancel under the 14 days; therefore, they have to get the refund otherwise it on the basis of the business policies whether they will give the refund or not to the client as per the special circumstances.

Thank you

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