Assessment 3

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School

University of Tasmania *

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MISC

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Law

Date

Jan 9, 2024

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docx

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Uploaded by sanaghausi1987

Assessment 3 is a written assignment of 2000 words. The assessment intends to contextualise learning in a practical professional situation. Students are asked to analyse a problem and provide short answer and essay responses in an ethical context. The assignment is due for submission on 24 Oct 2023 at 23:59 It will address Learning Outcomes LO1, LO2, LO3 and LO4. Please use a cover sheet including your name and student number. A bibliography is not required. In text referencing is sufficient for this assessment. Read the following and answer the questions below: OMARA Decision record Jack Ta MARN 0212473 Decision Date 13/01/2023 available on the OMARA website at: OMARA Decision Record - Jack TA - Jan 2023 Redacted version for website 30 June 2023.pdf (669.54 KB) Links to an external site. Rapid Review into the Exploitation of Australia’s Visa System 31 March 2023 (the Nixon Review) available at: https://www.homeaffairs.gov.au/reports-and-pubs/files/nixon-review/nixon- review-exploitation-australia-visa-system.pdf 1. The OMARA found that Jack Ta had breached which section of the Migration Act 1958 (Cth)? 2 Marks 10 words 2. What conduct did the OMARA allege was the conduct that breached the Act in Question 1? Reference your answer. 2 Marks 40 Words. 3. What is the possible penalty set out in the Act for breaching that section of the Act (referred to in Q1)? 2 Marks 10 words. 4. What did the Nixon Review say about this penalty (as referred to in Q1)? What recommendation did they make about this penalty? 2 Marks 40 words. 5. Did OMARA impose this penalty (as referred to in Q1) on Jack Ta? What does the decision say about how this offence will instead be pursued? Reference the relevant paragraph of the decision record. 2 Marks 40 words. 6. What sanction did the delegate impose on Jack Ta? Reference the paragraph of the decision record and the relevant section of the Migration Act 1958 (Cth) 2 Marks 40 words. 7. The OMARA also found that Jack Ta is not a person of integrity or otherwise a fit and proper person to provide immigration assistance. Which is the relevant section and paragraph of

the Migration Act 1958 (Cth) which requires an RMA to be ‘fit and proper’? 2 Marks 10 words 8. What investigative methods did the OMARA apply to investigate the behaviour that they alleged breached the Act (as per Q1)? 2 Marks 40 words 9. Explain the nature of the s309 Notice referred to at paragraph 17 of the decision. 2 Marks 40 words. 10. Which section of the Migration (Migration Agents Code of Conduct) Regulations 2021 is relevant to a s309 Notice? 2 Marks 10 words 11. At paragraph 27 of the decision the delegate identifies 112 visa application submitted through an IP address 49.176.175.32. How many of these applications had no immigration assistance declared? How many ImmiAccounts were used to lodge these applications? How many of these were for PPV applications? 2 Marks 40 Words 12. At paragraphs 39 to 42 of the decision, the delegate finds that Jack Ta’s conduct was also a breach of the former code. List the clauses of the former code referred to. For each clause, list the corresponding section of the current code. 2 marks 40 words 13. At paragraphs 52 to 67 of the decision record, the delegate makes findings that the agent breached sections 13 and 18 of the current code of conduct. Explain in your own words what conduct lead to this finding, and how the conduct breached those sections. 7 Marks 800 words 14. With respect to the Allegation CAS-10318-D4F8- Ms V at paragraphs 168 to 204 of the decision record, summarise in your own words how much Jack Ta or his businesses charged Ms V. Discuss the findings as to whether these fees were ‘reasonable in the circumstances’. 7 Marks 800 words 15. Identify the clause of the former code dealing with reasonable fees. List the corresponding section of the current code. 2 marks 40 words View Rubric

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Assessment 3

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