Code of conduct as prescribed under the migration

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Question

You are a newly registered migration agent and have been employed in a migration agency for the last 6 months. You have been assisting the principal migration agent, Gupta Singh, with Temporary Employer Sponsored visa applications. Gupta gives you a file to review and is very concerned about the situation as the application was lodged by one of his former employees who was a registered migration agent. You notice in that file there is an application for a Class GK Subclass 482 Temporary Skill Shortage Visa. The applicants are Franz Gunter, who is a mining engineer, and his wife Wilhelma and their two children, Ingrid and Johan. They are all presently in Hamburg, Germany. You notice that Franz, Wilhelma and Ingrid were included in the application, but not Johan. The application, including the sponsorship and nomination, has now been lodged for 3 months. No one has advised the client(s) about the inadvertent mistake. The Service Agreement was signed by Franz' employer who runs a mining company in Perth, Western Australia. Franz' employer has paid $7,000 plus the application fees which has been deposited into Gupta's clients' account. This was the fee quoted in the Service Agreement. You also notice that there was no receipt issued for this deposit. Gupta informs you that Franz and his employer are very difficult clients to deal with and constantly request updates despite the fact that the application was only lodged 3 months ago.

1. Who exactly is Gupta's client(s) for the purposes of providing immigration assistance?

2. Are there any breaches of the Code of Conduct as prescribed under the Migration (Migration Agents Code of Conduct) Regulations 2021?

3. What, if anything, can be done to ensure that Johan is included in the application?

4. What are the prospects of success?

Reference no: EM133985519

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