His subclass 600 Visitor Visa expired 2 years ago. He lodged an application for a Class XA subclass 866
Protection Visa prior to the expiry of his visitor visa. This application was lodged by another migration
agent who advised Jerry that although he had no chance of success, making this application would at
least buy him time. The application was refused three weeks after he lodged the application. He did not
have the application reviewed at the Administrative Appeals Tribunal (AAT).
Jerry informs you that he was a renowned chef in China specialising in Shanghai Chinese cuisine and the
Hyatt Hotel in Sydney is willing to sponsor him under Class GK subclass 482 Temporary Skilled Shortage
Visa. He is willing to accept the sponsorship provided he does not have to return to China as the real
reason he does not want to return to China is that his parents want him to get married to a local Chinese
girl who he is not in love with. However, if he cannot stay in Australia and has to return to China, he does
not wish to proceed with the application as he has been offered another job with another 5 star hotel in
China. Jerry would like everything to be in writing as his previous migration agent was reluctant to put
anything in writing.
You inform Jerry that the cost for the provision of written advice is $200 as it will take you 2 hours to
complete the letter.
Task
1. Prepare a concise letter of advice to Jerry as to whether he can make a valid application in Australia for
a Class GK subclass 482 Temporary Skilled Shortage Visa in light of his circumstances? As part of the
letter of advice, you are required to explain in plain English his visa conditions.
2. As a registered migration agent:
(a) Advise Jerry as to what breaches, if any, would his former migration agent have committed under the
Migration Agents Regulations 1994, based on the above scenario? What should the former agent have
done in those circumstances?
(b) What are your obligations under the Migration Agents Regulations 1994 in relation to the agreement to
charge the client $200 for the provision of a letter of advice?