IMMICON (www.immicon.com.au ) provides Australian Visa/Immigration services subject to the following terms and conditions
Definitions
“We”, “our”, “us”, “IMMICON” or “IMMIGRATION TO AUSTRALIA” shall mean Immicon Pty Ltd or where appropriate referred to Immicon Legal Pty Ltd including a representative directly employed or as a Subcontractor working on behalf of the company.
Immicon physical business address is 55C Kooyong Road North Caulfield, VICTORIA 3161 Australia
“Client” or “you” or “your” means the individual (which can include an individual as a representative on behalf of a company) visiting the IMMICON website, whether they have purchased a service or not.
“DOHA” means Department Of Home Affairs
“Service” means one of services provided by Immicon Pty Ltd or where appropriate referred to Immicon Legal Pty Ltd.
“Terms” means these terms and conditions.
“Working Day” means a day on which banks are open for business in Melbourne, Australia.
“Website” means www.immicon.com.au
“Application” shall mean the provision of advice, preparation and submission of any documents, material or verbal statements howsoever transmitted to the intended recipient and made in respect of any immigration benefit or employment authorization, including but not being limited to skills assessments, pre-lodgment services, points test advice applications, work permits, visas applications, expression of interest (EOI), reviews, tribunal cases, occupations assessments, business plans, sponsorship approvals, change of visa status, naturalization and citizenship, which benefit or authorisation may be conferred by any government in the World.
“Fees” shall mean any sums due to us for services rendered plus any Good and Services Tax or other governmental fee, levy or penalty applicable thereto, including but not being limited to GST.
Access to the Migration Advice Professional Document
Please be aware that to comply with the DOHA regulations, you are required to read the document titled “Consumer Guide”. A link to this document is provided in your Registration email. The client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to National Visas. Please see the link to this document below: https://www.mara.gov.au/media/152338/consumer_guide_english.pdf
Online Migration Consultation
During a Q&A session, the intention is to answer migration related questions that you may have. In the case where the questions are complex, the Migration Agent may where reasonable and required source the information and book a further time with you as agreed.
During online session, a Registered Migration Agent may ask you a series of questions in order to better understand your circumstances or as required in the case where you have booked an assessment and the Migration Agent has is assessing your eligibility for Migration to Australia under the various visa classes. It is intended to provide a preliminary assessment of your eligibility under the migration regulations.
IMMICON can indicate to you the likelihood of success once you complete a full assessment. IMMICON does not guarantee any outcome in relation to any application you may lodge in the future. The final decision is always made with the Department of Of Home Affairs.
In the case where a services agreement has been signed and payment for professional services have been paid, IMMICON will assist to prepare and submit your application as decision ready as possible to give you the best chances of success. Lodgement fees need to be paid at the time that they are due.
As Australian Immigration law is subject to legislative and other practical changes, you need to complete the full assessment process to enable one of our Registered Migration Agents to provide a comprehensive assessment of your personal situation.
Where a 15, 30 ad 60 minute consultation is booked, it does not include a follow up.
Where a 60 minute consultation, written assessment and follow up has been booked, a Registered Migration Agent may ask for additional information or offer to have an additional meeting as part of your assessment process. This will be included on the assessment.
Our assessment is based on information provided. The assessment may change in the case where you have engaged our services, and the documents provided don’t support the original assessment or in the case where there are changes to the Migration Regulations along the way. For example, if you provide a resume that presents your employment during a date period, and the documents do not support this when we are preparing your application. A further example is in the case where you are required to have competent English and your English test does not support this.
the Further assessment may also be required by one of our Registered Migration Agents to determine your suitability for an application, particularly in relation to English Language ability, sponsorship and/ or your suitability for an occupation you select (if appropriate for your application). This may also involve third parties for example an English testing approved body or skills assessing body. If you wish to obtain a comprehensive assessment of your eligibility for an application, you should book our assessment. You will then be in an informed position to be able to decide the next step you wish to take.
Australian Visa applications also require that you meet the Health and character requirements. When we quote a fee for service it is generally a fixed fee unless otherwise discussed. Where there is a new scope of works additional fees will apply. This can be in the example where an application is refused and an appeal is sought. A further example is where there is a health or character issue or other request made by the Department of Home Affairs for further information.
Personal Profile
If you use the website, you are responsible for maintaining the confidentiality of your Personal Profile and password, and for restricting access to your internet devices, and you agree to accept responsibility for all activities that occur under your Personal Profile or password.
Q&A Session, Online Visa Discussions & Assessments
You can book here
General Information
Immigration legislation and policy is subject to frequent change – some of these are retrospective but most are not. All advice and work done by IMMICON is based on the legal and policy requirements which are applicable and publicly available at the time you engage our services.
1 July each year is a significant date for changes to the DOHA regulations, legislation, policy and processing fees. Changes can occur at any other times.
There is sometimes a time lag between the date when legal and policy changes come into effect and the date when the text of these changes becomes publicly available. IMMICON cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the service is provided or which may occur after the service has been provided to the client (Full Migration Service clients – If such changes affect the application, we will advise you as soon as possible and take any necessary action to deal with it).
The client is encouraged to seek additional guidance from one of our Registered Migration Agents and/or make independent enquiries before relying on the information provided as part of the service. We must point out that although we will use our best endeavors to ensure the success of the application, we cannot guarantee that it will be approved.
Goods and Services Tax
All amounts paid by you within Australia are subject to a 10% Goods and Services Tax (GST). This amount is included in all fees displayed on the website or quoted by staff. Fees paid from outside of Australia do not attract GST. There is no GST applicable to the DOHA lodgement fees.
Responsibilities of the Client
On entering this agreement you agree to:
Failure to meet any of these terms may result in a weakened and ultimately unsuccessful application. IMMICON will not be obliged to refund fees if this occurs.
Information Provided by the Client
IMMICON will use and rely on information provided by the client in the provision of the service without having independently verified or assumed responsibility for the accuracy or completeness of such information. Accordingly, the information provided by the client must be correct, including contact details such as e-mail, etc. If the information provided by the client is not correct, the service may not be accurate. Any advice provided to you should not be used by a third party as each case is subject to different documentation and form completion requirements according to individual circumstances. Please note the DOHA takes serious action in cases where information has been purposefully withheld and where false and fraudulent information has been provided. This may result in further work needed to be undertake on your application and additional fees as well the very real possibility that your application can be refused.
Code of Conduct
Under Australian law, any migration agent who provides advice within Australia must be registered with the Office of the Migration Agents Registration Authority (OMARA). OMARA is responsible for administering the Code of Conduct (“the Code”), which governs Migration Agents’ behaviour in regards to such issues as character, competency, diligence and fairness.
Migration Agents are also required to provide a copy of the Information on the Regulation of the Migration Advice Profession (Consumer Guide).
A copy of the Consumer Guide can be found at the link below:
https://www.mara.gov.au/media/152338/consumer_guide_english.pdf
A copy of the Code of conduct can be found at the link below:
https://www.mara.gov.au/media/553229/Code_of_Conduct_March_2022.pdf
Amongst other code requirements, IMMICON undertakes the following:
Please understand that registered migration agents are prohibited from making a statement, or encouraging the making of a statement, in support of an application under the Migration Act 1958 or the Migration Regulations 1994, which they know or believe to be misleading or inaccurate.
Notification Obligations for Immigration to Australia full Migration Service Package
As your representative before the Department of Home Affairs – DOHA, it is imperative that you or the applicant consult your Registered Migration Agent before communicating with the Department of Home Affairs or taking any action which may affect your visa status or application. The types of events which could affect the application include:
Your health status and the health status of any accompanying family members are also relevant. All applicants for a visa must satisfy mandatory health requirements. If you or one family member fails to do so, all applicants for the visa will be refused even if all the other eligibility criteria have been satisfied.
It is essential that IMMICON be advised of any changes of address or contact details in a timely manner. Migration legislation deems a person to have received the Department of Immigration correspondence if it was sent to the last known address given to the DOHA regardless of whether or not they have in fact received it.
If a migration agent is acting for you, you will be deemed to have received correspondence sent to the migration agent. IMMICON will not be liable for any adverse consequences that may result from your failure to notify changes of address or contact details in a timely manner or to keep IMMICON informed of any change in your circumstances.
Period of Engagement
It is difficult for IMMICON to provide an exact time frame to complete the service. This will be dependent on the service purchased and speed with which information is received from the client, as well as the time taken by the relevant third party body/authority and/or the Department of Immigration to process the respective applications. Whilst we can provide a guide, we cannot take responsibility if delays occurs.
The period of engagement is considered to commence from the date that IMMICON receives payment for the requested service. The engagement ceases upon completion of the service, OR if the agreement is terminated earlier.
Period of Engagement
You may terminate this agreement at any time by giving IMMICON written notice. If you terminate the agreement, the date of termination is the date upon which written notice is received by IMMICON.
IMMICON may terminate this agreement by written notice any time in reasonable circumstances. Reasonable circumstances may include, but are not limited to the following:
In the event that IMMICON terminates the agreement, the date of termination is the date upon which it advises you of the termination.
If the agreement is terminated, IMMICON shall be entitled to fees incurred up until and including the date that the agreement ceases, as set out below:
Disputes or Complaints
A number of avenues are available if a dispute or complaint arises between you and IMMICON in relation to the provision of services under this agreement. If you have any queries or concerns about our costs or provision of services, please discuss these with your migration agent as soon as they arise. If you are not satisfied with any action taken by IMMICON to resolve your query or remedy your concern, you are entitled to refer the matter to the Migration Agents Registration Authority, PO Box Q1551 QVB NSW 1230 Australia.
Governing Law
Validity, interpretation and performance of the contract shall be governed by the laws of Victoria and the parties submit to the exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals there from.
Document Retention Policy
When we have completed the service, it is our practice to return all of your original documents. Any other documentation on your file to which you may be entitled to – such as copies of your application, submission(s) and our correspondence with you and third parties (“your documents”) – will be kept by us for at least two (7) years after work has been completed on your matter (“the document retention deadline”). You may request a copy of your documents at any stage before the document retention deadline.
If you request that a copy of your documents be sent to you or another person before the document retention deadline, IMMICON will send these to you subject to your advance payment of our fees to cover photocopying and postage costs. Please note that our obligation to retain your documents concludes once we have sent them to you.
If you do not request that a copy of your documents be sent to you or another person before the document retention deadline, IMMICON reserves the right to destroy your documents after the document retention deadline, unless we receive written instructions from you requesting that we continue to store your documents for a further period of up to five (5) years. Your documents can be retained for up to five (5) more years after the document retention deadline, but a storage fee of at least $500 will be charged. The storage fee must be paid in advance at the time you request that the documents be stored for a further five (5) years after the document retention deadline.
Acceptance of our Services Agreement
As you (or the company) are the main applicant, you (or the company) will be the primary applicant and any accompanying individuals will be secondary applicants. You are deemed to have agreed to the terms and conditions on behalf of any secondary applicants whether they be adults 18 years of age or older or minors (children) under the age of 18 who are engaging our services. An agreement to appoint and agent will be provided to you outlining the service that will be provided as well as a full costing.