Wednesday, July 8, 2020
Alliance Manchester Business School Consulting Services - 275 Words
Alliance Manchester Business School: Consulting Services (Research Proposal Sample) Content: The University of Manchester,Alliance Manchester Business SchoolWhy small and medium size companies in the Bogot Cundinamarca region demand consulting services?This project report is submitted in partial fulfillment of the requirements for the Degree of Master of Business AdministrationDeclaration:No portion of the work referred to in this project report has been submitted in support of an application for another degree or qualification of this or any other university or other institute of learning;Copyright Statements: * The author of this project report (including any appendices and/or schedules to this project report) owns certain copyright or related rights in it (the Copyright) and s/he has given The University of Manchester certain rights to use such Copyright, including for administrative purposes.ii. Copies of this project report, either in full or in extracts and whether in hard or electronic copy, may be made only in accordance with the Copyright, Designs a nd Patents Act 1988 (as amended) and regulations issued under it or, where appropriate, in accordance with licensing agreements which the University has entered into. This page must form part of any such copies made.iii. The ownership of certain Copyright, patents, designs, trademarks and other intellectual property (the Intellectual Property) and any reproductions of copyright works in the project report, for example graphs and tables (Reproductions), which may be described in this project report, may not be owned by the author and may be owned by third parties. Such Intellectual Property and Reproductions cannot and must not be made available for use without the prior written permission of the owner(s) of the relevant Intellectual Property and/or Reproductions.iv. Further information on the conditions under which disclosure, publication and commercialization of this project report, the Copyright and any Intellectual Property and/or Reproductions described in it may take place is a vailable in the University IP Policy (see http://documents.manchester.ac.uk/display.aspx?DocID=487 and in the Guidance on Publication from the Global MBA Project which is available on the Blackboard Project module.Acknowledgments: I would like to thank the time and the invaluable contributions of the supervisor of this project, who enriched the analysis and methodological aspects to produce a work of recognizable technical value, and the support of the directives of Prodoa, to have a greater understanding of a typical SME consultancy in Bogot - Colombia. I would also like to thank all surveyed companies for their insightful responses to this important project. The regression results were performed using SPSS Statistical Software.Table of ContentsTOC \o "1-3" \h \z \u 1.Executive summary. PAGEREF _Toc466007770 \h 52.Introduction. PAGEREF _Toc466007771 \h 63.Industry, Company Background and Clients requirements. PAGEREF _Toc466007772 \h 74.Literature Review: PAGEREF _Toc466007773 \h 84.1. The characteristics of SMEs PAGEREF _Toc466007774 \h 94.2. The process and distinct features of the consultancy services for SMEs. PAGEREF _Toc466007775 \h 94.3. The effectiveness of consultancy from the viewpoint of the SME. PAGEREF _Toc466007776 \h 114.4. The drivers and motivations of the demand for consulting services for SMEs. PAGEREF _Toc466007777 \h 135.Analysis: Research Findings and Implication to Research Objectives. PAGEREF _Toc466007778 \h 145.1. Objective 1. To identify the main factors on the demand of consulting services from the studies of the academic literature. PAGEREF _Toc466007779 \h 145.2. Conceptual model. PAGEREF _Toc466007782 \h 17Figure 1: Conceptual Model. PAGEREF _Toc466007783 \h 185.3. Methodology and Data. PAGEREF _Toc466007784 \h 185.4. Results: PAGEREF _Toc466007785 \h 215.5. Objective 2. To test and validate the factors in the econometric model, with the highest explanatory value of the demand of consulting services. PAGEREF _Toc466007789 \h 25 5.6. Objective 3. To contrast the results from the model, with the findings from the academic studies. PAGEREF _Toc466007796 \h 306.Conclusions and recommendations. PAGEREF _Toc466007797 \h 347.References: PAGEREF _Toc466007798 \h 36Appendix A: PAGEREF _Toc466007799 \h 41Appendix B: PAGEREF _Toc466007800 \h 43List of tablesTable 1. Determinant of the consulting services of SME in the academic literature. PAGEREF _Toc466007780 \h 14Table 2. Main factors explaining demand for consulting services. PAGEREF _Toc466007781 \h 16Table 3. Characteristics of the companies in the sample. PAGEREF _Toc466007786 \h 21Table 4. Characteristics of the respondents in the sample. PAGEREF _Toc466007787 \h 22Table 5. Characteristics of the demand for consulting services. PAGEREF _Toc466007788 \h 24Table 6. Test of model coefficients. PAGEREF _Toc466007790 \h 25Table 8. Model Summary. PAGEREF _Toc466007791 \h 26Table 9. Percentage predicted by the model. PAGEREF _Toc466007792 \h 26Table 10. Variables in the model PAGEREF _Toc466007793 \h 27List of figuresFigure 1: Conceptual Model. PAGEREF _Toc466007783 \h 18Figure 2 ROC Curve. PAGEREF _Toc466007794 \h 28Figure 3 CHAID decision tree. PAGEREF _Toc466007795 \h 29 1 Executive summary.This project aims to determine the factors of the demand for consulting services for small and medium-sized enterprises in the Bogota Cundinamarca region, which, in principle, are hypothesized, different from those of developed countries. Understanding the reasons for those companies that have a greater probability of demanding the consulting services, is possible to offer insights to SME consulting services of the most important factors which determine the likelihood of hiring external advice. The main factors on demand for consulting services, were identified in the academic literature and are related to the respondents characteristics such as gender, age, educational level and features of the SME as the number of employees, total assets, number of yea rs in the market and some related to the consulting activity itself, like the average tariff paid per hour and the type of services.Furthermore, the corporate and respondents features information was obtained from a sample of small and medium-sized companies in the city of Bogota - Colombia, through online surveys and the data gathered was validated and analyzed through a binary logistic regression model and CHAID method. The results of the regression model show that the most important factors in the demand for consulting services is the size of the company measured by the number of employees and total assets and the type of services, as in the case of accounting and auditing, and this was validated by the CHAID method. Some of the variables tested to confirm what other academic studies have found in developed countries. Nonetheless, other variables do not explain the hiring of external advice, as in the case of the educational level of the respondent, the number of years of the com panies in the market or even the tariff paid. The results of the model and the CHAID method, indicate that the SME in Bogot - Colombia, should focus their efforts and would have a greater impact on larger companies, and by offering some consulting services. 2 Introduction.The research aim of the project is to understand why small and medium-size companies in the Bogot Cundinamarca region, demand consulting services, where the factors in underdeveloped countries like Colombia, in this research are hypothesized, to be different from those of the developed nations.To test the above, some data related to company profiles, respondent characteristics and consultancy features, was collected from a sample of SMEs in the Bogot Cundinamarca region, to be validated and tested with an econometric model and statistical methods, to contrast the results with the findings of some of the studies from developed countries, to offer insights to SMEs consulting companies, as in the case of Prodoa SAS, of the enterprises that would likely demand those services.The projects objectives are as follows:Objective 1. To identify the main factors on demand for consultancy services from the studies in the academic literature. There are several studies from developed countries, as in the case of (North et al., 2001); (Johnson et al., 2007); (Robson and Bennett, 2000, 2010), and some from developing nations (Nicolescu, 2014), which have discussed some factors and motivations on the demand for consulting services by SMEs.Objective 2. To test and validate the factors in the econometric model, with the highest explanatory value of the demand for consulting services. The data collected from the sample of SMEs in Bogot will be tested and validated with a binary logistic regression model and CHAID method to find the relationship of the distinct variables with the demand for consultancy, and determine the ones with the maximum levels of significance.Objective 3. To contrast the results from the model, with the findings from the academic studies. The results from the model will be contrasted with the findings in the academic literature, to understand whether or not the factors which explain the demand of consultancy are similar or differ between developed and developing countries.The project document initiates with a discussion of the industry, company background and clients requirements. Additionally, it will explore the academic literature within the context of consulting services from the demand side for the small and medium-size companies. Then, provides details of the data and methodology used with the corresponding analysis and the results of the model, to meet the projects objectives. Finally, concludes a...
Tuesday, May 19, 2020
Commerce Clause Meaning and Applications
The Commerce Clause is a provision of the U.S. Constitution (Article 1, Section 8) that grants Congress the power ââ¬Å"to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. This law gives the federal government the power to regulate interstate commerce, which it defines as the sale, purchase, or exchange of commodities or the transportation of people, money, or goods between different states.à Congress has historically cited the Commerce Clause as justification for laws and regulations controlling the activities of the states and their citizens. In some instances, these laws lead to controversy over the constitutional division between the powers of the federal government and rights of the states. Dormant Commerce Clause The courts have interpreted the Commerce Clause as not only an explicit grant of power to Congress, but also an implied ban against state laws that conflict with federal lawââ¬âsometimes called the Dormant Commerce Clause. The Dormant Commerce Clause refers to the Commerce Clauseââ¬â¢s implied prohibition against state laws that conflict with federal law by discriminating against or excessively burdening interstate commerce. This prohibition is primarily intended to prevent the states from enacting ââ¬Å"protectionistâ⬠trade laws. What Is Commerce? Since the Constitution does not explicitly define ââ¬Å"commerce,â⬠the exact meaning is a source of legal debate. Some constitutional scholars contend that ââ¬Å"commerceâ⬠refers only to trade or exchange. Others argue that it has a broader meaning, referring to all commercial and social interaction between residents of different states. These divergent interpretations create a controversial line between federal and state power. Interpretation of Commerce: 1824 to 1995 The first legal interpretation of the scope of the Commerce Clause came in 1824, when the Supreme Court decided the case of Gibbons v. Ogden. In one of the first major expansions of the powers of the federal government, the Court ruled that Congress could use the Commerce Clause to enact laws regulating both interstate and intrastate trade. In the 1905 case of Swift and Company v. United States, the Supreme Court refined its 1824 interpretation by ruling that Congress could apply the Commerce Clause in regulating the practices of local businessesââ¬âintrastate commerceââ¬âonly if those local business practices were in some way a part of a ââ¬Å"currentâ⬠or stream of commerce that also involved the movement of goods between states. In the 1937 case of NLRB v. Jones Laughlin Steel Corp, the Court significantly broadened the reach of the Commerce Clause. Specifically, the Court held that any local business activity could be defined as ââ¬Å"commerceâ⬠as long as it had or was likely to have a ââ¬Å"substantial economic effectâ⬠on interstate commerce. Under this interpretation, for example, Congress gained the power to enact laws regulating local firearms dealers if any of the guns they sell are manufactured outside of their states. Over the next 58 years, not a single law based on the Commerce Clause was invalidated by the Supreme Court. Then, in 1995, the Court narrowed its interpretation of commerce with its ruling in the case of United States v. Lopez. In its decision, the Court struck down parts of the federal Gun-Free School Zones Act of 1990, finding that the act of possessing a firearm is not an economic activity. Current Interpretation: The Three-Part Test When deciding that a state law is a valid exercise of the stateââ¬â¢s power to regulate interstate commerce under the implied prohibitions of the Commerce Clause, the Supreme Court now applies this three-part test: The law must in no way discriminate against or excessively interfere with interstate commerce.The commerce regulated by the state law must not be of a nature that requires regulation by the federal government.The federal governmentââ¬â¢s interest in regulating the commerce in question must not outweigh the interest of the state. To uphold a state law under the Commerce Clause, the Supreme Court must find that the lawââ¬â¢s benefits outweigh its burdens on interstate commerce. In addition, the Court must find that in enacting the law, the state is not attempting to advance the economic interest of its own citizens over those of the citizens of other states. Current Applications in Law In its 2005 decision in the case of Gonzales v. Raich, the Court returned to a wider interpretation of the Commerce Clause when it upheld federal laws regulating the production of marijuana in states that had legalized marijuana possession. The Supreme Courtââ¬â¢s most recent interpretation of the Commerce Clause came from the 2012 case of NFIB v. Sebelius, in which the Court upheld Congressââ¬â¢ power to enact the individual mandate provision of the Affordable Care Act requiring all uninsured individuals to secure health insurance or pay a tax penalty. In reaching its 5-4 decision, the Court found that while the mandate was a constitutional exercise of Congressââ¬â¢ power to tax, it was not a proper use of Congresss Commerce Clause or Necessary and Proper Clause powers. Sources â⬠Commerce Clauseââ¬Å" Legal Information Institute. Cornell Law School.ââ¬Å"Commerce Clause Limitations on State Regulation.â⬠University of Missouri-Kansas CityWilliams, Norman. Why Congress May Not Overrule the Dormant Commerce Clause. UCLA Law Review (2005). ââ¬Å"Federal Courts Split on Constitutionality of Individual Mandate in Health Care Law.â⬠Regulatory Review (2011).
Wednesday, May 6, 2020
An Influential Psychologists Of All Times - 906 Words
One of the most influential psychologists of all times is Burrhus Frederic Skinner, also known as B. F. Skinner, who was born on March 20, 1904 in a small town called Susquehanna, Pennsylvania. B. F. Skinner was raised in a warm and wealthy home. His father was a lawyer and his mother was a stay at home mom. In Skinnerââ¬â¢s early childhood, it was noted that he and his younger brother, Edward James, liked to build things such as arrows and shack in the woods, to name a few ( ). These construction skills would enable an older Skinner to build the equipment invented for his psychology research. As he grew up, he went through all twelve grades at the same school, graduating with less than eight students. Within these years, he developed an interest in art and literature through drawing and later reading Shakespeare (Dews, 1970). In Skinnerââ¬â¢s higher education, he attended Hamilton College in New York, where he majored in English Literature to become a writer ( ). Soon after college, Skinner tried to write his first psychological novel but failed to do so because of family trouble and lack of success. After becoming discontent with his literary skills, and inspired by John B. Watson and Ivan Pavlovââ¬â¢s Behaviorism, he obtained a degree in psychology from Harvard University in 1928. Soon after, Skinner graduated with his PhD from Harvard in 1931, which led him to the development of his influential operant behaviorism ( ). B. F. Skinners had many contributions within in hisShow MoreRelatedHow Psychology Has Remain A Progressive Science1541 Words à |à 7 Pages Psychology has remain a progressive science due to the many contributions of influential leaders. In this paper I will mention three historical figures who I believe were important in the development of the field of psychology in the past and till this day. Paul Ekman is an American psychologist who became a pioneer in the study of emotions and their relation to facial expressions. 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Abraham Maslow (April 1, 1908- June 8, 1970) was an American psychologist who is best known for his theories on motivation, his hierarchy of needs and as being one of the founding fathers of humanistic psychology (Popova, date unknown). As he is largely associated with such themes such as motivation, needs and humanistic psychology the assignmentRead MorePsychology : The Mind And Behavior1749 Words à |à 7 Pagesthinking and understanding of the behavior of those around us and of ourselves. Over the years, Psychology has had many changes and developments, and many influential people and experiments have popped up. Psychology has gone from simply blaming all behavior on Pagan gods, to studying behavior and the mind through a few different perspectives, which all view the causes of behavior in a different way. By analysis of behavior and actions, the field of Psychology has come to be our main way of determining
The Context Of The Second Amendment Essay free essay sample
, Research Paper The Context of The Second Amendment The reading of the Second Amendment to the Constitution of the United States of America has been a subject of contention since its credence over two-hundred old ages ago. This contention stems from the fact that the amendment was written for grounds for the most portion that do non hold any relevancy today. One side argues the amendment nothingness, and the other takes it out of historical context so it portrays the significance they want. To understand what the 2nd Amendment means, one must construe the existent text, the historical background for its acceptance, and what it means today. ? A good regulated Militia, being necessary to the security of a Free State, the right of the people to maintain and bear Weaponries, shall non be infringed? ( Nesbit, 309 ) . What many people see when they read this is, ? the right of the people to maintain and bear Weaponries, shall non be infringed? . One can state that it clearly states that the people do hold a right to hold pieces. Who are? the people? ? Some argue that the people are merely what it says, citizens. ? [ M ] any legal historiographers have concluded that the right is corporate instead that single? ( Hook, 30 ) . Meaning that the right is giving to the province authorities non to single citizens. Others argue that it does give people the right to bear weaponries, but merely if you belong to a certain group. This group is defined by the beginning preamble to the Second Amendment, ? A good regulated Militia, being necessary to the security of a Free State? . This preamble is set out to modulate the other half of the Amendment. What is a reserves? ? [ A ] reserves is a organic structure of work forces enrolled for military service, and called out sporadically for drill and exercisings, but functioning full clip merely in exigency? ( Hook, 25 ) . This is speaking about a State sponsored reserves that is well-regulated. Since there are no State Militias do the people have any right to bear Arms? Harmonizing to this amendment it is up to the State to make up ones mind that. This whole Amendment is warrant? s the province the right to hold a well-regulated reserves in which the people can bear weaponries. ? [ T ] he persons right to bear weaponries applies merely to the saving or efficiency of a well-regulated [ province ] reserves. Except for lawful constabularies and military intents, the ownership of arms by persons is non constitutionally protected? ( Nisbet, 316 ) . One can non merely look at the text to understand the true significance of the Second Amendment 1 must besides look into the historical grounds for its acceptance. The battle with England and King George scared the American people. They saw a adult male corrupted by power and utilizing his power to make evil. The establishing male parents realized that one adult male holding so much power could be perverting. That is why they set up our political system with many cheques and balances so that one subdivision could non rule the other two. The establishing male parents feared that the one adult male in control could turn out to be a autocrat. For this ground, they feared to hold a standing ground forces of professionally trained soldiers. The establishing male parents set up the Second Amendment for the possibility that the authorities would hold to be overthrown. ? [ The Second Amendment, ] a statement possibly aimed less at the right of the person to transport weaponries than to forbid the constitution of a lasting ground forces of professional soldiers who might some twenty-four hours offer a menace to the civilian society the envisaged? ( Hook, 26 ) . So the 2nd Amendment was set up to protect the citizens from the possible subjugation they could undergo from their ain authorities. It was besides set up to protect us from other states. At the clip standing ground forcess were hired soldiers and soldier of fortunes who for the most portion fought for the money alternatively of the state. The establishing male parents believed that province reservess contending for their state and freedom would be much more effectual in conflict. ? A reserves is the lone safe signifier of military power that a popular goverment can use ; and because it is composed of the armed [ citizens ] , it will predominate over the materialistic professionals who adult male the ground forcess of neighbouring sovereign? ( Nesbit,318 ) . This is how we won the Revolutionary War, by utilizing province reservess. The Second Amendment was of import to the people so, but now does it truly have any significance? In modern times, we have what the establishing male parents feared the most, a national standing ground forces with the President as Commander. We have no State Militias that could give any opposition if President Clinton tried to take military control and ordered military personnels to implement oppressive Torahs. Fortunately, this has non happened. The job is that pieces have been a portion of this state from the beginning. In fact Congress at that clip did non even experience it necessary to set an Amendment in the Constitution because holding a fire arm was every bit common as siting a Equus caballus. ? [ T ] his right had non been questioned, for it was viewed as a traditional privilege lying outside the Constitution # 8230 ; ? ( Hook, 30 ) . Having a piece at that clip was so common that they did non even think about holding to legalise it. Today, is a different narrative. With more and more ordinances on pieces being passed, the Second Amendment is the lone thing groups like the NRA have to keep on to. Both sides need to sit down and happen a solution to this gun-control argument. Or one twenty-four hours this Amendment will be interpreted at face value and fire weaponries in citizens custodies will be a thing of the yesteryear, unless of class it is in a province sponsored reserves. As clip goes on the contention of the Second Amendment additions. When examined by the existent text, the historical background, and how it applies today, the Second Amendment has little if any relevancy for modern society. Groups like the NRA and ACLU need to work together to happen a solution to this gun-control argument so in the terminal both groups are satisfied with the consequences. Beginnings Nesbit, Lee. Gun Control Debate: You Decide. New York: Prometheus Books, 1990. Hook, Donald. Gun Control: The Continuing Debate. Washington: The Second Amendment Foundation, 1992.
Wednesday, April 22, 2020
Interview Techniques for the Job Applicant free essay sample
Describes the steps techniques required for a prospective job applicant in performing well in the interview process. Interview Techniques for the Job applicant Introduction A successful interview is composed of many parts. In order for these parts to properly combine, the proper homework must be done (Bell, 1997). If, for example, the applicant wants to find a job in marketing, having a thorough knowledge of the marketing field would be of great use. Having the proper college education is very useful, but an education only serves as a stepping off point for success in the real world. An individual must take the skills that he or she has acquired and apply this knowledge towards a career path. This means understanding ones own strengths and weaknesses in terms of a chosen profession (Bell, 1997). To carry the example further, a person interested in a career in marketing should be able to truthfully assess what he or she. We will write a custom essay sample on Interview Techniques for the Job Applicant or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page .
Monday, March 16, 2020
Ancient Celtics essays
Ancient Celtics essays The Celtic peoples existence can be traced over more than twenty-five centuries. Celts occupied vast lands currently known as Eastern Europe, Greece, Northern Italy, Western Europe, Wales, Scotland and Ireland. By about 500 BC, the Celts had spread to France, Portugal, Spain, the British Isles, and Northern Italy. The history and literature of the non-literate culture was preserved through spoken tradition. The texts left by classical authors were the only written records of their civilization, the first of which appeared in 500 BC. These accounts, inaccurate as they may be, show that the Celts came into cultural contact, and sometimes competition, with the Romans and the Greeks. The Celts impressed the Greeks and Romans not only with their bold dress but also with their powerful appearance, particularly their tall stature. Ancient observers generally characterized them as people with fair hair, usually red or blonde, and light complexions. Most Celtic ladies usually towered over the average Roman citizen. Celtic women, upon maturing, caught on to braided hair, and colorful embroidered dresses were very popular. Plaids and wrapped woven cloaks were popular for women and men, and gold and silver toques, arm rills and rings decorated rich Celts. Gaelic men most likely spiked their hair and bleached it to a light blonde with chalky water, and had long beards, while the Bretons and Picts had blue tattoos on their arms and faces. Celtic art originated with sculpture making and carving and metal work. Coptic Christian Manuscripts later introduced knot works to Celtic art. It wasnt until the 15th century that the spinning wheel was invented. Before the spinning wheel was invented the only way was to use a distaff and spindle. The left hand held the distaff while the spindle was held in the right hand. Celts spun both wool and flax. Women always carried out the craft of spinning. To be...
Saturday, February 29, 2020
Australian Migration Law and Practice
Sukhon Chaiprasit is a legal immigrant to Australia. She holds a valid visa that is due to expire within a period of one month and twenty days. However, as a result of new unforeseen developments, it is likely that she shall be required to extend her stay in Australia for a further period of six (6) months for reasons to be disclosed herein below. The submissions below are made to the Minister for Immigration and Border Protection on behalf of Sukhon Chaiprasit seeking a waiver of condition 8503 that was imposed on her Visitor Visa (Tourist Stream) Subclass 600 so as to allow her to apply for a Class UB Medical Treatment visa, subclass 602. The relevant facts to the application for waiver are as articulated below: The Applicant (Sukhon Chaiprasit) is a citizen of Thailand. She arrived in Australia two months ago on a visitor visa (tourist stream) Class FA, Subclass 600. This class of visa has conditions 8101, 8201, 8501 and 8503 imposed on it. Seven days ago, Sukhon Chaiprasit was attacked by an assailant and suffered a concussion. Upon treatment, her doctors prepared a report strongly r mending that she should not travel for a further six (6) months period. Further, she is required to visit the hospital every two (2) days for check-up- the medical expenses in this respect are covered by the Crimes pensation Tribunal. In addition, Sukhonââ¬â¢s assailant has been apprehended and consequently, she is required as a key witness in the case against the assailant. However, her visa was issued two months and twenty days ago with a permitted stay period of three months from the date of Sukhonââ¬â¢s arrival. Therefore, having been in Australia for two months, the remaining stay period is one month. This period is clearly insufficient considering the fact that she will be required to stay for six months and it is untold what period the case against her assailant is likely to take. In light of the above circumstances, these submissions are made on Sukhonââ¬â¢s behalf to have condition 8503 (which imposes a ââ¬Å"No Further Stayâ⬠ultimatum) waived to allow her to apply for a Class UB Medical Treatment visa, subclass 602.à Having briefly stated the facts above, the issue at hand is whether the circumstances arising above are sufficient to allow the waiver of the No Further Stay condition. The applicant acknowledges that she freely and knowingly[1] conceded to the imposition of condition 8503 whose effect is to bar her from applying for any other visa except under exceptional circumstances. The law makes clear provision for the waiver of the no further stay conditions. The purpose of the submissions herein shall be to demonstrate that Sukhonââ¬â¢s circumstances indeed entitle her to the waiver within the parameters allowed by the law. Reference is made to the Migration Regulations of 1994 which provide for the conditions to be fulfilled before condition 8503 is waived.[2] These conditions are: That subsequently after grant of the visa, pelling and passionate circumstances have arisen; It must be demonstrated that the above circumstances are present before Sukhon can be granted the waiver sought for. At this point, it is necessary to appreciate the fact that though Sukhon has expressedà interest in the male nurse, any intentions to establish a relationship with him will not be of any equilibrium to the Ministerââ¬â¢s decision making process because that factor will not be considered as a circumstance ââ¬Å"beyond the applicantââ¬â¢s control.â⬠It is hereby submitted that there exists strong conviction that Sukhonââ¬â¢s circumstances have satisfied the prerequisite conditions for the grant of a waiver of condition 8503 as analyzed below: As Sukhon narrated and as supported by the attached medical report, Sukhon was recently attacked by an assailant who left here with a concussion. Further, upon treatment, it has b e apparent that Sukhon is not medically fit to travel for a further period of six (6) months. In addition, Sukhon has been called as a witness in the case against her assailant. With her stay period expiring in a monthââ¬â¢s time, Sukhon will inevitably be required to stay longer than initially contemplated. Taking into account her medical condition, and the fact that she is undergoing treatment, it will not be in her best interest to leave the state merely because her visa validity period would have e to an end. This is therefore a pelling and also a passionate circumstance that will necessitate the waiver of the limiting condition and allow her to apply for the Class UB Medical Treatment visa, subclass 602. The act of being attacked while returning from a dinner in Melbourneââ¬â¢s CBD was totally beyond Sukhonââ¬â¢s control, if at all. It would be a fallacy to even contemplate that she would have knowingly exposed herself to the attack which caused her a concussion. Therefore, she was merely a victim of violence which any visitor to Australia should not be subjected to; and should not be made to suffer consequences thereof. It is submitted that as a result of the attack, there has arisen a major change in Sukhon circumstances that necessitate the intended further stay in Australia. As the doctorsââ¬â¢ report indicates, Sukhon is not medically fit to travel for at least a period of six months and she is required to visit the doctors every two days for medical check-up. Further, she is required to appear in court as a witness to the case against her assailant. Therefore, it is argued that these are clear major changes in Sukhonââ¬â¢s circumstances which necessitate her further stay for the medically r mended period of six months.à From the submissions herein above, it has been explained how Sukhon arrived in Australia under a visitor visa (tourist stream) with, inter alia, condition 8503. It is further illustrated how she was attacked by an assailant; an attack which, according to the doctors, has rendered her to be medically not fit to travel for at least the next six months. In addition, she has been required to be a witness in the case against her assailant, though it has not been stated when the case is likely to begin. It has been argued in the preceding paragraphs that the circumstances Sukhon is in do satisfy the conditions for waiver of condition 8503 because they are pelling, passionate, beyond the control of Sukhon and they have changed Sukhonââ¬â¢s circumstances substantially.à It is humbly submitted that the Minister ought to take into consideration the best interest of the applicant whose medical condition may expose her health to further deterioration. Further, for the interest of justice, Sukhon deserves a chance to see to it that her assailant faces the law. Denying her this opportunity will be tantamount to an injustice on her. In light of the above-stated circumstances, these submissions are made on behalf of Sukhon for the Minister to waive condition 8503 to allow her to apply for a Class UB Medical Treatment visa, subclass 602. This question interrogates why the further visa application was invalid and whether Sukhon is subject to section 48 of the Migration Act, 1958. Condition 8503 limits the circumstances under which one can extend his/her stay in Australia beyond the allowed period of time.[3] An applicant seeking to extend their stay must first make a formal application to the Department of Immigration and Border Protection vide Form 1447[4] or by writing seeking a waiver of the condition, provided that the conditions for waiver as per Regulation 2.05(4) of the Migration Regulations of 1994 are met.[5] Therefore, by failing to make the application for the waiver and subject to the application being accepted, Sukhonââ¬â¢s application for another visa was invalid because condition 8503 was still operational in her visa.à Summarily, section 48 applies to non-citizens in the migration zone who, inter alia, do not hold a substantive visa, their visa application has been refused (other than an application for a bridging visa) or cancelled and have been removed from Australia and subsequently returns under Section 42(2A)(d) or (e).[6] A substantive visa as defined under the Act means a visa that is not a bridging visa, a criminal justice visa or an enforcement visa.[7] The current visitor visa held by Sukhon, which is still valid, is a substantive visa within the meaning of the Act. Without examining the other provisions of the Act, the fact that Sukhonââ¬â¢s visa is a substantive visa in itself means that section 48 is inapplicable to her because of the use of the conjunctive ââ¬Å"andâ⬠in subsection 1 which makes it mandatory for all the conditions stated therein to be existent before the section can apply. Further, subsection 2 does not also apply Sukhon has not been removed from the migration zone.à Migration agents are governed by a Code of Conduct as set out in the Migration Act 1958 under.[8] Further, Regulation 8 Schedule 2 of the Migration Agents Regulations (1998) provides substantively the provisions that agents are required to observe during the discharge of the matters for which they have been licensed.[9] For Sukhonââ¬â¢s case, the potential breaches the former agent would have mitted, in the absence of actual facts, can only be speculated by taking into consideration the existing circumstances. For instance, paragraph 2.3, as read with paragraph 2.5, requires an agent to act with professionalism and reflect sound knowledge of the provisions of the Act.[10] Therefore, the agent ought to have known that Sukhonââ¬â¢s visitor visa had condition 8503 imposed on it and should have advised her that her application for any other visa would not be acceptable unless she successfully applied for a waiver of the condition first. Paragraph 2.6 of the regulations expects an agent to access the clientââ¬â¢s request and to be candid/frank about the prospects of success of the clientââ¬â¢s application for visa.[11] Again, the agent must have failed to observe this regulation and proceeded to lead Sukhon on to make the application that turned out to be unsuccessful. Under paragraph 2.9, an agent is required to refrain from making statements in support of an application that are misleading.[12] Being a qualified agent, it can only be assumed that the agent was fully aware of condition 8503 on Sukhonââ¬â¢s visa. Therefore, by trying to make another application for a visitorââ¬â¢s visa, it can only be presumed that the agent knowingly made the application for the visa knowing the same to be inaccurate. For these breaches, the client (Sukhon) has a right to make a plaint to the Migration Agents Registration Authority. Therefore, the agent failed to have due regard to the fact that Sukhon depended on the agentââ¬â¢s knowledge and experience as provided under paragraph 2.4.[13]à Anon, (2016). [Online] Available at: https://www.border.gov.au/Forms/Documents/1447.pdf [Accessed 18 Jul. 2016]. Australian Visa News. (2013). ââ¬Å"No Further Stayâ⬠conditions on Australian visas: can they be removed (ââ¬Å"waivedâ⬠)? [Online] Available at: https://australianvisanews /2013/02/16/no-further-stay-conditions-on-australian-visas-can-they-be-removed-waived/ [Accessed 19 Jul. 2016]. Mara.gov.au. (2016). Code of conduct - Office of the Migration Agents Registration Authority. [Online] Available at: https://www.mara.gov.au/b ing-an-agent/professional-standards-and-obligations/code-of-conduct/ [Accessed 18 Jul. 2016]. Migration Agents Regulations (1998) (cth) Ogawa, M., 2009. Hypothetical: potential problems of a student visa. Bond L. Rev., 21, p.i. Vrachnas, J., Bagaric, M., Dimopoulos, P. and Pathinayake, A., 2011. Migration and refugee law: Principles and practice in Australia. Cambridge University Press. Zhao, L. and Kondoh, K., 2007. Temporary and permanent immigration under unionization. Review of Development Economics, 11(2), pp.346-358.
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