Conduct of Migration Agents - Australian Migration Law

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Australian Migration Law

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Conduct of migration agents
In order to provide a comprehensive solution to Jasmine, Charlie should have sought help of
another Registered Migration Agent in accordance with Section 4.1 of the Code of Conduct
for Migration Agents accordingly. If it is concluded form the facts of the case that there is a
conflict of interests with reference to the lodging of application with regard to the partner visa
as implied from the facts of the case and Charlie comes to know about it, he must not only
refrain from providing of services to the client within fourteen days of such kind of
awareness but also intimate the Department of Immigration within such period of fourteen
days as implied by Section 2.1 A-D of the Code of Conduct for Migration Agents. Any
vexatious application must not be further processed as implied by Section 2.17 of the Code of
Conduct for Migration Agents. Additionally, if the client still wants to proceed with such
kind of application thereby insisting the Registered Migration Agent, then the client must
present it in writing to the Registered Migration Agent in the desired manner. As a result, if it
is observed form the facts of the case that the application of Jasmine is vexatious in nature,
Charlie must stop processing her application. If Jasmine still insists, Charlie must procure an
acknowledgment form Jasmine in a written form in an effective and efficient manner. As
implied by Section 7.1 of the Code of Conduct for Migration Agents, the fees of three
thousand dollars should have been deposited into the trust account of Jasmine being the client
and not in the office account which is created for the modus operandi pertaining to the costs
and outlays for the office in question. Such trust account must be maintained in such a
manner that it is ready for inspection at all times by the Migration Agents Regulation
Authority as far as Section 7.5 of the Code of Conduct for Migration Agents is concerned.
Section 5.2 of the Code of Conduct for Migration Agents implies that an agreement in the
form of Client Contract must be provided to the client prior to the commencement of services
with reference to the lodging and processing of the application. Such a Client Contract must
imply the fees and related costs and the time that would be required with respect to the
completion of the application process accordingly. Such fees should be reasonable in
accordance with Section 5.1 of the Code of Conduct for Migration Agents taking into
consideration the facts and circumstances of the case. As a result, it is to be seen whether
three thousand dollars with regard to the completion and lodging of application for partner
visa is reasonable in nature or not by analysing the merits of the case in an effective and
efficient manner. Section 3.1 of the Code of Conduct for Migration Agents implies that the
information of the client must be confidential. Section 3.2 of the Code of Conduct for
Migration Agents implies that the disclosure of the information of the client must be made
only when consent in a proper and appropriate manner is provided by the client in the desired
manner in a written form. Since it is observed form the facts of the case that Jasmine has got
to know from friends and acquaintances known to Jasmine and her husband Jeffrey that
Charlie is delaying the lodging of her application of partner visa on being instructed by
Jeffrey accordingly. If such aspects are established in a conclusive manner by the virtue of
credible evidence, then Charlie would be acting in breach of confidentiality of information
accordingly. It is also to be seen whether a consumer guide has been provided to Jasmine by
Charlie or not in accordance with Section 3.2 A of the Code of Conduct for Migration Agents