Migration Law Assignment 2022

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

MIGRATION LAW1
Registered migration agents are bound by the provisions laid down under the
Migration Act 1958 (Cth) and the Migration Agents Regulations 1998 (Cth). Section 314 of
the Migration Act 1958 directs that the registered migration agents to follow a standard or
code of conduct for maintaining a work ethics and discipline towards the client and the
Department of Home Affairs (Department) which is the regulatory body1. The Code of
Conduct for the migration agents is held under Schedule 2 of the Migration Agents
Regulations 19982. In case of non-compliance with the Code of Conduct, the agent will be
held liable under section 303(1)(b) of the Migration Act 1994 (Cth)3.
Partner (temporary) Visa subclass 820/801
The Code of Conduct laid down under Schedule 2 of the Migration Agents
Regulations requires the agent to be transparent and honest with the client as well as the
Department which would facilitate the better judgment pertaining to the processing and
acceptance or rejection of visa application. As per the provisions held under part 2.9 of the
Code of Conduct, a registered migration agent is required to provide correct and relevant
information to the Department so that it could conduct a detailed assessment in regard to
every visa application submitted. As per part 2.9A of the Code of Conduct, collusion between
an agent and his client pertaining to the manipulation of a visa application, thereby providing
incorrect information or withholding a significant information is strictly prohibited under law.
According to part 3.1 of the Code of Conduct, an agent is required to secure the
confidentiality and maintain the privacy of his client; however such an action should not
encourage the agent to withhold a sensitive information from the Department which could
make the authority change its decision pertaining to the acceptance of rejection of an
application. In addition, a registered agent should provide his client with the service of
1 Migration Act 1958 (Cth), s 314.
2 Migration Agents Regulations 1998 (Cth).
3 Migration Act 1994 (Cth), s 303 (1)(b).