Code of Conduct for Registered Migration Agents in Australia

In this case, the issue is that Jasmine is a client of Charlie Yamazaki, who has recently registered
as a migration agent. Jasmine believes that Charlie is acting in the best interests of her husband
Jeffrey. From the very beginning, Jasmine had been very interested and demanding towards
Charlie. Under the circumstances, Charlie had only collected a fee of $3000 along with the visa
application fee and a completed application for partner visa and lodged it with the Department.
Under the circumstances, the issue arises how should have Charlie behaved, particularly in view
of the requirements that have been prescribed by the Code of Conduct. It also needs to be seen
how the matter could have been handled otherwise.
In case of such circumstances, it is provided by the Code of Conduct that the principles of
professional conduct require that the registered agent should always act according to law and
keeping in view the sincere welfare of the client. At the same time, the agent is required to deal
with the client diligently, fairly and competently. It is also provided in this regard that agent
should not accept any person has a client if the following conflict of interest is present between
the agent and such person.1
(a) The agent had earlier transactions with the person or aims to assess the person, in the capacity
of the agent as marriage celebrant; or
(b) Any other interest exists on part of the agent that is going to impact the genuine wellbeing of
the client.
1 Justine Greenwood, "The Migrant Follows The Tourist: Australian Immigration Publicity After The Second World
War" (2014) 11(3) History Australia.

In case it turn out to be clear that there is a conflict of interest present on part of the agent
concerning a client, it is required that the instant practicable, keeping in view the needs of the
client but in any case within 14 days, the agent should notify the customer regarding the presence
of such conflict of interest and advise the client that according to the court the agent is no longer
in a position to act for the client and similarly the agent should also advise the client regarding
the appointment of alternative agent.2 Therefore in such a case the agent should cease to deal
with the client in his capacity as the registered migration agent. In such a case, Part 10 of the
Code of Conduct will be applicable as if the client had terminated the instructions given to the
agent. It is also required by paragraph 2.1B(d) that as soon as practicable. But within 14 days, the
agent should notify the department that he is not working for the client anymore.
It is also required that the competence of the agent should be replicated in comprehensive
working information of the Migration Act and the Migration Regulations as well as other
legislation related with migration procedure and also the capability of the agent to give timely
and accurate advice.3 The professionalism of the registered migration agent should also be
reflected while meeting adequate arrangements for avoiding a financial damage to the customer
which comprises the professional indemnity insurance as required by Regulation 6B.
There is also the duty of the registered migration needed to save the privacy of their customers.
Therefore the agent should not disclose or allowed to be disclosed any confidential information
related to the client or the business of the client without obtaining the written consent of and
unless doing so is necessary under the law. After the agent had agreed to work for a particular
2 Charles A. Price, "OVERSEAS MIGRATION TO AND FROM AUSTRALIA, 1947-1961" (2009) 2(2) Migration.
3 Danielle Raynor and Richard Hicks, "Empathy And Coping As Predictors Of Professional Quality Of Life In
Australian Registered Migration Agents (Rmas)" [2018] Psychiatry, Psychology and Law.