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LML5000 - Australian Migration Law

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VICTORIA UNIVERSITY

   

Australian Migration Law (LML5000)

   

Added on  2020-03-04

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The below document discusses the ethical, procedural, and accounting requirements which are necessary for a migration agent while assisting clients. It also discusses the Migration regulating legislations namely The migration Act 1958 and The Migration Regulations 1998.

LML5000 - Australian Migration Law

   

VICTORIA UNIVERSITY

   

Australian Migration Law (LML5000)

   Added on 2020-03-04

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Running head: IMMIGRATION LAWImmigration LawName of the StudentName of the UniversityAuthor note
LML5000 - Australian Migration Law_1
1IMMIGRATION LAWQuestion 1 ToMr JacobAddress: Subject: Advice on Migration Assistance Dear Mr Jacob,The letter is to address you so that you become aware about the ethical, proceduraland accounting requirements which are necessary for a migration agent while providingassistance to clients. The advice is particularly related to the requirements of a Work SkilledTemporary Subclass 457 visa. All agents which have gained due registrations underMigration Agent Registration Authority in Australia are bound to abide by the provisions ofMigration regulating legislations namely:The migration Act 1958The Migration Regulations 1998In addition a code of conduct has been established by Schedule 2 of the MigrationRegulations 1998 with authority from Section 314 of the MA1. The duty to abide by suchcode has also been provided under this section. The code sets out specific Actions which areimposed on the migration agents as obligations, however there is no sanction imposed by thecode of conduct on the agents as per Section 1.7 of the Code. However the provisions of theTrade Practices Act 1974, the Criminal Code Act 1995 and Crimes Act 1914 may beapplicable on the a few activities such as misleading statements, unregistered practices and1 Austlii (2017) <http://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.
LML5000 - Australian Migration Law_2
2IMMIGRATION LAWmisrepresentation as per section 1.8 of the code. In addition any liability or duty which isimposed in the agents through the provisions of common law is also not displaced by thecode. Firstly a migration agent in Australia has to know about their ethical requirements underthe code of conduct. The code of conduct through its section provides that it is the duty of amigration agent to act in a manner which would ensure the best possible outcomes for theclients and prioritize the existing provisions of the MA and MR in case of any conflict as persection 2.1 of the code2. It is also the duty of Migration agent to be aware of the currentversions of the MA and MR along with any other legislation related to procedure ofmigration. There must be no intimidation on coercion on the part of the migration agent onthe clients for any personal benefits. Section 313 of MA rules that, a “Statement of Service” mandatorily has to be provided tothe clients when an agent takes the responsibility of providing migration assistance to theclients. The statements contain a detailed summary of all the services which would beprovided to the clients in relation to all the services which would be provided by the agent tothe clients in relation to migration assistance3. Thus in the present case Jeffery has to provideto Wood Engineering all the services he is going to provide them in relation to Work SkilledTemporary Subclass Visa 457. If such statement is not provided by you to the clients you willnot have any right to claim any money from the clients in relation to the visa assistance. Thestatement of services must also contain details about all the costs which would be required bythe client to pay including the details of all disbursements and out of pocket expenses such aspolice certificates, health assessment costs and the fee of skill assessment. 2 Migration Regulations 19983 Migration Act 1958
LML5000 - Australian Migration Law_3

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