Obligations of a Registered Migration Agent under the Migration Agent’s Code of Conduct

Running head: IMMIGRATION LAW
IMMIGRATION LAW
Name of the Student
Name of the University
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1IMMIGRATION LAW
Obligations of a Registered Migration Agent (as per the Code of Conduct)
A Registered Migration Agent is an officer who aid applicants in obtaining Visas
depending on the class of Visa that is applicable for the individual. This aids immigrants obtain
Visas through a less tedious process as they have an agent to guide them through the process of
documentation and obtaining the ultimate approval for the application. These agents are
registered and are thus officers of the government. Thus, the individuals acting in the capacity of
migration agents must abide by a code of conduct that ensures that these agents only engage in
ethical practices when discharging their duties1. This is relevant as most individuals migrating to
a new country would not be accustomed to the practices and procedures followed there and may
be a victim of fraud or misrepresentation. This is known as the Migration Agent’s Code of
Conduct. The following paragraphs will enumerate the obligations of a Migration Agent as
envisaged by the Code when providing aid relating to migration of individuals.
In light of the abovementioned considerations the first obligation prescribed by the
Migration Agent’s Code of Conduct is that in order to undertake or engage in any activity
relating to the migration of an individual the agent must be registered under the code as a
Registered Migration Agent. This is provided for at Section 314 of the Migration Agent’s Code
of Conduct2. This is essential as it has been stated that by virtue of the provisions of Sections
280, 281 and 282 of the Migration Agent’s Code of Conduct. These provisions prohibit an
1 Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens: Membership in a changing
world. Brookings Institution Press, 2013.
2 Fitzgerald, Jennifer, David Leblang, and Jessica C. Teets. "Defying the law of gravity: The political economy of
international migration." World Politics 66.3 (2014): 406-445.

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individual from acting in the capacity of a Migration Agent unless the individual is registered
under Section 314 of the Migration Agent’s Code of Conduct3.
In the given scenario it can be inferred from the fact that the person has applied for a
Visitor Visa (subclass 600). Thus in light of this fact in the current scenario the registered
migration agent’s second obligation is to ensure that the person applying for the visa has
completed all of his/her prerequisites under the application that need to fulfilled in order to
obtain a Visa of that specific class. Incidental to this obligation, it is expected that the migration
agent would ensure that the client has delivered all the required certified documents that need to
be submitted to the Department of Immigration in Australia. These would include biographical
data including copies of the individual’s passport in order to ensure a swift identification process.
This identification process would require additional documents such as the individual’s birth
certificate and a financial statement of funds indicating the individual’s financial position. Thus,
it would be an obligation on the registered Migration agent to ensure that these documents are
furnished by the individual at the time of submitting the application for the visa4. In case the
individual in migrating for the purpose of visiting a family member it must be established that
the family member holds sufficient funds by providing financial statements of the same.
A step forward, towards more ethical practices among migration agents is taken to ensure
that the rights of the individuals applying for the Visa are not infringed and that they are
protected from fraud and misrepresentation was brought in 2012. This was through an
amendment of the Migration Agent’s Code of Conduct. This amendment dictated that for a
registered migration agent to undertake activities relating to migration of individuals the
3 Aas, Katja Franko, and Mary Bosworth, eds. The borders of punishment: Migration, citizenship, and social
exclusion. Oxford University Press, 2013.
4 Schuck, Peter H. "Law and the Study of Migration." Migration Theory. Routledge, 2013. 247-266.