Practitioner Legal Skills for Australian Migration Law

This report explains the role of migration agents and their obligations under the Migration (Migration Agents Code of Conduct) Regulations 2021 in Australia. It outlines the steps that migration agents can take to meet their obligations and maintain confidentiality of their clients' personal information. The report also discusses the laws applicable to visa formation and the consequences of non-compliance.

Practitioner Legal
Skills for Australian
Migration Law

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
In light of these facts, what are your obligations, if any, under the Migration (Migration
Agents Code of Conduct) Regulations 2021 and what steps would you undertake to meet your
obligations?.................................................................................................................................3
CONCLUSION................................................................................................................................5
References:.......................................................................................................................................6

INTRODUCTION
The migration law explains about the procedure for the movement of people from one
country to the other country. It lauds provisions related to the creation and disposal of visa for
different individuals. This law also explain about the persons who are eligible for visa. The
migration can be done for various purposes like business, education, travel, etc. So, these visa are
formed as per the reason of travel from one country to other by the individuals1. This report
would explain about the role of the migration agent. It would also explain about the obligations
of the migration agent in Australia. This report will also outline the steps that the migration agent
can take in order to fulfil his obligations as per the law of the country.
TASK
In light of these facts, what are your obligations, if any, under the Migration (Migration Agents
Code of Conduct) Regulations 2021 and what steps would you undertake to meet your
obligations?
The migration in Australia is done as per the laws of the Migration (Migration Agents
Code of Conduct) Regulations 2021. This law explain about visa formation for the clients of the
migration agent. The migration can be done for various purposes such as education, business,
etc. This law also explains about the various obligations of the migration agent with respect to
the client. The migration agent must provide services with confidentiality to all its clients. It
must not disclose the personal information of its clients to other third person. There are various
provisions that are being provided in the migration law with relate to this. The Division 2 of
Migration Regulation, 2021 provides for the purpose of the instrument of this law. It explains
that this law is framed to protect the rights of the clients of the migration agent. It is also created
to strengthen the immigration advice industry of Australia. The Part 2 of the Migration
Regulation, 2021 provides for the general duties of the migration agent2. The section 13 of the
act explain about the general duty of the migration agent to act ethically and professionally with
1 Barsky, Robert F, "Making Migration Law: The Foreigner, Sovereignty, And The Case
Of Australia" (2018) 30(3) International Journal of Refugee Law
2 "WMA Statement On Ethical Obligations" (2020) 148(69)

its clients. In addition to this, the migration agent must act competently, integrity, diligently and
with honesty with the clients. It must also provide that the migration agent must not cause any
harm to the reputation of its client and migration advice industry by any of its acts. The section
14 of this act also provides that the migration agent must treat every person and client with the
due respect. The section 15 provides that the migration agent must not frame any misleading or
false statements to its clients. The section 16 explains that the migration agent must not threaten
the client to contravene the instrument under this act. The section 17 specifies that the duty fulfil
with the migration law3. The section 18 details about undermining the migration law by the
migration agent of the country. The section 19 of the Migration Regulation, 2021 specifies that
the migration agent must not give any information if he thinks that it would be futile by
complying with it.
The problem in this case scenario is mainly related to giving the false information of the
bank details to the migration department by the migration agent of Australia. This provision is
given under section 21 of Migration Regulation, 2021 which describes about the obligation of
the migration agent to not give false information to the migration department of its client. The
client is also required to give the correct information to the migration agent. Moreover, the client
cannot force the migration agent to comply with the false documents with the department of
migration. So, in this case, the client is wrong on forcing the migration agent to give false bank
details. There are various steps that can be taken by the migration agent in order to fulfil these
obligations under the law. So, the migration agent in this case scenario should explain about the
laws of the migration to its client. Further more, he must not comply with the false documents of
his client. In addition to this, the migration agent must explain about thelegal consequences of
this wrong doing to its client. Moreover, the section 22 of Migration Regulation, 2021 explains
about the duty to maintain the knowledge and skills of the migration agent. Moreover, the
section 26 of the act explains about the duty of the migration agent to not make any misleading
or fraud documents in order to make the visa for the client so, if any migration agent does the
same , then he is eligible for fine as per the law of the country. The section 27 of the migration
3 Bernal, Carlos, "The Migration Of Proportionality To Australia" (2020) 48(2) Federal
Law Review

law provides for the duty of the migration agent to comply with the indemnity professional
insurance4.
CONCLUSION
The above report concludes about the migration law of Australia. This also summarises
about various provisions with relate to the duties of the migration agent in Australia. It also
concludes about the obligations of the migration agent. It also outline about the provisions of
confidentiality of the personal information of the clients of migration agent. This report would
also conclude about the various laws that are applicable with the visa formation of the
individuals. This report too conclude about the various steps to complete the obligations of the
migration agent with respect to its clients.
4 Nagurney, Anna and Patrizia Daniele, "International Human Migration Networks Under
Regulations" (2021) 291(3) European Journal of Operational Research

References:
Books and Journals
"WMA Statement On Ethical Obligations" (2020) 148(69)
Barsky, Robert F, "Making Migration Law: The Foreigner, Sovereignty, And The Case Of
Australia" (2018) 30(3) International Journal of Refugee Law
Bernal, Carlos, "The Migration Of Proportionality To Australia" (2020) 48(2) Federal Law
Review
Nagurney, Anna and Patrizia Daniele, "International Human Migration Networks Under
Regulations" (2021) 291(3) European Journal of Operational Research