Code of Conduct for Migration Agents: Ethical Considerations

Migration Agents 1
Code of conduct
Name
Affiliation
Instructor
Date

Migration Agents 2
Code of Conduct
It is mandatory for a registered migration agent to adhere to the 2017 Code of
conduct. This mainly guides them in the line of duty especially in relation to how to handle
clients and any issue surrounding immigration and migration. In the case presented by
Jonathan, the main issue that arises is whether he informed Erick about the qualifications
that one needs to get a subclass 188 visa. Secondly, is it right for Jonathan to concentrate on
getting a 1.2% commission from his clients as a priority before the visa application goes
through? Thirdly, does Jackson behave in an ethical way by not informing Eric about the
failed application? In as much as he has offered a service, is he entitled to ask for the
outstanding fees from his client? These are some of the ethical considerations that will be
expounded here.
To start with, a registered migration agent has a duty of advising his client about the
probability of getting a visa. This is stipulated under Part 2 Section 2.2 of the Code of
Conduct. This section states that the agent must provide advice through writing and within a
reasonable time. Also, oral advice can be given and in doing so, chances of failure or success
have to be communicated promptly1. Jonathan has experience in making applications for
clients applying for the Class EB Business Skills. He was therefore well informed on whether
Eric was qualified to get the Visa or not. According to the Australian Government
Department of Affairs, on is deemed to qualify for Business Innovation and Investment
(Provisional) visa (subclass 188) if he or she is nominated by a government organization that
is eligible, has an invitation to make a visa application, has an experience in operating and
1 Wells, L., 2017. No longer a'migration agent': Reforms to the regulation of lawyers practising in
immigration law. Brief, 44(9), p.25.

Migration Agents 3
owning a business innovation stream, has a minimum of 1.52 million Australian Dollars for
investment in the Investor Stream, has 5 million Australian Dollars to invest in the Significant
Investor stream or has a minimum of 15 million Australian Dollars to invest in a premium
investor stream. By meeting these standards and requirements, one is entitled to this Visa
depending on the stream that one applies. It is clear that Jonathan did not advice Eric on
these qualifications.
In respect to Part 2 Section 2.8 (c), an immigration agent has the duty of informing
his client about the progress of the Visa application. This is alongside the outcome of the
application, within a reasonable time. Jonathan Clearly failed to follow up on the application
until when Eric received the disheartening news of the failed application from Home Affairs3.
The issue of having a non-complying investment should have been avoided in the first
instance when considering the qualifications for such a visa.
A visa application process demands the use of a lot of fees for the entire process.
Part 2 Section 2.20 of the Code of Conduct states that registered migration agents should
allocate correct amounts for visa applications especially in terms of charges and fees. This is
supported by the Migration Act. As such, the client should be furnished with a written
advice detailing the number of fees and charges he needs to pay.4 A date for payments has
to be also given in writing. It is prudent to adhere to ethics too when asking for payments5.
2 Underhill, E. and Rimmer, M., 2017. Private governance, state regulation and employment
standards: how political factors shape their nexus in Australian horticulture. Relations Industrielles/Industrial
Relations, 72(1), pp.33-55.
3 Grimmer, L., 2018. The diminished stakeholder: Examining the relationship between suppliers and
supermarkets in the Australian grocery industry. Journal of Consumer Behaviour, 17(1), pp.e13-e20.
4 Silove, D. and Mares, S., 2018. The mental health of asylum seekers in Australia and the role of
psychiatrists. BJPsych International, 15(3), pp.65-68.
5 Healy, K., 2018. Will she be right, mate? Standards and diversity in Australian social
work. Transnational Social Work: Opportunities and Challenges of a Global Profession, p.205.