Migration Law

This document discusses the regulations and responsibilities of registered migration agents in Australia. It explores the process of lodging a Business Talent Visa and emphasizes the importance of formal and workplace learning in the field of migration law. The document also provides references for further reading.

Migration Law
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Table of Contents
Question 1...................................................................................................................................................3
Question 2...................................................................................................................................................4
References...................................................................................................................................................6
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Question 1
All registered Migration Agents of Australia are bound by the Migration Agent Regulation 1998
and according to it, a registration can be canceled if any agent found breaching the Code. The
provision for migration agent is mentioned under section 314 of the Migration Act 1958 that are
advised in Schedule 2, Regulation 8 of the Migration Agent Regulation 19981.
Being a registered migration agent I must maintain the confidentiality of Mr. Lau. I shall not
disclose any of the confidential information or Mr. Lau’s business details without his written
consent. As I have agreed on working for Mr. Lau but before commencing for the Subclass 132
Visa I have to make him aware with the Regulation of the Migration Advice profession by
providing a copy of the information2. I also need to inform him that according to Migration
Regulation, he is authorized to get all the copies of his application or any other related
documents. However, there is a separate cost for it. It might happen that Mr. Lau requires
contacting me for any concern regarding his Subclass 132 Visa and for such a situation I must
provide him with my address and telephone number so it will become easy for him to get in
touch with me during the business hours3.
I haven’t changed my address and telephone number or any other information which I have
provided during my registration process for being Migration Agent but if I change, a written
notice needs to submitted to the Department, the Authority and to all my present clients in
advance or not more than 14 days after the change. Mr. Lau is from Hong Kong and he is
maintaining his business in Hong Kong and China so I need to sure whether he is totally
1 Patricia Crossin, Administration And Operation Of The Migration Act 1958 (Legal and Constitutional References Committee, 4th
ed, 2006).
2 R & Gerkens Fernandez, Australian Migration Legislation Collection, January 2018 (LEXISNEXIS AUSTRALIA, 4th ed, 2018).
3 Rodger G Fernandez, Murray Gerkens and Dominic Yau, Australian Migration Legislation Collection, January 2016 (3rd ed, 2016).
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comfortable in English or not, if not then I must look for an interpreter for him as it is very
important for him to understand every clause and terms before we proceed. It can also help in
minimizing any misunderstanding which may arise between us in due course4.
According to Migration Agent Regulation 1998, a registered agent has to be sure whether he or
she is enough qualified to give advice on the client’s concern. If the agent is not sure whether he
or she can help the client with their concern then the agent must look for appropriate advice or
assistance. The agent can also refer the case to other experienced registered migration agents5. As
per the Migration Agent Regulation 1998, I must have looked for assistance or referred the case
to other registered agents as I was not confident in lodging application for Business Talent visa.
A price of $12,000 has been fixed for the service. I need to get a written acceptance from Mr.
Lau which will contain the amount for the service and the time that is going to take in providing
him with Business Talent visa. And I also need to give him with a written confirmation of what
are services I am going to provide him and what fees have been finalized between us so that we
can eliminate the chance of having any confusion.
Question 2
For formal learning, I have to engage in any classroom-based learning program or courses which
might help me in getting a better knowledge of the process for lodging Business Talent Visas.
And my workplace can be considered as non-formal learning6. I have less knowledge about
lodging Business Talent Visa and in order to deal with such clients, I must have to obtain all the
details and knowledge. To become a registered migration agent nn individual must have a
current legal practice certificate and at least diploma in Australian Migration Law. Apart from
4 John J Kirton and Jelena Madunic, Global Law (Ashgate, 3rd ed, 2009).
5 Jane McGrath, Visa Cancellations Under Section 501 Of The Migration Act (Law Society of South Australia, 3rd ed, 2011).
6 Migration Agents Regulations 1998, Migration Agents Regulations 1998 (2019) Legislation.gov.au
<https://www.legislation.gov.au/Details/F2017C00943>.
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these the individual must be a citizen of Australia with good character. I have all these
qualifications but I can gain more knowledge by doing Graduation in Australian Migration Law.
E-learning can also become a lifesaver in this situation as there are multiple institutes who
provide online learning facilities to those people who are working or do not have time for
classroom training7. It would be very convenient for me because I spend most of the time in my
office and managing extra time for learning is very hard. Though, I can use my break time for
learning and e-learning is the only solution I can see in this situation. I also need to focus on
workplace learning, when I was not able to answer all the questions of Mr. Lau I should have
asked for assistance from other registered agents. Workplace training can help me in getting the
live experience of how to manage clients and what should in a critical situation. It is being found
that whatever we learn 70% of it comes from our daily work, 20% from feedback and tips from
our colleagues and by noticing how other people do. Only 10% from formal learning like
classroom training, e-learning, and workshop. These figures are self-explanatory for getting an
understanding of how much workplace learning is important. Both, formal and informal
education program will be helpful for me8. Whatever I am going to learn from my formal
educations, will implement in my work station that will come a part of my workplace training.
7 Juliet Pietsch and Marshall Alexander Clark, Migration And Integration In Europe, Southeast Asia, And Australia (Amsterdam
University Press, 4th ed, 2015).
8 John Vrachnas, Migration And Refugee Law (Cambridge University Press, 3rd ed, 2012).
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References
Crossin, Patricia, Administration And Operation Of The Migration Act 1958 (Legal
and Constitutional References Committee, 4th ed, 2006)
Fernandez, R & Gerkens, Australian Migration Legislation Collection, January
2018 (Lexisnexis Australia, 4th ed, 2018)
Fernandez, Rodger G, Murray Gerkens and Dominic Yau, Australian Migration
Legislation Collection, January 2016 (3rd ed, 2016)
Kirton, John J and Jelena Madunic, Global Law (Ashgate, 3rd ed, 2009)
McGrath, Jane, Visa Cancellations Under Section 501 Of The Migration Act (Law
Society of South Australia, 3rd ed, 2011)
Pietsch, Juliet and Marshall Alexander Clark, Migration And Integration In Europe,
Southeast Asia, And Australia (Amsterdam University Press, 4th ed, 2015)
Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 3rd ed,
2012)
Migration Agents Regulations 1998, Migration Agents Regulations 1998 (2019)
Legislation.gov.au <https://www.legislation.gov.au/Details/F2017C00943>
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