Migration Law

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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