International Migration Law

Running head: MIGRATION LAW 1
Migration Law
Student’s Name
Institutional Affiliation

MIGRATION LAW 2
A registered migration agent provides assistance and meaningful advice to potential
migrants and their families. It is a requirement that a migration agent holds a legal practicing
certificate that is usually issued by the relevant authorities. Concerning Desmond Paris's case
presented in this paper, there is an absolute obligation that a registered agent is expected to
observe and strictly abide. In accordance to Migration Regulations 1998 and the prescribed
Code, there is a range of obligations. Some of these obligations cover; client’s awareness of the
code, the interaction with one's client, charges, financial management, record keeping, and
relations between registered immigration among others.
According to section four of the Code of conduct, relations between registered migration
agents, before accepting immigration work, an agent must consider that they are qualified to
provide advice that the client seeks. If, in any case, an agent is unsure, then they must seek
appropriate assistance or instead refer the issue to an experienced registered nurse. A referral is
made in cases where the registered agent is demanded to provide advice on issues that he or she
is not involved on giving information. In section 2, the code requires that the professionalism of
a registered migration agent must be reflected in the sound working of the agent, this may
involve providing sound, timely and accurate advice to a client. However, it is required that an
agent have regard on the client’s dependence on their knowledge in his area of expertise.
In this case, Desmond Paris needs support on lodging a Parent Class GH (Subclass 870)
for his father. Since the agent has never assisted in such cases and has no experience whatsoever,
it is required that you refer this case to a more experienced immigration agent that deals with
such cases much often. In contrary to what is expected, the immigration agent hesitates to say no
on the virtue that Desmond is his former client. Previous relationships should not be used as a

MIGRATION LAW 3
virtue of offering assistance, but rather the Code of conduct should be strictly followed. There
should be no breach of the Code of behaviors under any circumstances whatsoever.
Regarding fees, it is required that a registered migration agent sets a cost that is highly
reasonable in the circumstance of the case. It is, however, essential to understand that no exact
fee to pay, just an estimate, and should be based on the circumstances of the case itself. Other
mandatory issues regarding fees are that the registered agent must first provide a view of the
costs for each of the services to be rendered 1There should be an estimated time that the agents
are likely to take in delivering the agreed service. Written acceptance from the client must also
be obtained. This provides a written confirmation, which is also considered as a written
agreement for fees and services. Under this, it is as well an obligation of the registered nurse to
provide advice that should be documented regarding the anticipated fee to be paid and any
related charges of fee in the various agent departments.
Besides, section seven of the code of conducts dictates that an immigration agent should
always have separate accounts with a financial institution. This should be the operating account
and the client’s account, which comprises of money paid by clients to the agent for fees and
other disbursements. In addition, registered agents must hold in the client’s account an amount of
money paid by a client for an agreed period of time until an invoice is issued to the client for all
services performed.
1 Freckelton, Alan. Administrative Decision-Making in Australian Migration Law, 77.