Migration Law

This document discusses the obligations of migration agents in partner visa and distinguished talent visa applications. It explains the code of conduct and legal requirements that agents must adhere to. The document also provides insights into the consequences of non-compliance and the importance of providing accurate information to the Department of Home Ministry.

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student
Name of the University
Author Note

1MIGRATION LAW
Table of Contents
Question 1: Obligation to Partner Visa Application..................................................................2
Question 2: Obligation to Distinguished Talent Visa Application............................................3
Bibliography...............................................................................................................................6

2MIGRATION LAW
Question 1: Obligation to Partner Visa Application
Section 314 of the Migration Act 1958 (Cth) states that the code of conduct for the
registered migration agents shall be held under Schedule 2 of the Migration Agents
Regulations 19981. The registered migration agents shall be bound by the provisions of this
code of conduct and any non-compliance shall make them prone to disciplinary action under
section 303 (1)(b) of the revised Migration Act 19942.
The code of conduct not only ask the agents to serve their clients but also ask them to
be honest towards the Department of Home Ministry which is the Authority that process and
allows visa applications3. It is expected from the agents that they should furnish correct
information to the department along with any sudden change in situation of the applicants so
that the applications could be processed judiciously. As held by part 2.9A of the code of
conduct, an agent should not collude with his client, by furnishing incorrect information to or
withholding significant information from the department to mislead or deceive it, thereby
procuring favourable decision for his client4. Part 3.1 of the code of conduct asks the agent to
preserve his client’s privacy and maintain confidentiality; however it must not challenge the
authenticity and relevancy of the information furnished to the department pertaining to a visa
application5. Parts 2.9 of the code ask the agent to furnish sufficient information to the
department for running a thorough assessment of the information laid down in the visa
application6.
In this case, the newly registered migration agent got to know that his clients who had
filed for a temporary partner visa ended their relationship; however, they do not want to
1 Migration Act 1958 (Cth), s 314; Migration Agents Regulations 1998, Schedule 2.
2 Migration Act 1994 (Cth), s 303 (1)(b).
3 "Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/>
4 Migration Agents Regulations 1998, Schedule 2, part 2.9A.
5 Migration Agents Regulations 1998, Schedule 2, part 3.1.
6 Migration Agents Regulations 1998, Schedule 2, part 2.9.

3MIGRATION LAW
inform the department about it. Here, although the agent is bound by the provision of keeping
his client’s information confidential; however he is obliged by the code of conduct under
Migration Agents Regulations to disclose such change in situation of his client, for it could
change the decision of the department, whether to allow the application or disapprove it. On
his failure to inform the department about such change in situation of his client’s relationship,
the agent may face adverse consequences like penalty or cancellation of registration number
as per the provisions of the Migration Act 19947. Part 11.3 (b) of the code of conduct allows
the agent to let their clients know the significance of their service of contract by providing a
statement of the code of conduct that they are required to comply with8.
Therefore, in this matter, the agent must inform the change in situation of his client’s
relationship to the Department of Home Ministry.
Question 2: Obligation to Distinguished Talent Visa Application
Newly registered migration agents must be extremely careful while filing for visa
applications and therefore keep in mind that they must not waste their client’s time and
money by wrong submissions or by giving false hope to cases that in no way would be
allowed by the department9. The migration agents shall be bound by the provisions of the
code of conduct held under Schedule 2 of the Migration Agents Regulations 1998 and any
non-compliance shall make them prone to disciplinary action under section 303(1)(b) of the
Migration Act 199410.
7Migration Act 1994 (Cth), s 303(1)(b).
8 Migration Agents Regulations 1998, Schedule 2, part 11.3(b)
9 "Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/>
10 Migration Act 1994 (Cth), s 303(1)(b).

4MIGRATION LAW
Part 2.1(b) of the code of conduct asks the migration agents to have a responsibility of
his clients and to work in a competent, fair and diligent manner for the best interest of his
clients11. The migration agent must show that he has a sound working knowledge of the
migration laws including the Migration Act and the Migration Agents Regulations, thereby
laying down his proficiency and professionalism through his advises to his clients as held
under part 2.3 of the code of conduct12. Although there is no fixed scale of fees for the
registered migration agents, yet they are not supposed to ask for a fee that is unreasonable13.
Part 5.2 of the code of conduct ask the agent to provide an ‘Agreement for Services and Fees’
to his client as a confirmation document that would comprise of the particular services that
the agent needs to render along with the agreed fees14. Parts 2.7 of the code ask the registered
migration agent refrain from providing unreasonable and unjustified prospect of success to a
client pertaining to visa application15. An agent must not make false promise to a client
regarding procuring a favourable result for him pertaining to his visa application from the
department as held under part 2.14A of the code of conduct16. Lastly, as directed by part 2.17
of the code of conduct, it must be kept in mind by a migration agent that he must not
encourage his client to file an application even if it is found that such application has no merit
or it is vexatious17.
In this case the newly registered agent must check the information provided by the
applicant, thereby ensuring that the Department of Home Ministry faces no challenge in
processing the application and subsequently deliver a positive response18. Distinguished
Talent visa subclass 858 is a special visa that is only granted to people having an international
11 Migration Agents Regulations 1998, Schedule 2, part 2.1(b)
12 Migration Agents Regulations 1998, Schedule 2, part 2.3
13 Migration Agents Regulations 1998, Schedule 2, part 5.1
14 Migration Agents Regulations 1998, Schedule 2, part 5.2
15 Migration Agents Regulations 1998, Schedule 2, part 2.7
16 Migration Agents Regulations 1998, Schedule 2, part 2.14A
17 Migration Agents Regulations 1998, Schedule 2, part 2.17
18 "Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/>

5MIGRATION LAW
recognition along with a record of outstanding achievements in the area of academia and
research, art, sports or any other profession19. Therefore it becomes even more necessary for
the agent to double check the details of the documents provided by the client and check
whether the application has a positive merit or it is vexatious. If it is found that the
application is grossly unfounded, then in such case agent must not proceed further with such
application, as it would waste the client’s time as well as his money. In this case if the agent
finds that his client is not eligible for the distinguished talent visa, he must not falsely assure
the client of procuring a favourable decision for him from the department.
Therefore it is recommended to the newly registered agents to check and verify the
documents and other information provided by his client pertaining to the application of the
distinguished talent visa, along with adhering to the standards of code of conduct of the
Migration Agents Regulations 1998.
19 "Subclass 858 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-858#Overview

6MIGRATION LAW
Bibliography
Legislation
Migration Act 1958 (Cth)
Migration Act 1994 (Cth)
Migration Agents Regulations 1998 (Cth)
Official website
"Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au
(Webpage, 2019) https://www.mara.gov.au/becoming-an-agent/professional-standards-and-
obligations/code-of-conduct/
"Subclass 858 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-
858#Overview