Obligations of Newly Registered Migration Agent under Migration Agents Regulations 1998

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

1MIGRATION LAW
Issue
The issue is to determine the obligations of the newly registered migration agent
under the Migration Agents Regulations 1998 (Cth).
Rule
A registered migration agent in Australia has the authority to give advice to his clients
on the matters of migration to Australia. A person needs to complete a course in Australian
Migration Law and practice and get registered himself with the Migration Agents
Registration Authority (MARA) in order to be an authorised registered migration agent1. A
registered agent is supposed to act in favour of his client along with adhering to the
professional standards, regulations and code of conduct held under the Migration Act 1958
and the Migration Agents Regulations 1998. Section 314 of the Migration Act 1958 states
that there shall be a Code of Conduct for the migration agents prescribed under Schedule 2, of
the Migration Agents Regulations 19982.
Partner visa
As per the Code of Conduct held under Schedule 2 of the Migration Agents
Regulations 1998, the registered migration agent shall have a number of duties and
obligations towards his clients and also towards the Department of Home Affairs of the
Australia Government with regard to furnishing the right information for the Department to
process the applicant’s visa application3. It is the Department of Home Affairs that takes the
final decision regarding the visa applications and therefore it is required that's the registered
migration agents furnish correct and authentic information in the application form of the visa
applicants and must also inform the Department about the sudden changes of status or
1 "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/>.
2 Migration Act 1958, s 314; Migration Agents Regulations 1998, Schedule 2
3 Migration Agents Regulations 1998, Schedule 2

2MIGRATION LAW
situation of the applicants. As per the provisions of Migration Agents Regulations 1998, a
agent must not collude with the client pertaining to the client’s visa application thereby
providing incorrect information to the Authority and misleading or deceiving the Authority
by withholding relevant information4. Part 2.19 of Schedule 2 of the Migration Agents
Regulations 1998 states that a registered migration agent has a duty to provide sufficient
relevant information to the Department so that it could run an assessment of the information
provided by the applicant against the visa conditions and criteria. A registered agent must
oblige to preserve the privacy of his client by maintaining confidentiality5. However such
confidentiality must not infringe the rules and regulations of the migration laws.
Distinguished Talent visa
The registered migration agent must show his professionalism through his actions and
advice given to his clients by reflecting a sound knowledge of the relevant legislations like
Migration Act and Migration Regulations6. A registered agent must not provide unjustified or
unreasonable prospect of success to his client regarding his visa application before the
Department7. The registered agents must not portray to his client that he could procure a
favourable decision for the client by manipulating the Authority8. Part 2.17 of Schedule 2 of
the Migration Agents Regulations 1998 holds the view that an agent must not influence his
client to file an application in case he finds that the client’s application is vexatious or grossly
unfounded. The legislations of migration law do not fix any statutory scale of fees for the
agents however migration agent must not charge a fee which is unreasonable for the
circumstances of the case9. The registered agent must provide an Agreement for Services and
Fees which is a written confirmation document which would include the specific service
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 2.3.
7 Migration Agents Regulations 1998, Schedule 2, part 2.7.
8 Migration Agents Regulations 1998, Schedule 2, part 2.14A.
9 Migration Agents Regulations 1998, Schedule 2, part 5.1.