Migration Law: Breach of Code of Conduct by a Migration Agent

Running head: MIGRATION LAW
MIGRATION LAW
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1MIGRATION LAW
Issue
It has been provided by part 2.1 of the code that a migration agent has the duty of
always comply with the law and act in the best legal interest of the person they are working
for.
Rule
The issue is also to identify the breach of any provisions of the Migrations Act 1958
with respect to the facts of the case.
The issue is to identify whether David have violated the provisions of the Code of
Conduct provided by Migration Regulations 1998.
The Migration regulations 1998 provide that all agents who have been listed as
registered Migration agents under s.287 of the Migration Act 1958 have to abide by the code
of conduct1. In case the code of conduct is breach administrative sanctions can be imposed on
the agent such as fines and cancellation of registration.
Under code 2.6 of the code of conduct it has been stated that to the degree the agent
has to consider objective criteria to launch an application via MA 1958 or MR 1994, they
must be candid and frank in relation to the chances of having a successful application when
they are assessing the request of the client for preparing a case or launching an application2.
Under part 2.3 of the code it has been provided that the professionalism of the agent
has to be reflected through a proper working knowledge of the Migration Regulations and
migration act and also with other laws in relation to migrations. They must also posses the
capacity of providing timely and accurate advice3. Under code 2.4 it has been given that it is
1 Migration Act 1958 (Cth) s 237
2 Code of Conduct, Migration Regulations 1998 (Cth) s 2.6
3 Code of Conduct, Migration Regulations 1998 (Cth) s 2.3

2MIGRATION LAW
the duty of the agent to provide consideration to the dependence which the clients have on his
or her knowledge and experience4. Under code 2.5 the agent is required to enhance and
maintain his or her knowledge in relation to the MA 1958, MR 1994 and other migration
Laws5.
Code 2.7 states that when an agent has been asked by the client to provide his or her
opinion with respect to the probability of success of the application, it is the duty of the agent
to provide the advice in writing within a reasonable time, or in a way that oral advice is same
as written advice and should not provide unjustified or unsubstantiated prospects of the
application being successful.
It is the duty of the agent under code 2.8 to keep the client informed about each stage
of the application process6. Under code 2.14A an agent is not allowed to portray before the
client that he would be able to procure a specific decision for the client with respect to the
MA 1958 or MR 19947.
It is the duty of the Migration agent under code 2.17 that if the application proposed
by the client under the MA 1958 or the MR 1944 is grossly unfounded or vexatious such as
having no hope of success, he should not encourage the client to make an application, advice
the client about the vexatious of the application and obtain acknowledgement form the client
that he has provided him with a contrary advice8. It is also the duty of the migration agent
under code 2.23 to uphold the integrity and reputation of the migration advice profession9.
Application
4 Code of Conduct, Migration Regulations 1998 (Cth) s 2.4
5 Code of Conduct, Migration Regulations 1998 (Cth) s 2.5
6 Code of Conduct, Migration Regulations 1998 (Cth) s 2.8
7 Code of Conduct, Migration Regulations 1998 (Cth) s 2.14A
8 Code of Conduct, Migration Regulations 1998 (Cth) s 2.17
9 Code of Conduct, Migration Regulations 1998 (Cth) s 2.23