Migration Law: Obligations of Migration Agents in Australia

Running head: MIGRATION LAW
MIGRATION LAW
Name of the student
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1MIGRATION LAW
Introduction:
The present subject matter of the case is based on the issuance of subclass 600 visas
and statement regarding the rights and obligations of the migration agent in Australia. In
Australia, there are certain Acts and regulations present that describing the obligations for the
registered agents. According to the terms and conditions of Code of Conduct, a migration
agent should have to follow certain rules and they are responsible for the administration of
the code of conduct1. Further, if the agents have failed to act for the interest of the clients, the
immigration authority will take necessary steps against the infringing agent. Certain offences
are there in the Migration Regulations 1994 that are also included under this Code. Therefore,
it can be stated that the code has dealt with the establishment of proper standard within the
migration department and mentioned certain actions for the agents so that they could not
feather their own profit and the interest of the clients could not be affected.
Discussion:
The main aim of the Migration Agents Regulation 1998 is to make the agents capable
enough so that they could act in diligent way and interact with the agents fairly. According to
schedule 2 of Migration Agents Regulation 1998, certain code of conduct has been
systemised. Further, the agents are required to obtain necessary knowledge regarding the
migration problems and should not deprive the clients regarding anything2. According to the
code of conduct, a migration agent should have to maintain the provisions mentioned under
section 314 of Migration Act 1958 that has also been mentioned in schedule 2 Regulation 8
1 Boese, Martina, and Kate Macdonald. "Restricted entitlements for skilled temporary migrants: the limits of
migrant consent." Journal of Ethnic and Migration Studies 43.9 (2017): 1472-1489.
2 Hirsch, Asher Lazarus. "The Borders Beyond the Border: Australia’s Extraterritorial Migration
Controls." Refugee Survey Quarterly 36.3 (2017): 48-80.

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of the Migration Agents Regulation 19983. The obligations of the migration agents are as
follows:
 A migration agent should have to interact with the customers liberally and act for
the interest of the agents. Under the Code, it has been mentioned that the agents
should provide all the necessary information according to the necessary of the
clients. The agent should not deceive the customers.
 The agent should have to concern about his fees and charges and he must have to
mention about the same specifically. Further, the agent should have to keep all the
records regarding the migration and the financial management. In case of any
misplacement of the documents, the agents will be held liable for the same and
penalties will be generated against them.
 It has been mentioned under the code that the migration agent should have to act
fairly with the other agents. According to the code, they must not behave
differently with the other agents and they have to act for the betterment of other
agents. Further, they should not make any false comments against the interest of
the agents so that their interest could get harm4.
 In case the agent has employed any employee to assist him in the course of work,
he should have to act with the employee in a good manner. Further, he is retrained
to do any fraudulent act with the employee.
 According to the Migration code of conduct, the agent should have to act in good
faith if any complaint has been lodged against him. Under the code, it has been
3 McNevin, Anne, Antje Missbach, and Deddy Mulyana. "The rationalities of migration management: Control
and subversion in an Indonesia-based counter-smuggling campaign." International Political Sociology 10.3
(2016): 223-240.
4 Currie, Samantha. Migration, work and citizenship in the enlarged European Union. Routledge, 2016.