Migration Law: Obligations of Migration Agents in Australia

This article discusses the obligations of migration agents in Australia under the Migration Agents Regulation 1998. It covers the code of conduct, obligations, and requirements for agents to act in the best interest of their clients. The article also provides information on the issuance of subclass 600 visas and the rights and obligations of migration agents in Australia.

Running head: MIGRATION LAW
MIGRATION LAW
Name of the student
Name of the university
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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.

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mentioned that the agent should respond reasonably in case of any allegation made
against him.
These are the obligatory requirements under the code that an agent must have to meet.
However, the subject matter of the case is based on issuance of the Class FA subclass 600
Visitor’s Visa. The migration authority has rejected the application of the prescribed client5.
Therefore, before making the reapplication, it is the duty of the agent to prescribe all the
necessary facts regarding the visa to the client so that the client could clarify the grounds.
According to the general instruction of the Subclass 600 visa, the applicant could make the
application in case they want to visit Australia for tourism or for any business purpose.
However, there are certain restrictions regarding this visit. The authority could reject the visa
application of the applicant if they intend to sell any products to the Australian citizen or to
provide services to any commercial institutions. The agent should have to inform the client to
fill up the Form 1419 for the application of visitor’s visa and the financial documents of the
client is required to be submitted before the migration authority in order to prove his
eligibility. Further, the applicant must not have any criminal records and must have to pass
the character test for getting the visa. Additionally, there are certain specific fees mentioned
for the visa (i.e. $140 AUD)6. The agent should be clear regarding his fees and other financial
expenses and the fees should be according to the provisions of the Migration Agents
Regulation 1994. Further, if the agent has certain conflict of interest with the clients, he is
required to clarify all these for maintaining a good relationship with the clients7. However, a
5 Essex, Ryan. "Research, the Border Force Act and Healthcare in Australian Immigration Detention
Centres." Hum. Rts. Defender 26 (2017): 8.
6 Renshaw, Lauren. "Migrating for work and study: The role of the igration broker in facilitating workplace
exploitation, human trafficking and slavery." Trends and Issues in Crime and Criminal Justice 527 (2016): 1.
7 O’BRIEN, Brynn. "Extraterritorial detention contracting in Australia and the UN Guiding Principles on
Business and Human Rights." Business and Human Rights Journal 1.2 (2016): 333-340.

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migration agent could not hold the documents of the clients and they should have to maintain
confidentiality regarding the information of the clients.
Conclusion:
Therefore, it can be stated that it is the primary duty of the migration agent to
maintain all the duties mentioned in the above paragraphs and the agent should have to act for
the benefits of the clients. Further, the agent is required to inform the client about all the
necessary solutions and provide all the services so that the authority could accept the visa
application. According to the code of conduct, the agent should not give any assurance
regarding the acceptance of the visa application. The agent must have to maintain all the
guidelines and should not disclose any material facts to anyone.

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Bibliography:
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.
Currie, Samantha. Migration, work and citizenship in the enlarged European Union.
Routledge, 2016.
Essex, Ryan. "Research, the Border Force Act and Healthcare in Australian Immigration
Detention Centres." Hum. Rts. Defender 26 (2017): 8.
Hirsch, Asher Lazarus. "The Borders Beyond the Border: Australia’s Extraterritorial
Migration Controls." Refugee Survey Quarterly 36.3 (2017): 48-80.
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.
O’BRIEN, Brynn. "Extraterritorial detention contracting in Australia and the UN Guiding
Principles on Business and Human Rights." Business and Human Rights Journal 1.2 (2016):
333-340.
Renshaw, Lauren. "Migrating for work and study: The role of the igration broker in
facilitating workplace exploitation, human trafficking and slavery." Trends and Issues in
Crime and Criminal Justice 527 (2016): 1.