Non-compliance of Tarik Georges with the code of conduct of Migration Act 1958

Graduate Diploma in Australian
Migration Law

TABLE OF CONTENTS
QUESTION 1.............................................................................................................................3
QUESTION 2.............................................................................................................................7
QUESTION 3...........................................................................................................................11
BIBLIOGRAPHY....................................................................................................................15

QUESTION 1
The default or non-compliance of Tarik Georges relating to code of conduct of Migration Act
1958 has been accepted by Migration Solutions Pty Ltd. However, as a principal, I wanted to
bring notice to you the fact that non-compliance has been made by the agent to some extent
only and same have been discussed below in detail in order to take an appropriate decision
relating to the migration agent:
Making a decision in the best interest of the client, the prospect of success and
dependency on Client
According to the clause, 2.8 of registered migration agent should verify the instruction in
written with the client he is representing in a reasonable period of time consequent to an
agreement1. Subsequently, operating according to the directions given by clients. Further,
keep clients notified in writing of the progress of every case or submission which is exercised
by the agent for their client. The agent should inform its client about the outcome of the case
or submission in a reasonable time when the case or submission is decided2.
In the present case, the agent has not provided the facts relating to the closure of business as
the same would have negatively affected the acceptance of application of visa. Moreover, as
previously also the operations were closed but they were initiated again. Thus, a perception
was made by the agent that things worked out as previously and he made a decision to attain
other details and documents from the client. Clause 2.1 states that agent is required to enact
1 Arther H. Akbari and Martha MacDonald, Immigration policy in Australia, Canada, New
Zealand, and the United States: An overview of recent trends (2014). International
Migration Review, 48(3) pp.801-822.
2 Louise Boon-Kuo,. Policing Undocumented Migrants: Law, Violence and Responsibility.
(Routledge, 2017).

in the interest of the client. However the same has been followed by the agent3. But clause 2.6
and 2.7 requires that agent should candid relating to the success of prospect application
however it should not force submission of an application.
It can be assessed that the agent made a decision after considering the interest of the client.
However he did not make any attempt to reassess the verification of claim of SY’s
immigration pathway and other available options. Moreover, it is not appropriate to take a
decision without any further investigation in case the same result into a negative impact for
visa application4.
Divergence of Interest
With accordance to the clause 2.1A of the Registration Migration Agent (RMA) it should not
allow an individual as a client in case he has any of the following vested interests:
 The agent had past dealing with the individual or plans to help that individual, in the
agent’s ability as a marriage pastor.
 The presence of any other interest of the agent which can influence the legitimate
interest of the client.
Clause 2.1 B specifies that if it has become clear that registration migration acquires conflicts
of interest which are stated in clause 2.1A corresponding to the client than agent should
consider the following requirement of its clients within 14 days:
a) Inform clients regarding conflict of interest.
3 Jason Donnelly, Utilisation of National Interest Criteria in the Migration Act 1958 (Cth)-A
Threat to Rule of Law Values (2017). Victoria UL & Just. J., 7, p.94.
4 Keith Jacobs, Experience and representation: contemporary perspectives on migration in
Australia. (Routledge, 2016).