Primary Sources of Law for Migration Agents and Lawyers

ASSIGNMENT

Primary sources of law required to be referred by migration agent or
migration lawyer:
Migration Agents Regulations 1998, Migration Regulation 1994 and Migration Act 1958 are
the primary sources of law which is required to be referred by migration agent or migration
lawyer. Migration law is part of administrative law as it deals with decision made by Minister
or his/ her delegation1. Further migration law is regarded as federal area of law. Section 51 of
the Constitution specifies powers available with Parliament which comprises development of
law relating to immigration and emigration.
The manner in which Migration Agents Regulations 1998, Migration
Regulation 1994 and Migration Act 1958 are interrelated:
Migration Agent Regulation 1998 comprises the code of regulation 1994 as well as the other
legislation which are relating to migration procedure. Further, Migration Agent Regulation
1998 is developed under statutory rules no. 53, 1998 of Migration Act 1958. On the other
hand Migration Regulation 1994 has been construed as per statutory rules no. 268, 1994 of
Migration Act 19582. The fact represent that both these regulation are part of Migration Act
1958, thus provisions comprised in same cannot overrule the provisions of Migration Act
1958.
The main body which is involved in development of Migration Agent regulation 1998 and
Migration Regulation 1994 is Office of Migration Agent Registration Authority. Migration
Act 1958 was passed by British Parliament in order to be enacted as constitution. Further, the
specified act can be changed or develop in accordance with rule specified in section 128 of
the constitution. However, it is necessary that the proposed change is approved as bill by
federal parliament. Afterwards, the same is forwarded to the governor –general in order to
issue the writ so that the referendum can occur.
1 Juss, Satvinder. “Introduction: Critical Approaches to Migration Law. [2015]. Volume 22
International journal on minority and group rights”.1-16
2 Migration Regulation 1994 (Cth)