7231LAW - Client File Management Method in Australian Migration Law

This assignment focuses on creating and justifying a personal client file management method for a registered migration agent, compliant with the Code of Conduct outlined in the Migration Act 1958 and Migration Regulations 1994. The assignment details the structure of an electronic filing system using Google Drive, emphasizing the importance of separate folders for prospects and clients, with sub-folders for communication, financial documents, departmental documents, submissions, supporting evidence, and research. It outlines essential documents required for a 485 Post-Study Work Stream Visa application, using the case of a client named Jill Naido as an example. The solution emphasizes systematic record management, data security, client confidentiality, and compliance with legal provisions, ensuring all relevant records are maintained for a minimum of seven years and can be readily produced for inspection by authorities. The chosen file structure prioritizes efficient access to documents and maintains detailed file notes of all communications.

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

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3.
CLIENT FILE MANAGEMENT METHOD
According to section 314(1) of the Migration Act 19581, a registered agent must act in
accordance to the prescribed Code of Conduct. The code comprises of several provisions
related to migration procedure of a client like conduct of agent, procedures to be followed by
him, procedures to maintain the documents and records. For maintaining of important records
and documents, it is necessary for every agent to create a file where such records and
documents can be stored safely and can be accessed as and when needed. The Code of
Conduct does prescribe for any particular method to be chosen for client management. The
agent is free to choose any method convenient to him. However such method must comply
with the Code.
For every client, a separate client file is be maintained by the agent. Before that the
agent must necessarily structure the file because it will help him to access the records and
documents conveniently. In case the agent is sick or not well, he may give the client file to
another agent. That new agent must be able to go through it easily and understand the nature
of the case by giving only one glance. Thus proper file management is very essential such
that everything can be understood without giving much effort.
Such file management can be done in electronic form or physical form. Physical form
means maintaining a hard board file containing records and documents in hard copy, properly
numbered and labeled. Some legal practitioners and some migration agents maintain manila
folder file where they keep all the hardcopies of the documents given by the clients. They
also print or make photocopies of those documents given by the stakeholders also. all those
documents are chronologically or alphabetically arranged in the folder. Again some agents or
1 The Migration Act 1958 s. 314(1)

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firms do not photocopy or print the documents; they just scan those documents and upload
them in the electronic filing system. However, in today’s world, maintaining soft copies in
any electronic method is very useful and convenient. Hence, the second method of scanning
and uploading is very popular nowadays. Being a migration agent according to section 287 of
the said act2, even I prefer to use electronic medium to maintain the client file.
In general, I create an electronic filing system with the name of the client and date in
the Google Drive. Other platforms that can be used in this regard are computer hard drive, en
external hard drive like pendrive or USB, Microsoft one drive, PebblePad and others.
However, I ensure to backup each and every files in any of the above places for extra
security.
After creating the file, I structure the file according to my convenience. I create a
number of sub folders under the file for categorizing the documents and records. The two
main sub folders are named as Prospects and Clients.
In the Prospect sub folder, the details of the potential clients are saved. Potential
clients are those who contacts for various enquiries. Their names, contact numbers, email id
or any information available to contact with them are saved. Once they become clients in
actual, their names are removed from the prospect folder.
Another sub folder created is under the name of Clients. In this folder, all the detailed
information of the clients along with other documents is stored in sub folders under client
folder. Some of the suggested folders that can be created for convenience are communication,
financial documents, departmental documents, submissions, supporting evidence, research as
and when needed.
2 The Migration Act 1958 s. 287

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For my present client Jill Naido, as discussed above, I would like to create a folder in
the name of the client like ‘Jill Naido’. Here Jill wants to stay in Australia permanently after
she finished her masters. As a migration agent, I would suggest her to apply for Post –Study
Work Stream of 485visa. Hence all the documents in this regard are to be taken from Jill,
scanned and uploaded in the respective sub folders under the main file ‘Jill Naido’.
In the Communication sub folder, I will keep all the correspondence letters/mails
communicated between us. Such mails will include mails to and from Jill. Mails from Jill will
include his mail making the enquiry of his need. Mails to him will include the mails I sent Jill
as confirmation along with copies of Code of Conduct found in schedule 2, Regulation 8 of
the Migration Agents Regulations 19983, Migration Act 19584, Australian Citizenship Act
20075 and the Migration Consultants Regulations 19986. Any mails made to and from
department of migration are also kept here. Mails to and from stakeholders are not available
in this particular case. Any file notes, internal memos if available are to be saved under this
folder too.
All financial documents are to stored under the head of ‘Financial Docs’ which
comprises of the agreement Jill and me, copy of the receipt given to Jill after his payment,
ledger, invoices and statement of services according to the provisions given in Part 7 of the
Code of Conduct7. The essential documents required for filing for 485 Post Study Work
Stream Visa are as follows:
1) Essential Forms:
These include the application form, Form 80 for personal particulars for assessment
including character assessment for one who is above 16 years of age, Form 47A if the
3 The Migration Agents Regulations 1998, Schedule 2 Regulation 8.
4 The Migration Act 1958.
5 The Australian Citizenship Act 2007.
6 The Migration Consultants Regulations 1998.
7Mara.Gov.Au (Webpage, 2019) <https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.

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applicant has a child or other dependent family members above 18 years old and Form 956
from a migration agent providing immigration assistance.
2) Identification related Documents:
These include 2 recent passport sized photographs included in the application,
certified copy of the identity details page of each applicant’s passport, certified copy of each
applicant’s birth certificate, family registrar etc and evidence of any legal name change if
any.
3) Study and Skills requirements:
If the applicant is not a citizen of UK, NZ, USA, Canada or Republic of Ireland, then
result of an English language test taken within last 3 years is needed for visa application. The
tests that are permissible are IELTS, OET, TOEFL, PTE Academic and CAE. Besides this,
confirmation of Enrolment for each course completed in Australia along with completion
letter, Certificate of Award and Transcript for every course completed here are also to be
provided.
4) Health and Character requirements:
Documents showing each applicant has received or applied for a current National
Police Certificate issued by the Australian Federal Police must be given. Each applicant must
have proper health insurance. In this regard provisions of section 5C of the Act must be
followed8. Besides this, an applicant must show that they have gone through an appropriate
level of Overseas Visitor Health Cover (OVHC) by the time visa is to be granted. In this
regard, section 60 of the Migration Act 1958 must be followed9.
8 The Migration Act 1958, s. 5.
9 The Migration Act 1958, s. 60.

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5) Debt free document:
Documents showing that applicant is not having any outstanding debt to the
Australian Govt. must also be submitted for visa application.
In respect of the above-mentioned documents, Jill has to supply with the following to
me so that I can proceed with the application. They are:
 2 recent passport sized photographs.
 Original or certified copy of the identity details page of Jill’s passport.
 Original or certified copy of Jill’s birth certificate.
 Evidence of any legal name change if any.
 Result of an English language test like IELTS, OET, TOEFL, PTE Academic and
CAE taken within last 3 years as Jill is Indian by origin.
 Confirmation of Enrolment for Bachelors and Masters completed in Australia along
with their completion letters.
 National Police Certificate issued by the Australian Federal Police.
 Documents showing that applicant is not having any outstanding debt to the
Australian Govt.
 If any of the above mentioned documents is not in English, then translation of that
document along with certified copy of the original are to be supplied.
Other than these, I will be providing with the necessary forms and documents
needed for visa applicaton.
4.
I have chosen this the client file management method as it ensures a systematic
management of the managing and maintaining all the relevant records relating to the client in
such a way that it enables me to access every documents whenever I require the same and it

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does not take much effort to find the particular document when needed. This method helps
me to keep the system relating to office administration more prudent as the same will keep
the records and the files relating to the clients in an organised manner. This method helps me
to keep all the documents and other instruments that have been provided by the client are kept
in an organised manner and the same has been kept with utmost priority and in a secure
manner. This method ensures the files relating to a client in such a way that is does not
hamper the confidentiality of the client’s information. This method helps to keep the file of
the clients in such a secured and private manner that it does not has the chance of being
exposed to other clients or other people visiting the office of the migration agent. I have
chosen this method because it ensures all the relevant records to be maintained in relation to
the client, which can be produced to the authority for inspection when requested.This method
has been chosen by the me because requires all the records required to be maintained under
this code for a 7-year period calculated from the date on which last action has been taken
with respect to the file of a particular client. I have chosen this method because it ensures that
the confidentiality of the client is not compromised in any way even after the client has been
handed over with the file. This method has been used because it ensures that the
confidentiality of the client is not compromised in any way even after the elapsing of the 7-
year period.I have chosen this method because it is compliant with all the provisions relating
to the same contained in the Migration Act 195810 and the Migration Regulations 199411.
I have chosen the particular structure within your client file as it prioritise the systematic
management of the managing and maintaining the records all the relevant records relating to
the client in such a way that it enables me to access every documents whenever I require the
same and it does not take much effort to find the particular document when needed.This
structure requires all the documents and other instruments that has been provided by the
10 The Migration Act 1958.
11 The Migration Act 1994.

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client are kept in an organised manner and the same has been kept with utmost priority and in
a secure manner. This structure is preferred as it requires all the relevant records to be
maintained in relation to the client, which can be produced to the authority for inspection
when requested.I have chosen this file structure in this method as it requires the it helps in the
maintenance of the confidentiality of all the information that has been provided by the client.
I have chosen this structure as it requires the file to contain file notes relating to every oral
communication of material or substantive nature that has been made between the agent and
the client, the agent and the department relating to the client, and the agent and the relevant
statutory authority.I have chosen this method as it requires the file of the client to contain
copies of all the communication of written form that are carried out between the agent and the
client, the agent and the department relating to the client, and the agent and the relevant
statutory authority.I have chosen this structure as it requires all the records required to be
maintained under this code for a 7-year period calculated from the date on which last action
has been taken with respect to the file of a particular client and ensures the confidentiality of
the client even after the elapsing of this 7 year.
The code of conduct provided under the Migration Agents Regulations 1998 requires
specific documents relating to the client to be kept for in the file relating to the client. All the
relevant records are required to be maintainedin relation to the client, which can be produced
to the authority for inspection when requested. In this regard Part 6 of the Code of Conduct
has to be referred12. This is because this will make the agent conversant about the case he has
been handling and he will be compliant with the laws relating to Migration.
12 Part 6 of the Code of Conduct.

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References
Mara.Gov.Au(Webpage,2019)https://www.mara.gov.au/media/553229/
Code_of_Conduct_April_2017.pdf
The Australian Citizenship Act 2007
The Code of Conduct
The Migration Act 1958
The Migration Agents Regulations 1998
The Migration Consultants Regulations 1998
The Migration Regulations 1994