University Name - LML6007 Migration Law: Code of Conduct and Ethics

This report analyzes a case study involving an immigration agent named Charlie and his obligations under the Code of Conduct within the context of migration law. The scenario involves a couple, Jasmine and Jeffrey, and a Permanent Intervention Order (PIO) lodged by Jasmine. The report examines Charlie's role as an agent, his responsibilities regarding the PIO, and the procedures for visa applications, particularly partner visas. It outlines the legislative and regulatory provisions related to partner visas, including the requirements for marriage, temporary and permanent residency, and the consequences of fictitious marriages. The report also explores how Charlie should have handled the situation, emphasizing the importance of reporting to relevant authorities and avoiding partiality. The report also covers the legal framework for obtaining Australian citizenship through marriage. It concludes with a discussion of the risks associated with fictitious marriages and relevant references.

1
Name:
Course
Professor’s name
University name
City, State
Date of submission

2
In light of these circumstances what do you believe Charlie should have done to comply
with the requirements prescribed under the Code of Conduct?
Charlie has to act as an agent and not be partial in adjudicating his work. As an agent, Charlie
has no authority in delaying a Permanent Intervention order lodged by Jasmine against
Jeffrey. Even if the relationship has broken, as an immigration agent, Charlie is supposed to
report to relevant authorities since the two Jeffrey and Jasmine are partners. Delaying the
lodging of the evidence of PIO should be determined by the Department of Home affairs.
Charlie work is not to determine whether Jasmine is wrong or right but to act as an
immigration authority regardless of what Jeffrey her husband wants1.
According to the general procedure, a foreigner should legally live in Australia, obtain a
residence permit, and only then apply for citizenship, it will take about 6 years. However,
more shortened terms of residence in Australia are established for representatives of foreign
citizens who are married to a citizen of (civilian) Australia like Jeffrey and Jasmine.
Representatives of foreign countries can expect to receive a passport of a citizen of Australia
in a shorter time than what is established for obtaining citizenship on a general basis2. The
grounds for filing documents and obtaining permanent visa application under the simplified
scheme are the categories of persons specified in Art. 14 of the Immigration Law "On
Citizenship of Australia." Namely: After receiving a residence permit and not taking into
1 Castles, S., Ozkul, D. and Cubas, M. eds., 2015. Social transformation and migration:
National and local experiences in South Korea, Turkey, Mexico and Australia. Springer.
2 Chung, C., Kim, K. and Piper, N., 2016. Marriage migration in Southeast and East Asia
revisited through a migration-development nexus lens.

3
account any periods of residence, people who have at least one parent a citizen of Australia
and those who were previously citizens and who have not received the citizenship of another
country can apply for citizenship.
After marriage, a foreigner can expect that he will be able to obtain citizenship no longer than
after 5 years, but after 3 years under simplified conditions3. To register a marriage, a foreign
citizen and Australians must perform the following actions: the future husband and wife must
submit to the registry office, which is located in Australia, their joint statement of intent to
get married; the application can be carried out personally by the future spouses to the registry
office or you can submit an application through the portal of municipal and state services. A
notarial translation of a foreign passport is also submitted to the declaration of intent to
marry, the translation can also be certified by a consul or other institution in the country of
which the future spouse or spouse is a citizen4. Also, a foreigner must submit documents that
confirm the absence of obstacles to marriage.
Assuming you are Charlie in these circumstances, how would you have handled this
matter?
3 Lu, M.C., Zhang, J., Chee, H.L. and Yeoh, B.S., 2016. Multiple mobilities and
entrepreneurial modalities among Chinese marriage migrants in Malaysia. Current
Sociology, 64(3), pp.411-429.
4 Pickering, S. and Ham, J. eds., 2017. The Routledge handbook on crime and international
migration. Routledge.

4
As an agent, Charlie has his work cut out. There are known functions of an immigration
officer. One of them is to assist the foreigner get what they came for. As an agent I would not
interfere with the application process but I would tell Jeffrey the husband to lodge an enquiry
into the process of Jasmine permanent residency5. My process of application of Jasmines visa
will go on but all other issues relating to their marriage will be left to a higher authority to
adjudicate. The department of home affairs has legal jurisdiction and mandate to probe into
any matter relating to immigration. Therefore, the department should be fully informed of the
matter at hand and it should there after decide on Jasmines fate. However, Jeffrey is the one
who should report on the status of their relationship and the availability of a permanent
intervention order (PIO). Lodging of a PIO should be supported by evidence that the
relationship between Jeffrey and Jasmine is broken. If Jeffrey believes that there is a fare
chance that the PIO was lodged to seek permanent residency, then there are legal ways and
processes that should be taken to allow investigations to occur. Such documents include a
certificate, which states that a citizen of another state is not married or it may be other papers
(it all depends on the laws of the country of the groom / bride). In addition to all these
documents, documents are also being submitted, which is confirmed by the legal residence of
a foreigner in Australia. Obtaining the right to reside is the next step is to obtain a residence
permit for an alien, this is abbreviated as RWP. A temporary residence permit in the country
is a special stamp that is put in the passport of a foreign citizen.
5 Golder, H. and Kirkby, D., 2017. Land, conveyancing reform and the problem of the
married woman in colonial Australia. In Law, history, colonialism. Manchester University
Press.

5
Please cite the specific legislative and regulatory provisions in support of your answer.
The legislative requirements and regulatory requirements for a partners Visa is that one must
be married to, or in a de facto (common law) partnership in a relationship with a citizen from
Australia. The partner must also be a permanent resident of Australia. Under this Visa
application, the partner must sponsor the foreigner for a period not less than 2 years. After 2
years, the relationship is still continuing and genuine, the foreigner maybe eligible to be
issued with a permanent residence visa6. The decision to apply for a permanent visa must
come after a certain duration of time in marriage with an Australian citizen.
Having a temporary residence permit, a foreign citizen, in the absence of violations of the
law, can apply for a residence permit (hereinafter referred to as a residence permit) within a
year. A residence permit is very important because it gives the right to long-term permanent
residence (up to 5 years) and is one of the documents the grounds for obtaining Australian
citizenship.
Risks of fictitious marriage Some “enterprising” foreigners decide to conclude a fake
marriage with the goal of obtaining citizenship as soon as possible. That is, marriages that are
not created for the purpose of creating a family and conducting joint life, but for obtaining
citizenship, registration, etc7. Of course, fake marriage in Australia is a crime. Abroad, in the
6 Rabo, A., 2016. Syrian transnational families and family law. In From transnational
relations to transnational laws (pp. 29-49). Routledge.
7 Robertson, S., 2019. Migrant, interrupted: The temporalities of ‘staggered’migration from
Asia to Australia. Current Sociology, 67(2), pp.169-185.

6
presence of facts that confirm the fictitious nature of marriage, a foreigner can even be
imprisoned for up to 3 years or, at best, deported to his homeland.
Reference
Castles, S., Ozkul, D. and Cubas, M. eds., 2015. Social transformation and migration:
National and local experiences in South Korea, Turkey, Mexico and Australia. Springer.
Chung, C., Kim, K. and Piper, N., 2016. Marriage migration in Southeast and East Asia
revisited through a migration-development nexus lens.
Golder, H. and Kirkby, D., 2017. Land, conveyancing reform and the problem of the married
woman in colonial Australia. In Law, history, colonialism. Manchester University Press.
Lu, M.C., Zhang, J., Chee, H.L. and Yeoh, B.S., 2016. Multiple mobilities and
entrepreneurial modalities among Chinese marriage migrants in Malaysia. Current
Sociology, 64(3), pp.411-429.
Pickering, S. and Ham, J. eds., 2017. The Routledge handbook on crime and international
migration. Routledge.
Rabo, A., 2016. Syrian transnational families and family law. In From transnational
relations to transnational laws (pp. 29-49). Routledge.
Robertson, S., 2019. Migrant, interrupted: The temporalities of ‘staggered’migration from
Asia to Australia. Current Sociology, 67(2), pp.169-185.