Comprehensive Analysis of Australian Immigration Law and Agent Conduct

This report provides a detailed analysis of Australian immigration law, focusing on the roles and responsibilities of migration agents. It examines the Migration Act 1958, the Migration Agents Registration Authority (MARA), and the Code of Conduct for migration agents. The report outlines the requirements for migration agent registration, including qualifications, fees, and professional indemnity insurance. It also discusses the Class UC sub-class 457 Temporary Business Entry visa, including eligibility criteria and conditions. Furthermore, the report analyzes the duties of migration agents, emphasizing the importance of communication, ethical conduct, and adherence to regulations. The report uses a case study to illustrate the practical application of the law and regulations. The report covers various aspects of the migration process, including the responsibilities of agents, visa applications, and the legal framework governing immigration in Australia.

Running head: AUSTRALIAN IMMIGRATION LAW
Australian Immigration Law
Name of the Student
Name of the University
Author Note

1AUSTRALIAN IMMIGRATION LAW
Table of Contents
Question 1........................................................................................................................................1
Question 2........................................................................................................................................6
Reference.........................................................................................................................................8

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Question 1
To
Mr. Jeffery Jacob
Subject: Letter of Procedure for Migration Agent
Dear Mr. Jacob
It is notified that the application is providing to you for the knowledge of the provisions
of a migration agent under the Migration Law. You are hired by the Wood Engineering.
Therefore we have the details of your Graduate Certificate in Migration Law and Practice for the
position. For now you are appointed by the company and required to give details about the fees
and disbursement to the company authority. The Human Resource Manager has asked for the
details of fees and disbursement for his service toward the company. When you have given the
details about the required fees where it has been mentioned about the professional fess which
amount is $3, 8000 and included GST along with the amount of the disbursements and must paid
to the department of immigration and border protection (DIBP). With the professional fees you
are also requested to our company to pay another $1500 as the upfront of commencing work
(Aleinikoff & Klusmeyer 2013). The company now again is asking you about the confirmation
and the details of the bank account. Therefore, according to the Migration Act 1958 you need to
accept all the terms and conditions where the Migration Agents Regulations 1998 and the Code
of Conduct also applied to be a migration agent of Australia (Akbari & MacDonald 2014).
The Migration Act 1958 actually first introduced for the application and implementation
in behalf of the Migration Reform Act 1992 through the minister for immigration and border

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protection. By the introduced of the Migration Act 1958 the Australia Government applied the
Migration Registration Board. According to the regulation of the act it helps to control and
monitor the registration process of the agents where the regulations also applied for them who
misconduct their duties. The code of conduct also applied for the migration agents to help them
to develop the standards of professional conduct according to their quality of services for
migration. For the application a particular standard has been set according to the proficiency and
knowledge. The ability of the agent should apply to control the Complaints and investigate the
migration issues and also resolve them as per the requirement of the client (Aleinikoff &
Klusmeyer 2013).
The Migration Agents Registration Authority (MARA) is another regulation for the
migration process where agents are working on the self regulation. The MIA Board members
comprised the migration process through the MARA (Aleinikoff & Klusmeyer 2013). The
migration agent’s registration authority also works as per the need of investigations, monitoring,
registrations, and imposing disciplinary sanctions through the migration agents. In some cases
the MARA give suggestions from the lawyers (Akbari & MacDonald 2014).
The person who complete the age of minority and became 18 years can apply for the
registration of the migration agents. According to the section 286 of the migration Act 1958,
any individual person is able to apply for the registration of migration agents. Incorporation of
partnership and Association of form or any incorporated bodies are not allowed to register for the
position of migration agents as per the migration at 1958 (Aleinikoff & Klusmeyer 2013).
Any individual migrations agents belong from any law firm participate in that matter
individually and take the responsibilities. Sometimes the appointed migration agent may not be

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able to attend the case matters due to sickness or leave of absence then other migration agent can
take the responsibilities (Akbari & MacDonald 2014). The individual person who work as a
registered migration agent he or she need to be registered or get the registration form from the
registration applicants page in the Migration Agents Registration Authority or MARA in
between 30 days of the announced continuing periods. The MARA website will provide the
registration form for the applicants. Therefore you need to filled the for according to the
regulation.
The section 288(5) of migration Act 1958 provides the provisions where the candidates
of migration agents pay the registration fees through the registration application charge of
Migration Regulation 1998. Along with it the section 294 of Migration Act 1958 introduced
the legislation who is mentioned for the candidate or applicants of the migration agents should be
the citizen of Australia or he or she must have the permanent residential address in Australia or
the citizen of New Zealand according to the holder of special category of visa. Here, you need to
follow the regulation appropriately.
The MARA course must obtain and offered by the Australian National University (ACT),
Griffith University (Qld), Victoria University (Vic) and Murdoch University (WA). The
applicant needs to apply for the exam of the registration and passed with a minimum number.
The migration agent should pass with proficient in English along with a mandatory score of 6.5
in speaking, writing, reading and listening. You are also requested to apply for the examination
and score accordingly. The migration agent must be an integrity person who is healthy, fit and
have good character (Aleinikoff & Klusmeyer 2013). If the applicant have any past records
regarding the undischarged bankrupts then he or she must not apply for the position otherwise
they may get rejected. You are also requested to provide us appropriate documents. The

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applicant never applies for the cancellation of registration of migration agents in between 5 years
after he applied. The section 292 of Migration Act leaves the provisions for the rejection of
cancellation (Akbari & MacDonald 2014).
The Australian Federal police also give a character certificate of the applicant which is a
mandatory but in registration the general face is $420 for the imposed visa allowance $330 for
nomination face and the fees of the application is $1700 will be added for the additional charges.
You must collect the certificate from the appropriate authority.
Another requirement for the candidate is having the professional indemnity insurance.
The section 292(B) of the Migration Act 1958 and the Regulation 6D of the Migration
Agents Regulation 1998 introduced the legislations for the applicant of the migration agent
where he will get the $250,000 as a coverage of insurance on the professional indemnity
insurance (Campbell & Tham 2014). The professional indemnity insurance helps the migration
agents when the insurance provider gives them the coverage (Akbari & MacDonald 2014).
Therefore, you are requested to go through all the details of information and apply for the
registration form.
You sincerely
The disbursement defines a convenience of license which can be incurred through a
solicitor or lawyer and they have the right to claim the license amount for their general
convincing work. The disbursement amount is changeable in different countries or States

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according to their convincing work. Disbursement license is processed show the implementation
of registration of mortgage property government certificates public authorities along with
administrative documents like photo copy, pest inspection, attain settlement, mailing and starter
reports under starter title.
The out of pocket expenses is a kind of capital of amount which is paid to the on cash
reserves by the individual (Boucher & Cerna 2014).
The Class UC sub-class 457 Temporary Business Entry visa is one of the important visa
opportunity for the workers who want to do job in Australia in temporary time basis (Campbell
& Tham 2014). They need to apply for the valid visa applications under Class UC sub-class 457
Temporary Business Entry visa where they need to complete some requirements those are:
 The applicant of the Class UC sub-class 457 Temporary Business Entry visa must
apply for the valid visa application and the visa will give only 4 years to them to have the
Residency in Australia along with their family members (Boucher & Cerna 2014).
 The subclass 457 visa holders have no limitations for travelling in and out of Australia.
 The applicants who will get the visa for working and Australia need an approval letter
from the sponsored of department of immigration and border protection.
 The applicant should required to have the knowledge of minimum skills in English
language.
 The worker who will obtain the visa must have a trusted health certificate under the visa
process.
 The holder of Class UC sub-class 457 Temporary Business Entry visa only have the
permissions of temporary residence in Australia up to 4 years. However according to the

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Australian government they can apply for the permanent residential visa to stay in
Australia with another application where the workers need to describe proper reason or
an appropriate prove to get the permanent residence (Aleinikoff & Klusmeyer 2013).
 The applicants who will hold Class UC sub-class 457 Temporary Business Entry visa
only able to work under the nominated occupation by the sponsor employer.
 It also included that without the sponsorship the applicant never allowed with the class
Class UC sub-class 457 Temporary Business Entry visa and residence in Australia
(Campbell & Tham 2014).
After the process when the applicant will allow it to work and get the residence in Australia
under the Class UC sub-class 457 Temporary Business Entry visa must need the sponsor
employer. The applicants who are medical practitioners and general manager also get the
permission to work under the associated entity through the sponsor and in addition of the
nominated occupations (Boucher & Cerna 2014).

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Question 2
The Code of Conduct for the Migration agent is recognized under the Migration Agents
Regulations 1998 No. 53, Schedule 2, Regulation 8 and the Migration Act 1958 Subsection
314(1) gives the provision of the conduct of migration of the individuals who want to be the
adviser of their clients. The requirements of recognized migration agent must have:
 The migration agents must have the quality to communicate or interact with their clients
for providing them every information and status of their living.
 The migration agent mast fixed fees for their service charges and regarding the visa
processing issues of the clients.
 The client must provide there every detail and the fees regarding the expenses is related
to the service charges must provide to the migration agents and if there is any needs of
the financial management to keep the records for the future transactions then that also be
processed (Boucher & Cerna 2014).
 If any consequence arises that the appointed migration agents must not able to attend the
migration process due to some sickness or any other circumstances then he or she can
give the duty or provide the duty to another agent who can work behalf of him (Murphy
2017).
 The migration agent should behave properly with the client and must give the service
with honesty and diligence. The migration process must be fair and good.
 The code of the conduct establishes the duties for the migration agents to provide the best
standard of the prudent systems through the administration of the Australian government
(Campbell & Tham 2014).

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The migration agent must investigate the issues of the visa process and resolves them as per
the needs of the clients. The subclass visa process has validity for 4 years. The migration process
is described by the migration act where the applicant or the migration agent must follow all the
terms and conditions regarding the process (Murphy 2017). Here as per the case study Josephine
is the client and Jeffrey is the migration agent who will be paid for the processing of the visa. As
per the migration that it is the duty of Jeffrey to process properly following the code of conducts
of migration act and resolves the issues regarding the visa problems (Campbell & Tham 2014).
The code of conduct establishes the rules where the registered migration agents have duty to
follow up every Regulation and as per the need of the client he or she will apply the regulations.
If the regulations not processed with diligences and violent terms then the clients and migration
agents both can face the consequence (Boucher & Cerna 2014).
According to the case study the issue has been erased when just been stated to Jeffrey about
the failure to pay the amount of the charges for the visa process to the company that Jeffrey must
investigate and query the complete issues regarding the payment to the wood engineering. As a
migration agent of wood engineering he will first communicate with the client about the visa
issues and take every initiative steps according the migration rules and acts (Boucher & Cerna
2014).

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Reference
Akbari, A. H., & MacDonald, M. (2014). Immigration policy in Australia, Canada, New
Zealand, and the United States: An overview of recent trends. International Migration
Review, 48(3), 801-822.
Aleinikoff, T. A., & Klusmeyer, D. (Eds.). (2013). From migrants to citizens: Membership in a
changing world. Brookings Institution Press.
Boucher, A., & Cerna, L. (2014). Current policy trends in skilled immigration policy.
International Migration, 52(3), 21-25.
Breen, F. (2016). Australian Immigration Policy in Practice: a case study of skill recognition and
qualification transferability amongst Irish 457 visa holders. Australian Geographer, 47(4),
491-509.
Campbell, I., & Tham, J. C. (2014). Labour market deregulation and temporary migrant labour
schemes: An analysis of the 457 visa program.
Fitzgerald, J., Leblang, D., & Teets, J. C. (2014). Defying the law of gravity: The political
economy of international migration. World Politics, 66(3), 406-445.
Francis, R. D. (2014). Birthplace, migration and crime: the Australian experience. Springer.
Groutsis, D., van den Broek, D., & Harvey, W. S. (2015). Transformations in network
governance: the case of migration intermediaries. Journal of Ethnic and Migration
Studies, 41(10), 1558-1576.
Hersch, A. (2017). Disbursement funding: The benefits for SME law firms. Precedent (Sydney,
NSW), (139), 46.
Hollifield, J., Martin, P., & Orrenius, P. (2014). Controlling immigration: A global perspective.
Stanford University Press.
Humphrey, M. (2014). Securitization of Migration: an Australian case study of global trends.
Revista Latinoamericana de Estudios sobre Cuerpos, Emociones y Sociedad, 6(15), 83.
Jacobs, K. (2016). Experience and representation: Contemporary perspectives on migration in
Australia. Routledge.
Leblang, D. A., Fitzgerald, J., & Teets, J. (2009). Defying the law of gravity: The political
economy of international migration.
Murphy, K. (2017). Breaking down the 457 visa changes. Eureka Street, 27(7), 8.
Rhode, D. L. (2015). What We Know and Need to Know About the Delivery of Legal Services
by Nonlawyers. SCL Rev., 67, 429.

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Wright, C. F., & Constantin, A. (2015). An analysis of employers’ use of temporary skilled visas
in Australia. Submission to the Senate Education and Employment References
Committee Inquiry into the Impact of Australia’s Temporary Work Visa Programs on the
Australian Labour Market and on the Temporary Work Visa Holders.