Australian Immigration Law Report: Migration Agent Responsibilities

This report delves into the intricacies of Australian immigration law, addressing the roles and responsibilities of migration agents as defined by the Migration Act 1958 and the Code of Conduct. It analyzes the ethical obligations of agents, including providing accurate information, managing client accounts, and handling potential conflicts of interest. The report examines the requirements for skilled temporary visas (subclass 457), including eligibility criteria, application procedures, and the obligations of both visa applicants and sponsoring employers. It further explores the consequences of submitting false information, referencing relevant case law like Trivedi v Minister for Immigration and Border Protection. The report emphasizes the importance of accurate documentation, ethical conduct, and adherence to regulations to ensure successful visa applications. It highlights the significance of transparency and the potential repercussions of non-compliance with immigration laws, providing a comprehensive overview of the legal and ethical landscape surrounding Australian immigration.

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

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Table of Contents
Question 1........................................................................................................................................1
Question 2........................................................................................................................................6
Reference.........................................................................................................................................9

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Question 1
To
Mr. Jeffrey Jacob
Subject: Migration Advice Letter
Dear Mr. Jacob,
This letter has been sending you for the concern about the knowledge of the provision of
the migration agent under the migration law. The migration agent needs to accept ethical
provisions where the migration agent works on the service for their client about the visa process.
Under the code of conduct schedule 2 of the Migration Regulation 19981, migration agents work
as according to the provisions and legislation of the Migration Act 1958. The section 314 of the
Migration Act provides the duty of the migration agents where they must follow the code of
conducts2 while they are providing the services to their clients.
Procedural: A registered migration agent must provide the services to their clients until
and unless the sec- 313 of the Migration Act where the clients must pay them fees for their
service which is the duty and a statement of service. However, according to the terms and ethics
of Wood Engineering this is notify you that you must prove every detail of information to the
organization which are required for the service and also applied for the skilled temporary visa
subclass 457. Therefore, according to the company resolution, Wood Engineering has the right to
recover the amount which is paid by them in relation to the Visa services.
1 Code of conduct of Migration Agent regulation 1998
2 Code of conduct of Migration Agent regulation 1998

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The fees for the services by proving by the migration agent also charged according to the
code of conduct where the fess must be reasonable and fair according to the Migration Act. The
charges of the fess also depend on the application for the visa approval because according to the
services, application form and other fees regarding the visa process. However, the fess of the visa
production depends on the preparation of the applications where extra circumstances and
qualification or any modification is also required by the migration agent.
Migration Agent Registration Authority (MARA) is introduced for the migration agents
for working on the self-regulation migration process. By MARA authority they record every data
in every year for the paid charges of the visa process. The for temporary work skilled subclass
457 visa charges cost from $1800 – $5000 where the charges for the migration agents may varies
sometimes. When there are any extra charges for the constitutional fess is required then it is the
duty of the migration agent that they will provide a written statement to the client according to
the terms of the code of conducts. In the written statement the agent must mentioned about the
service fees along with the professional fees where they have provide services with extra
circumstances. The migration agent can claim their fess according to the agreement which has
been mentioned in the agreement with the client. The agreement must follow the terms which has
been stated between the client and the agent.
Accounting: Sometimes the client is needed to create a bank account which also known
as ‘clients account ‘where the clients are being charged before providing the service by the
migration agent. The ‘client account’ has no links with the personal bank account or the business
account of the clients. The ‘client account’ money is not accessible for the agents until and
unless there is any need to operate the money for the expanses related with the visa process. The
agent only takes or uses the money as the professional fees for the visa process.

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According to the part 3 of the Migration Act 1958 the immigration service has been
provided by the migration agents. The sec-312A provides the immigration assistances by the
migration agent where they must notify the immigration agent for the visa applicant when they
form the agreement to provide the services3.
The code of conducts also provides the regulation where the migration agent must work
for the best interest of the client where the provisions must apply according to the existing legal
provisions. It is the duty of the migration agent where they have to deal with clients with fair,
good and diligently with them while they are providing the services. While providing the service
in the visa process if there is any conflict has arise then the migration agent must sent notice or
notify the client about the conflict of interest. The services can be terminated if the registered
migration agent thinks for the best interest therefore in between 14 days of the termination it is
the duty of the agent to inform the immigration department4.
The Migration Regulations 1998 regulation 6B provide the professional indemnity
insurance where the registered migration agent should hold amount as a insurance which will
help to protect the clients from every unnecessary financial losses at the time of the visa
processing. The registered migrant agent also notifies every client about the progress in relation
to the visa application process. Therefore, according to the case study, Jeffrey is a migration
agent who has the equal responsibility towards his client to notify about every important matter
along with the copy of the code of conducts. Another requirement is for the migration gent that a
character certificate from the police authority.
3 Code of conduct of Migration Agent regulation 1998
4 Code of conduct of Migration Agent regulation 1998

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The work skilled visa subclass 457 is only applicable for the workers who are obtaining
the work through the sponsorship of the sponsor for an approved business only in Australia. The
visa applicant must have the quality or skills to apply for the position of the nominated sponsor.
The subclass 457 visa is only applicable 4 years where the applicant is allowed with temporary
resident along with the family members to work in Australia. According to the case study,
Josephine is an engineer who can apply for the 4 years of temporary resident in Australia. As per
the visa allowance the applicant can travel in and out of Australia. the applicant can also get
permanent resident in Australia where he or she need to prove a specific reason to stay in
Australia.
Ethical requirements: The applicant of the temporary work subclass 457 visa is need to
fill up a form 1066 which is processed through online accessible. They are also requiring paying
$1080 as minimum charges for the application of the visa subclass 457. There are other
formalities and documents are required for the application is Australian business number,
Australian registered body number and documents which are related with Australian security and
investment Commission. The workers must have the approval by the approved sponsor who has
the license authority by the Department of Immigration and Border Protection.
Some other documents must attach with the visa application which are
qualification certificate, skill assessment which is conducted by a registered organization, health
certificates and educational qualifications. The visa conditions are mentioned in the 8501 and
8107 form for the holders of subclass 457 visa. The visa holders has no right to work any other
place rather than under the sponsored employer because only the licensing authorities has the
right to provide the employment to others. When the visa has expired the mentioned time period
then the visa holders must return to their own country. Before the visa application is made an

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approved employer has to sponsor such application and nominate the applicant for a vacant
position in the business.
The disbursement means a license conveyance cost which is incurred by the solicitor or
lawyer can claim out the general conveyancing work. Every state has fixed a minimum amount
which is charged for the conveyancing work. Disbursements are processed through several
activities which include obtaining government certificates, public authorities, registration of
mortgage property, administrative documents like mailing, attained settlement, photocopying,
pest inspection and strata reports under strata title.
The out of pocket expenses define the amount of money which was paid out of
the individual’s own cash reserves.
Yours sincerely
Question 2
The person who applied for the visa must provide every detail of information which should be
made of true facts and knowledgeable to the migration agent. The agents must not affect with
any kind of misrepresentation of information. According to the migration regulation the person
who is preparing for the visa must provide original documents because the agent will submit
those documents before the department of immigration. According to the section- 101 of the
Migration Act the visa applicants has a mandatory duty that they must produce any false of
misconduct documents which are ethically incorrect as those are need to submit under the
department of immigration and border protection. It has been also found that the section- 109 of

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the Migration Act provide the legislation where the department of immigration and border
protection may reject or cancel the visa application of the visa applicant. Therefore, in the Sec-
48 of the Migration Act stated that if any visa application has been rejected by the department of
immigration and border protection then the visa applicant may not able to apply again for the
visa for a certain time limits. In the case of Trivedi v Minister for Immigration and Border
Protection5 it has been found that the visa application has been cancelled due to the submission
of false and incorrect information but the visa applicant has no knowledge about the incorrect
documents but he is liable for the activity.
Therefore, in such situation the migration agent must work according the rules and
regulation of the migration act with their best interests. The regulation 2.9 of the code of conduct
defines the statement where it is stated that the registration migration agent must not have any
right to submit such visa application which is related with false and incorrect statements.
Therefore it is the duty of the migration agent that they must not encourage the clients about to
produce of the false or incorrect documents in the department of immigration and border
protection.
The regulation 2.9A of the code of conduct also provide the statement where it has been
stated that ay registered migration agent never involve directly or indirectly in any act where
they will not involved in any activities where they mislead the department of immigration and
border protection with at the time of the visa process for the visa applicant because it may not
approved the visa processing.
Here, according to the case study, Josephine has informed Jeffery that she has make a
dispute to payment to Wood Engineering where she has make less payment according to the
5 Trivedi v minister for immigration and border protection 2014 FCAFC 42 (4 April 2014)

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agreement. Therefore, as a migration agent Jacob has duty to stated to Josephine about the
information of cancellation of visa application which has been submitted for not making full
payment in department of immigration and border protection. The incorrect information may be
the reason of cancelling the visa application. Here, if the company does not provide any
information to the department of immigration and border protection then it is the duty of Jacob
that he will inform to department of immigration and border protection about the incorrect
statements which has been submitted in the respect of the application. Therefore she might not
apply for the visa application for a certain time.

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Reference
Australian Migration Legislation Collection July 2017 by Rodger Fernandez et.al
Code of conduct of Migration Agent regulation 1998
Trivedi v minister for immigration and border protection 2014 FCAFC 42 (4 April 2014)