Victoria University LML6007 Assignment: Migration Agent Conduct Review

This document provides a detailed solution to an assignment focusing on the conduct of migration agents under Australian migration law. The assignment analyzes a case scenario involving a Registered Migration Agent (Charlie) and his client (Jasmine), addressing potential breaches of the Code of Conduct for Migration Agents. The solution meticulously examines various sections of the Code, including those related to conflicts of interest, vexatious applications, handling of client fees (trust accounts), client contracts, confidentiality of information, provision of consumer guides, access to application copies, statements of services, and escalation of costs. The analysis references key legislative provisions from the Migration Act 1958 and the Migration Agents Regulations 1998, providing a comprehensive understanding of the legal and ethical obligations of migration agents. The document highlights potential violations and suggests appropriate actions Charlie should have taken to remain compliant with the law. This assignment explores the importance of ethical conduct and legal compliance in the field of migration law.

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Australian Migration Law

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Conduct of migration agents
In order to provide a comprehensive solution to Jasmine, Charlie should have sought help of
another Registered Migration Agent in accordance with Section 4.1 of the Code of Conduct
for Migration Agents accordingly. If it is concluded form the facts of the case that there is a
conflict of interests with reference to the lodging of application with regard to the partner visa
as implied from the facts of the case and Charlie comes to know about it, he must not only
refrain from providing of services to the client within fourteen days of such kind of
awareness but also intimate the Department of Immigration within such period of fourteen
days as implied by Section 2.1 A-D of the Code of Conduct for Migration Agents. Any
vexatious application must not be further processed as implied by Section 2.17 of the Code of
Conduct for Migration Agents. Additionally, if the client still wants to proceed with such
kind of application thereby insisting the Registered Migration Agent, then the client must
present it in writing to the Registered Migration Agent in the desired manner. As a result, if it
is observed form the facts of the case that the application of Jasmine is vexatious in nature,
Charlie must stop processing her application. If Jasmine still insists, Charlie must procure an
acknowledgment form Jasmine in a written form in an effective and efficient manner. As
implied by Section 7.1 of the Code of Conduct for Migration Agents, the fees of three
thousand dollars should have been deposited into the trust account of Jasmine being the client
and not in the office account which is created for the modus operandi pertaining to the costs
and outlays for the office in question. Such trust account must be maintained in such a
manner that it is ready for inspection at all times by the Migration Agents Regulation
Authority as far as Section 7.5 of the Code of Conduct for Migration Agents is concerned.
Section 5.2 of the Code of Conduct for Migration Agents implies that an agreement in the
form of Client Contract must be provided to the client prior to the commencement of services
with reference to the lodging and processing of the application. Such a Client Contract must
imply the fees and related costs and the time that would be required with respect to the
completion of the application process accordingly. Such fees should be reasonable in
accordance with Section 5.1 of the Code of Conduct for Migration Agents taking into
consideration the facts and circumstances of the case. As a result, it is to be seen whether
three thousand dollars with regard to the completion and lodging of application for partner
visa is reasonable in nature or not by analysing the merits of the case in an effective and
efficient manner. Section 3.1 of the Code of Conduct for Migration Agents implies that the
information of the client must be confidential. Section 3.2 of the Code of Conduct for
Migration Agents implies that the disclosure of the information of the client must be made
only when consent in a proper and appropriate manner is provided by the client in the desired
manner in a written form. Since it is observed form the facts of the case that Jasmine has got
to know from friends and acquaintances known to Jasmine and her husband Jeffrey that
Charlie is delaying the lodging of her application of partner visa on being instructed by
Jeffrey accordingly. If such aspects are established in a conclusive manner by the virtue of
credible evidence, then Charlie would be acting in breach of confidentiality of information
accordingly. It is also to be seen whether a consumer guide has been provided to Jasmine by
Charlie or not in accordance with Section 3.2 A of the Code of Conduct for Migration Agents

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in the desired manner. If Jasmine wants a copy of her application, it must be provided by
Charlie taking account of Section 3.3 of the Code of Conduct for Migration Agents along
with the charging of the amount which has been disbursed as outlays with reference to the
photocopying of the application in the desired manner. Section 5.5 of the Code of Conduct
for Migration Agents implies that a Statement of Services which implies an invoice
pertaining to the services and fees must be provided to the client in accordance with Section
313 of the Migration Act of 1958 accordingly1. If it is established form the facts and
circumstances of the case that no such Statement of Services has been provided to Jasmine by
Charlie, jasmine is entitled to recover the amount of three thousand dollars paid as fees within
a period of twenty eight days as a result of the decision of the concerned authority which has
to be final. Any action with regard to the escalation of the costs on part of the application of
the client must not be undertaken by the Registered Migration Agent with regard to Section
5.3 of the Code of Conduct for Migration Agents accordingly. Additionally, this section also
implies that the reasonable delays pertaining to the engagement of licensed lawyers must be
briefed to the client by the Registered Migration Agent taking account of the facts and
circumstances of the case accordingly. The Code of Conduct for Migration Agents is
governed by Section 312 of the Migration Act of 19582. It is included in Schedule 2 of the
Migration Agents Regulation of 19983. As a result, it is to be seen whether Charlie has acted
in contravention of such provisions or not since it is implied form the Section 2.3 of the Code
of Conduct for Migration Agents that adequate knowledge of relevant legislation must be
possessed by the Registered Migration Agent in addition to the providing of services to the
client in a timely manner. As per the Section 2.5 of the Code of Conduct for Migration
Agents, the knowledge of such legislation or regulation must be updated by the Registered
Migration Agent on a regular basis.
1 Migration Act 1958 (Cth.) s.313
2 Migration Act 1958 (Cth.) s.312
3 Migration Agents Regulations 1998 (Cth.) sch.1

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Bibliography
Migration Act 1958 (Cth.) s.312
Migration Act 1958 (Cth.) s.313
Migration Agents Regulations 1998 (Cth.) sch.1