Australian Migration Law: Letter of Advice, Code of Conduct and Visa

This report presents a comprehensive letter of advice concerning Australian migration law, specifically addressing the responsibilities and ethical conduct of migration agents. It outlines the importance of adhering to the Code of Conduct as per the Migration Act 1958 and the Migration Agents Regulations 1998, emphasizing the role of the Migration Agents Registration Authority (MARA) in regulating and enforcing these standards. The letter discusses the obligations of migration agents in providing ethical and legally compliant services to clients, including proper handling of visa applications and financial matters. It also examines the Business Talent visa (subclass 132) and its requirements, highlighting the benefits for eligible applicants. The report underscores the consequences of misconduct, such as misuse of position and breaches of the code, and emphasizes the necessity for migration agents to provide accurate and timely information to clients while adhering to all relevant legislation. The report concludes by referencing relevant literature and legal frameworks.

Running head: AUSTRALIAN MIGRATION LAW
Australian Migration Law
Name of the Student
Name of the University
Author note

1AUSTRALIAN MIGRATION LAW
Discussion
Sub: A Comprehensive Letter of Advice
Dear Anna,
This letter is bringing the notice for you about the detail process for obtaining a
registration of migration agent. According to the Code of conducts the Migration Agent 1958
provides those rules for obtaining the Migration Act. As per the migration that it is necessary to
follow all the terms of the migration agent and what according to the appropriate necessity. 8 sets
are special standard under the code of contract which is followed by the migration agent while
they are using their position and applying it in the practicing field. The application of the code of
contacts of migration agents 1958 always provide the services for the applicants who are
migrating their faces and the agents who obtaining the migration registration must provide their
service in a ethical conduct and legally binding ways1.
The Code of Conduct is obtained for monitoring, controlling and regulating the
legislations. The Sec- 314 of the Migration Act and in the Schedule 2, Regulation 8 of the
Migration Agents Regulations 1998 provides the application of the Code of Conducts. Through
the conducting of the Migration Agents Registration Authority (MARA)2 legislations has
regulating the authorities of registration of the Migration. Therefore reach of the Code of
Conduct may apply penalties for the registered Migration Agents. The code of contacts has been
set the regulations for the migration agents for monitoring controlling and regulating their
1 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.
2 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.

2AUSTRALIAN MIGRATION LAW
powers while conducting the visa process for the visa application as per the code of conduct this
process is legislated by the section 314 of the migration Act 1958 which has been mentioned in
the schedule to Regulation Act of the migration agent regulation 1998. The authority of the
migration agent registration authority has set search legislations for following up the duties of the
migration agents and also provides the powers to control the fraudulent agent if they breach the
code of conducts of the migration regulation authority. For breach of contracts of the duty of
migration agents, the migration agent’s registration authority can cancel the registration and
finned with penalties3.
However the Migration agents are requires working in the visa and migrating process
where they helps to the people who are obtaining visa from Migration Agents Registration
Authority (MARA). The part 3 of the migration Act 19584 the section 312 has legislate the
provisions where the migration agents while providing services as per the immigration service
towards the client where they must provide the information about the notification regarding the
visa applications5. Therefore it is also notifying you that as you have already collected your
registration from the migration agent registration authority and also start it to practicing for the
applicant who are migrating the visas, this means you are bound to follow the code of conduct
under the migration Act 1958. In the migration act the section 303(1)6 has been describe the
legislations where the migration agent registration authority has obtained the powers To apply or
take any legal action against the migration agents who failed to satisfy the Ethics of code of
3 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
4 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.
5 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.
6 Boese, Martina, Iain Campbell, Winsome Roberts, and Joo-Cheong Tham. "Temporary migrant nurses in
Australia: Sites and sources of precariousness." The Economic and Labour Relations Review 24, no. 3 (2013): 316-
339.

3AUSTRALIAN MIGRATION LAW
conduct then it may cancel the registration of migration agent7. The code of conducts has been
form as basis of some particular in which helps to make it more perfect to apply which includes:
 It set the particular standard of c conducts for the migration agents.
 The migration agents required to have the ability to work according to the minimum
attributes8.
 It also sets the minimum ability of knowledge for the migration agents about the
migration act, migration regulation and other relevant legislation which are appropriate to
use for migration in Australia.
 It also provides the obligations for the migration agents where they must work with
honesty and diligently towards the clients and other migration agents9.
 They should have the minimum ability to know about the fair terms and proper way of
dealing with the clients according to their issues.
 They must know how to manage and control the issues which helps to establish them a
relationship with the client10.
The code of conduct has formed particular provisions where it describes the accurate
process to contact with migration processing which also important for the migration agent follow
them up. The code of conduct also said the migration process charges for the migration agents as
per their duty to solve the disputes of the clients regarding the migration issues11.
7 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
8 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.
9 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
10 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.
11 Boese, Martina, Iain Campbell, Winsome Roberts, and Joo-Cheong Tham. "Temporary migrant nurses in
Australia: Sites and sources of precariousness." The Economic and Labour Relations Review 24, no. 3 (2013): 316-
339. Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century
Australia. Pathways to public relations: Histories of practice and profession.

4AUSTRALIAN MIGRATION LAW
Now according to the case study Anna got the authority of migration agent from the
migration agent’s authority but while she is practicing such job therefore she is required to
follow all the terms as she is new in such job. As because she has got an offer from a client who
is known for a good reputation therefore she need to work as per the code of conduct for the
details of the processing of migration visa has been mentioned12. However do she has the
migration registration she has misuse the position and breach the terms of code of conduct with
her client she has already taken advanced payment from our client for processing the visa. It has
been mentioned in the code of conduct for the migration agents that they must not intimate with
any misconduct under any manipulation of cultural or ethnic exercise which will establish the
facts against the Ethics of practices. Therefore this has been conducted by heart which may affect
her practices as a migration agent13. The agent policy also helps to conduct with the migration
process and they are also paid for providing the services now the immigration process helps to
provide the financial benefits for them as per their best knowledge is of migration act migration
Regulation and other relevant procedure14. When the applicant I have faces any issues regarding
the migration process and not able to process the migration services then it is the duty for the
migration agent that they will resolve the issues and helps them as per the process of code of
conduct. Migration agents are bound to provide proper service on time which can be written or
provide verbally. It should not hold out any unsubstituted or unjustified aspects which may not
able to provide solution for the clients15.
12
13 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxfor Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social
exclusion. Oxford University Press.d University Press.
14 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.
15Boese, Martina, Iain Campbell, Winsome Roberts, and Joo-Cheong Tham. "Temporary migrant nurses in
Australia: Sites and sources of precariousness." The Economic and Labour Relations Review 24, no. 3 (2013): 316-
339.

5AUSTRALIAN MIGRATION LAW
The code of conduct also set penalties when the migration agent breach the contract with
the clients for any misconduct or miss representation. It is the duty of the migration agents that
they must process the visas as per the issues and the code of conduct16. If it is necessary to
addition for extra circumstances or any modification regarding the visa process therefore they are
also client to provide other necessary documents to the migration agent. The part 3 of the
migration act 1955 section 312 also said the provisions where it has been mentioned that the
applications of the migration visas are bound to provide every documents regarding the financial
issues17.
Sometimes the client who comes to the migration agents wants to terminate the services.
Whereas sometimes they terminate the services due to the financial losses where the migration
agents are require to insurance the service of migration process under the regulation of 6B18. The
migration agents are also put the duties towards their clients where they must provide the details
about the written consent which is required for the process in migration. If they agreed with the
offer then they should have a copy of the consumer services and make a record for the process.
The other possible details are also must collect by the migration agent. They are also bound to
the duties where they are not allowed to disclose any details about dear client’s information who
are conducting the immigration services. It also necessary for the migration agent to ask about
proper charges which are not affects the client’s financial condition19.
16 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
17 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.
18
19 Bo Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.ese, Martina, Iain Campbell, Winsome Roberts, and Joo-Cheong Tham. "Temporary migrant nurses
in Australia: Sites and sources of precariousness." The Economic and Labour Relations Review 24, no. 3 (2013):
316-339.

6AUSTRALIAN MIGRATION LAW
According to the Business Talent visa class EA subclass 13220 it provides the permanent
residency for the people who are under age of 55 and have excellent commercial background and
who are high net worth people. under this application the applicant can able to settle in a
particular Territory or State of Australia for setting up a business and which also makes
exceptional economic advantages to that particular Territory of that state then this visa will give
the opportunity for those visa candidates who want to Grab the opportunity21.
As per the expression of Interest the applicant can apply through online visa and
immigration facilities22. It provides the two different types of visa stream which includes Venture
Capital Entrepreneurs Stream and the Significant Business History Stream. The significant
business history stream provides the authority for the prosperous owners all the part where they
are interested to maintain key management role in that existing business23. In the other hand the
venture capital entrepreneurs streams provide search significance where the applicant receives at
least Aud1 million in funding from any Australian venture capital group and able to submit the
UAE nomination from Australia Territory or State Administrative24.
There are some major benefits for the applicant who got the permanent Business Talent
visa class EA subclass 132 where they can set up a new or build up a business and also allow the
family members to stay with them in Australia stream is a visa where the applicant will have an
20 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.
21 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
22 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.
23 Boese, Martina, Iain Campbell, Winsome Roberts, and Joo-Cheong Tham. "Temporary migrant nurses in
Australia: Sites and sources of precariousness." The Economic and Labour Relations Review 24, no. 3 (2013): 316-
339.
24 Boese, Martina, Iain Campbell, Winsome Roberts, and Joo-Cheong Tham. "Temporary migrant nurses in
Australia: Sites and sources of precariousness." The Economic and Labour Relations Review 24, no. 3 (2013): 316-
339.

7AUSTRALIAN MIGRATION LAW
indefinite period of residency and along with the business purposes25. That person can apply for a
job and pursue the studies under this visa application there also register for Medicare the Nations
popular program for health associated care and expenses in Australia as being the citizen of
Australia they can file a petition and the other family members are also entitled to offered the
permanent residence26.
Accordion to the above information you are requested to process on the visa application.
Therefore it is necessary for the migration agent to follow up all the information and must
process on the visa application according to the code of conducts and migration Act 1958.
Thank You
25 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
26 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.

8AUSTRALIAN MIGRATION LAW
Reference
Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and
social exclusion. Oxford University Press.
Boese, Martina, Iain Campbell, Winsome Roberts, and Joo-Cheong Tham. "Temporary migrant
nurses in Australia: Sites and sources of precariousness." The Economic and Labour Relations
Review 24, no. 3 (2013): 316-339.
Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S.,
Kasparek, B., Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and
borders. Cultural Studies, 29(1), pp.55-87.
Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-
century Australia. Pathways to public relations: Histories of practice and profession.
Dowd, A.C., Pak, J.H. and Bensimon, E.M., 2013. The role of institutional agents in promoting
transfer access. Education Policy Analysis Archives/Archivos Analíticos de Políticas Educativas,
21.
Fitzgerald, J., Leblang, D. and Teets, J.C., 2014. Defying the law of gravity: The political
economy of international migration. World Politics, 66(3), pp.406-445.
Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective.
Stanford University Press.
Leong, S., 2015. 10 Provisional Business Migrants to Western Australia, Social Media, and
Conditional Belonging. Media and Communication in the Chinese Diaspora: Rethinking
Transnationalism, 44, p.184.

9AUSTRALIAN MIGRATION LAW
Migration Act 1958
Smith, D., Payne, D., Horne, M. and Claridge, D., 2016. Developments in Australian migration.
Canadian Studies in Population, 43(1-2), pp.117-145.