Semester 1, 2019: LML6008 Graduate Diploma Migration Law Assignment

This assignment solution addresses a scenario involving a small migration agency and an application for the Class AL subclass 124 Distinguished Talent (Migrant) visa. The document analyzes the refusal of the visa due to lack of internationally recognized achievements, outlining the requirements for the visa, including academic qualifications, nomination, and demonstrating benefit to Australia. It provides a detailed breakdown of the criteria, documentation needed, and ethical considerations for the migration agent. The solution also discusses the responsibilities of the migration agency, the code of conduct, and the consequences of non-compliance, referencing relevant legislation and regulations. The assignment covers the legal and ethical obligations of the agent in assisting the applicant, the required documentation, and the potential recourse for the applicant if the agency fails to fulfill its duties, including the return of fees.

Migration Law

Table of Contents
Question 1..................................................................................................................................2
Question 2..................................................................................................................................2
Question 3..................................................................................................................................3
References..................................................................................................................................4
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Question 1
To: James
From: Principal of a small migration agency
Sub: Significant information on the application made by you for the Class AL subclass 124
The application for the visa was being refused by case officer because he stated that you do
not have an internationally recognized record of outstanding and exceptional achievement in
research and academia. It is important for you to understand Class AL subclass 124 which
will assist to determine rights under this legislation1. The visa allows an individual to work
and study, stay permanently in Australia, sponsor relatives for the permanent resident The
applicant should have an internationally recognized record of outstanding and exceptional
achievement in a profession, in academic or arts, in research and sports. The applicant should
be nominated by a citizen of Australia or New Zealand or an organization of Australia with
the national reputation in relation to the area of talent. The application should be outside the
country when the visa is being granted2. The applicant should have a University sponsorship,
relevant awards or qualification received from the internationally recognized institution and
evidence to prove that he or she is still prominent in the field. The application should be
considered as the asset to Australia, hold good moral conduct, English skills and do not have
outstanding debt. You have to understand and fulfill all the criteria in order to become
eligible for the visa. The processing time is not available because there are less number of
applicants. However, if you are eligible and fulfill all the requirements then you can provide
evidence to prove it.
1 Easy Migrate, "Distinguished Talent Visa (Subclass 124) - Easy Migrate", Easy Migrate (Webpage, 2019)
<https://www.easymigrate.com/visa-types/skilled-visa/distinguished-talent-visas/distinguished-talent-visa-
subclass-124/>.
2 Home Affairs, "Distinguished Talent Visabeta", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-124>.
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Question 2
The file should consist of all the information which will assist to proof that James has an
internationally recognized record of exceptional and outstanding achievement in academia
and research. The areas that need to be focused are as follows:
 The file should consist of all the criteria for ensuring that James has an
internationally recognized record of outstanding and exceptional achievement in
research and academic.
 James should be nominated by a citizen of Australia and New Zealand or an
organization of Australia with well reputation3.
 The file should clearly depict that James was outside Australia in order to get the
visa.
 The file should show the James is still engaged in the academic and research and
considered to be an asset for Australia.
 The file should contain details that James does not have outstanding debts to the
government of Australia.
 The file should show that James is meeting the character and health requirements.
 The file should show James is currently prominent in his field, have superior
abilities in comparison to others4.
 The file should depict that James has a record of achievement that is not likely to
diminish in the future.
 The file should make sure that James participates in the field which is accepted
and recognized in Australia5.
3 Mary E Crock and Laurie Berg, Immigration, Refugees And Forced Migration (Federation Press, 3rd ed, 2011).
4 ISA Migrations, "Distinguished Talent Visa (Subclass 124) Australia From India | Apply For Distinguished
Talent Visa (Subclass 124)", ISA Migrations (Webpage, 2018) <https://www.isamigrations.com/india/skilled-
visa/distinguished-talent-visa/distinguished-talent-visa-subclass-124>.
5 John J Kirton and Jelena Madunic, Global Law (Ashgate, 4th ed, 2009).
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 The file should depict that James has been prominent in the following field in the
past two years.
 The file should ensure that James will provide benefit the community of Australia
in terms of economic, social and cultural.
 The file should show that James is able to support himself and his family
members. James and his family members should meet the health requirements
and also have a good character.
 The file should depict that James has the functional English which is needed to
cope up with all the situations6.
Question 3
The principal of the small migration agency has taken fees for completing the procedure of
providing Class AL subclass 124 Distinguished Talent (Migrant) visa to James. Thus, it is the
responsibility of the agency to provide a visa to James. The code of conduct set out
legislation for the migration agents in order to regulate their conducts. The Migration Agents
Registration Authority is responsible to administer the code7. The code of conduct ensures
that the migrant agent is carrying out its duties appropriately and focusing on the lawful
interests of the client. Thus, the migration agent should act as per the law and legitimate
interests of her or his client. Any conduct not carried out appropriately by the migration agent
then the agent is liable to cancel the registration. In this case, the small migration agency is
facing difficulties in providing the visa to James. Hence, the agency can cancel the
registration and return the fees to James. The registered migration agent should not accept an
individual who has been involved in conflicts of interest8. The application should not be
6 John Vrachnas, Migration And Refugee Law (Cambridge University Press, 3rd ed, 2012).
7 Mara, "Code Of Conduct", Mara.Gov.Au (Webpage, 2017)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.
8 Visa Solutions, "Subclass 124 And 858 Distinguished Talent Visa", Visa Solutions Official (Webpage, 2018)
<https://www.australia-migration.info/subclass-124-858-distinguished-talent-visa/>.
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submitted without specified documentation as per Migration regulations or act. It is the
responsibility of the principal of the small migration agency in informs James about
difficulties faced during the application of the visa. James has the right to cancel and may ask
to refund the fees. The ethical rules and regulations need to be followed by the agency in
order to ensure that the rules and regulations are not being violated. The file should contain
all the documents in order to ensure that James has the internationally recognized record of
exceptional and outstanding achievement in academia and research. The agency should be in
regular contact with James for ensuring that the application is being processed in an
appropriate manner.
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References
Crock, Mary E and Laurie Berg, Immigration, Refugees And Forced Migration (Federation
Press, 3rd ed, 2011)
Kirton, John J and Jelena Madunic, Global Law (Ashgate, 4th ed, 2009)
Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 3rd ed, 2012)
Easy Migrate, "Distinguished Talent Visa (Subclass 124) - Easy Migrate", Easy
Migrate(Webpage, 2019)
<https://www.easymigrate.com/visa-types/skilled-visa/distinguished-talent-visas/
distinguished-talent-visa-subclass-124/>
Home Affairs, "Distinguished Talent Visabeta", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-
124>
ISA Migrations, "Distinguished Talent Visa (Subclass 124) Australia From India | Apply For
Distinguished Talent Visa (Subclass 124)", ISA Migrations (Webpage, 2018)
<https://www.isamigrations.com/india/skilled-visa/distinguished-talent-visa/
distinguished-talent-visa-subclass-124>
Mara, "Code Of Conduct", Mara.Gov.Au (Webpage, 2017)
<https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>
Visa Solutions, "Subclass 124 And 858 Distinguished Talent Visa", Visa Solutions
Official(Webpage, 2018) <https://www.australia-migration.info/subclass-124-858-
distinguished-talent-visa/>
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