Compliance & Ethics: A Report on Migration Agents' Code of Conduct

This report critically examines the ethical conduct of a migration agent, Jonathan, in relation to a client, Eric, seeking a subclass 188 visa. It assesses Jonathan's adherence to the 2017 Code of Conduct, focusing on whether he properly advised Eric about the visa qualifications, the appropriateness of prioritizing commission, and the ethical implications of withholding information about the failed application. The report highlights breaches related to advising clients, communicating application progress, managing fees, and handling potential conflicts of interest. It also addresses the ethical responsibilities and supervision of office staff. The analysis emphasizes the importance of transparency, client communication, and adherence to the Code of Conduct for registered migration agents, suggesting the client is entitled to a refund due to the agent's misconduct and failure to provide adequate service. This report will be published on Desklib, a platform which provides all the necessary AI based study tools for students.

Migration Agents 1
Code of conduct
Name
Affiliation
Instructor
Date

Migration Agents 2
Code of Conduct
It is mandatory for a registered migration agent to adhere to the 2017 Code of
conduct. This mainly guides them in the line of duty especially in relation to how to handle
clients and any issue surrounding immigration and migration. In the case presented by
Jonathan, the main issue that arises is whether he informed Erick about the qualifications
that one needs to get a subclass 188 visa. Secondly, is it right for Jonathan to concentrate on
getting a 1.2% commission from his clients as a priority before the visa application goes
through? Thirdly, does Jackson behave in an ethical way by not informing Eric about the
failed application? In as much as he has offered a service, is he entitled to ask for the
outstanding fees from his client? These are some of the ethical considerations that will be
expounded here.
To start with, a registered migration agent has a duty of advising his client about the
probability of getting a visa. This is stipulated under Part 2 Section 2.2 of the Code of
Conduct. This section states that the agent must provide advice through writing and within a
reasonable time. Also, oral advice can be given and in doing so, chances of failure or success
have to be communicated promptly1. Jonathan has experience in making applications for
clients applying for the Class EB Business Skills. He was therefore well informed on whether
Eric was qualified to get the Visa or not. According to the Australian Government
Department of Affairs, on is deemed to qualify for Business Innovation and Investment
(Provisional) visa (subclass 188) if he or she is nominated by a government organization that
is eligible, has an invitation to make a visa application, has an experience in operating and
1 Wells, L., 2017. No longer a'migration agent': Reforms to the regulation of lawyers practising in
immigration law. Brief, 44(9), p.25.

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owning a business innovation stream, has a minimum of 1.52 million Australian Dollars for
investment in the Investor Stream, has 5 million Australian Dollars to invest in the Significant
Investor stream or has a minimum of 15 million Australian Dollars to invest in a premium
investor stream. By meeting these standards and requirements, one is entitled to this Visa
depending on the stream that one applies. It is clear that Jonathan did not advice Eric on
these qualifications.
In respect to Part 2 Section 2.8 (c), an immigration agent has the duty of informing
his client about the progress of the Visa application. This is alongside the outcome of the
application, within a reasonable time. Jonathan Clearly failed to follow up on the application
until when Eric received the disheartening news of the failed application from Home Affairs3.
The issue of having a non-complying investment should have been avoided in the first
instance when considering the qualifications for such a visa.
A visa application process demands the use of a lot of fees for the entire process.
Part 2 Section 2.20 of the Code of Conduct states that registered migration agents should
allocate correct amounts for visa applications especially in terms of charges and fees. This is
supported by the Migration Act. As such, the client should be furnished with a written
advice detailing the number of fees and charges he needs to pay.4 A date for payments has
to be also given in writing. It is prudent to adhere to ethics too when asking for payments5.
2 Underhill, E. and Rimmer, M., 2017. Private governance, state regulation and employment
standards: how political factors shape their nexus in Australian horticulture. Relations Industrielles/Industrial
Relations, 72(1), pp.33-55.
3 Grimmer, L., 2018. The diminished stakeholder: Examining the relationship between suppliers and
supermarkets in the Australian grocery industry. Journal of Consumer Behaviour, 17(1), pp.e13-e20.
4 Silove, D. and Mares, S., 2018. The mental health of asylum seekers in Australia and the role of
psychiatrists. BJPsych International, 15(3), pp.65-68.
5 Healy, K., 2018. Will she be right, mate? Standards and diversity in Australian social
work. Transnational Social Work: Opportunities and Challenges of a Global Profession, p.205.

Migration Agents 4
Migration agents are supposed to offer a service before misusing funds provided by the
client. This leads to the determination of what should be done in case the application is not
successful. In a situation where an agent notifies the client that he does not qualify for the
visa, a contract should not be entered into.
Migration agents must always be available during work hours. This enables clients to
reach them and make inquiries. Part 3 of the Code of Conduct sets out the type of
obligations that migration agents have. Section 3.1 provides for the need for confidentiality
so that a client’s business is not exposed. In section 3.5, changes to addresses, telephone
numbers, or any communication details have to be presented to a client. In this case,
Jonathan could not be reached by Eric, until when he called his office.
Upon failing to get a Visa, Eric is entitled to a refund especially on the 1.2%
commission that may have been awarded to Jonathan by the bank as a commission. In the
first instance, this raises a conflict of interest. It is not right to manipulate clients by advising
them to deposit funds in certain banks, with the hidden agenda of receiving a commission
from the money. Part 5 section 5.5 covers for the client who may have paid fees or given a
reward so that he can obtain a service. In this regard, refunds should be made.
It is better for Eric to look for a different agent who can guide him on the entire
prices of applying for a visa. Jonathan’s action demanding for $2,600 is uncalled for
especially after failing to secure a visa for Eric. He can neither claim a lien because Eric can
cancel the contract at any time and look for a new agent6. Jonathan has a financial duty of
ensuring that all actions and processes are completed successfully as provided for under
Part 7 section 7.2, (a). It is also paramount for an agent to give a conditional refund in
6 Piper, D., 2018. Kelly's northern summer migration. Australia's Paydirt, 1(262), p.56.

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situations where applications are not successful or where a client may not be happy with
the serviced he is receiving. Section 7.6 gives a client the opportunity to seek for redress if
the contract provides for a conditional refund7.
Breaches done By Jonathan’s Assistant.
According to the Code of Conduct section 2.10, an office assistant, secretary or any
other employee who is not a registered agent should not inform a client about other duties
that an agent has. This leads to the realization of conflict of interest. Similarly, the assistant
is not a registered agent and as such, he or she should not give advice or assistance to any
client, (Section 8.1) in section 8.2, a registered agent must supervise his employees. In this
situation, the assistant did not work under any form of supervision.
In a nutshell, registered migration agents should be willing to share all conditions to
clients so that they can have an amicable work relation. It is better if clients also know some
steps and procedure of the entire processes so that conflicts are prevented. As such, an
agent has a duty according to section 11.1 to provide copies of the Code of Conduct t
clients, display them on the wall, make them available at the waiting room or provide the
Code via mail8.
7 Koslowski, R., 2017. Think mobility instead of migration: Leveraging visitors, tourists and students for
more international cooperation. Colum. J. Transnat'l L., 56, p.263.
8 Chen, W., Hall, B.J., Ling, L. and Renzaho, A.M., 2017. Pre-migration and post-migration factors
associated with mental health in humanitarian migrants in Australia and the moderation effect of post-
migration stressors: findings from the first wave data of the BNLA cohort study. The Lancet Psychiatry, 4(3),
pp.218-229.

Migration Agents 6
References
Chen, W., Hall, B.J., Ling, L. and Renzaho, A.M., 2017. Pre-migration and post-migration
factors associated with mental health in humanitarian migrants in Australia and the

Migration Agents 7
moderation effect of post-migration stressors: findings from the first wave data of
the BNLA cohort study. The Lancet Psychiatry, 4(3), pp.218-229.
Grimmer, L., 2018. The diminished stakeholder: Examining the relationship between
suppliers and supermarkets in the Australian grocery industry. Journal of Consumer
Behaviour, 17(1), pp.e13-e20.
Healy, K., 2018. Will she be right, mate? Standards and diversity in Australian social
work. Transnational Social Work: Opportunities and Challenges of a Global
Profession, p.205.
Koslowski, R., 2017. Think mobility instead of migration: Leveraging visitors, tourists and
students for more international cooperation. Colum. J. Transnat'l L., 56, p.263.
Piper, D., 2018. Kelly's northern summer migration. Australia's Paydirt, 1(262), p.56.
Silove, D. and Mares, S., 2018. The mental health of asylum seekers in Australia and the role
of psychiatrists. BJPsych International, 15(3), pp.65-68.
Underhill, E. and Rimmer, M., 2017. Private governance, state regulation and employment
standards: how political factors shape their nexus in Australian
horticulture. Relations Industrielles/Industrial Relations, 72(1), pp.33-55.
Wells, L., 2017. No longer a'migration agent': Reforms to the regulation of lawyers practising
in immigration law. Brief, 44(9), p.25.