LML6001 Practitioner Legal Skills: Australian Migration Law Analysis

This report provides an analysis of Australian Migration Law, focusing on the duties and responsibilities of migration agents, particularly in relation to subclass 600 visas. It discusses the Migration Agents Regulations Act 1998 and the Code of Conduct, emphasizing the agent's obligation to act in the client's best interests, maintain financial transparency, and avoid false claims. The report also highlights the importance of adhering to Section 314 of the Migration Act 1958, which outlines specific requirements for migration agents. Furthermore, it delves into the specifics of the subclass 600 visa, including its purpose, restrictions, and the necessary application procedures. The conclusion underscores the agent's responsibility to uphold the Code of Conduct, act diligently, and disclose all material facts to the client, ensuring a fair and transparent process.

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

1MIGRATION LAW
Introduction
The factual scenario pertains to subclass 600 visa and deals with the rights and
obligations of a migration agent under the Australian Migration Law. The legislature in Australia
deals with the rights and duties that are needed to be abided by the migration agents. These laws
and regulations govern the roles played by the agents. The Code of Conduct are the guiding
principles for the functions that an agent has to follow1. The Code of Conduct lays down various
rules that mandate the actions of the agent under the migration law. In cases where it is found
that the agent has not performed keeping in mind the interests of the client, the immigration
authority will take all the necessary steps to ensure that the rights of the client are not hampered.
If the client does not perform as per the best interests of the client, it will be heard that the agent
has infringed the act and therefore necessary punitive steps shall be taken against him2. The
provisions of the code of conduct are at par with the requirements of the Migration Regulations
Act 1994 and the line of thinking of the Regulation as well as the Code are similar3. The agent
should not looking for unfair gains and it is his duty to make sure that the requirements and the
needs of the client are met and that the agent has acted as per the requirements of the Code. The
agent is not permitted by law to only look at his profit and unjust enrichment but also has to keep
in mind the client’s requirements.
Discussion
The primary requirement of the Migration Agents Regulations Act 1998 is to ensure that
the agents are functioning fairly and that the agents are equipped enough to act in accordance
1 Ralston, Helen. "Citizenship, identity, agency and resistance among Canadian and Australian women of South
Asian origin." Women, Migration and Citizenship. Routledge, 2016. 197-214.
2 Provenzano, Davide, and Rodolfo Baggio. "The contribution of human migration to tourism: The VFR travel
between the EU 28 member states." International Journal of Tourism Research19.4 (2017): 412-420.
3 Migration Regulations Act, 1994

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with the Regulation and treat the clients with fairness. The Migration Agents Regulations Act
1998, with the provisions of schedule 2 of the Act has tried to systematize the Code of Conduct.
The issues related to migration are very complex and it is always important to keep in mind that
the person is coming from a different country and is seeking advice regarding migration and they
should be treated with primary importance. The agents have to deal with the problems of the
clients and they should not be deprived and they should be given all the necessary information
that is required to resolve their conflict. The migrating agent has to maintain all the requirements
under section 314 of the Migration Act 1958 which are read together with schedule 2 Regulation
8 of the Act4. The migrating agent has to follow a few specific requirements:
 The migration agent has to act in a very liberal fashion and has to uphold the basic
requirements of the client. The agent has to keep the requirements of the client in mind
while giving them any advice. All the problems of the client need to be resolved by the
agent.
 All the requirements of the fees and all other monetary requirements shall be keep with
the agent and he needs to communicate the same to the client. The information with
relation to the finances have to be kept as an official document with the agent. These
documents are of essential financial nature and they have to be kept intact with the
management. In cases of such documents getting misplaced, the agent shall be held
liable.
 The agent has to act very fairly with the client and they cannot make nay false claims
regarding the fees and other required information.
4 Australian Migrations Act, S. 314

3MIGRATION LAW
 There might arise situations when the agent has to delegate the work and he employs
another agent, in such cases, he is expected to behave nicely and he cannot defraud the
agent who has been employed under him.
 The agent is in a bona fide relation with the client and therefore the agent has to act in
good faith with the client.
In the present factual scenario, the facts pertain to the issuance of Class FA subclass 600 visa
that relates to visitor’s visa. The facts point towards the rejection of the application by the
client who has been authorized to deal with the issue5. Therefore while the agent is making
the application, he is duty bound to mention all the necessary facts that are important to the
case. The general provision of subclass 600 visa states that they have the provision to visit
Australia if they are intending it for the purpose of tourism. Though the visa is regarding
tourism, there are some restrictions regarding the same. The authority has the power to reject
the visa of the applicant is seen to be suing the visa for commercial gains or for the purpose
of any service regarding commercial nature. In such regard, the agent has the duty to ask the
client to fill up the details in Form 1419 which is the application for visitor’s visa6. The
financial documents pertaining to his application should be documented and has to be
submitted to the migration authority7. The authorities will apply the character test where they
will check the criminal track record of the client and he is supposed to have a clean past. The
fees is mentioned at $140 AUD and as per the requirements of the Code of Conduct, the
agent has to clarify all the doubts of the client. The agent is all duty bound to ensure privacy
of the client and therefore keep all the documents shared with him confidential8.
5 Essex, Ryan. "Research, the Border Force Act and Healthcare in Australian Immigration Detention Centres." Hum.
Rts. Defender 26 (2017):
6 Özveren, Eyüp. Transnational social spaces: agents, networks and institutions. Routledge, 2017.
7 Clayton, Gina. Textbook on immigration and asylum law. Oxford University Press, 2016.
8 Dauvergne, Catherine. "Making people illegal." Migrants and Rights. Routledge, 2017. 77-94.

4MIGRATION LAW
Conclusion
The agent is responsible to carry out the provisions of the Code of Conduct. The agent has to
keep in mind the best interests of the client and have to function as per the needs of the client.
The agent has to act with diligence and caution so that the clients do not face any difficulty in
mitigating their issues. As per the provisions of the Code of Conduct, the agent has to ensure
that he assures the client regarding all the requirements and has to also disclose all the
material facts pertaining to the application.

5MIGRATION LAW
Bibliography
Australian Migrations Act
Clayton, Gina. Textbook on immigration and asylum law. Oxford University Press, 2016.
Dauvergne, Catherine. "Making people illegal." Migrants and Rights. Routledge, 2017. 77-94.
Essex, Ryan. "Research, the Border Force Act and Healthcare in Australian Immigration
Detention Centres." Hum. Rts. Defender 26 (2017):
Migration Regulations Act, 1994
Özveren, Eyüp. Transnational social spaces: agents, networks and institutions. Routledge, 2017.
Provenzano, Davide, and Rodolfo Baggio. "The contribution of human migration to tourism: The
VFR travel between the EU 28 member states." International Journal of Tourism Research19.4
(2017): 412-420.
Ralston, Helen. "Citizenship, identity, agency and resistance among Canadian and Australian
women of South Asian origin." Women, Migration and Citizenship. Routledge, 2016. 197-214.