Graduate Diploma in Migration Law: Agent's Obligations Analysis

This report examines the obligations of a newly registered migration agent under the Migration Agents Regulations 1998 (Cth), focusing on the responsibilities related to partner visas (subclass 820/801) and distinguished talent visas (subclass 858). The report highlights the agent's duty to adhere to the Code of Conduct, provide accurate information, and maintain client confidentiality while complying with the Migration Act 1958. In the case of a partner visa, the agent must inform the Department of Home Affairs of any changes in the applicants' relationship status. For the distinguished talent visa, the agent must thoroughly assess the applicant's documents and ensure the application is not vexatious. The report emphasizes the importance of professionalism, avoiding false promises, and providing reasonable advice. The conclusion summarizes the agent's responsibilities in both scenarios, referencing relevant legislation and government websites. This report is designed to provide a comprehensive understanding of the legal and ethical considerations for migration agents in Australia.

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

1MIGRATION LAW
Issue
The issue is to determine the obligations of the newly registered migration agent
under the Migration Agents Regulations 1998 (Cth).
Rule
A registered migration agent in Australia has the authority to give advice to his clients
on the matters of migration to Australia. A person needs to complete a course in Australian
Migration Law and practice and get registered himself with the Migration Agents
Registration Authority (MARA) in order to be an authorised registered migration agent1. A
registered agent is supposed to act in favour of his client along with adhering to the
professional standards, regulations and code of conduct held under the Migration Act 1958
and the Migration Agents Regulations 1998. Section 314 of the Migration Act 1958 states
that there shall be a Code of Conduct for the migration agents prescribed under Schedule 2, of
the Migration Agents Regulations 19982.
Partner visa
As per the Code of Conduct held under Schedule 2 of the Migration Agents
Regulations 1998, the registered migration agent shall have a number of duties and
obligations towards his clients and also towards the Department of Home Affairs of the
Australia Government with regard to furnishing the right information for the Department to
process the applicant’s visa application3. It is the Department of Home Affairs that takes the
final decision regarding the visa applications and therefore it is required that's the registered
migration agents furnish correct and authentic information in the application form of the visa
applicants and must also inform the Department about the sudden changes of status or
1 "Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au (Webpage, 2019)
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/>.
2 Migration Act 1958, s 314; Migration Agents Regulations 1998, Schedule 2
3 Migration Agents Regulations 1998, Schedule 2

2MIGRATION LAW
situation of the applicants. As per the provisions of Migration Agents Regulations 1998, a
agent must not collude with the client pertaining to the client’s visa application thereby
providing incorrect information to the Authority and misleading or deceiving the Authority
by withholding relevant information4. Part 2.19 of Schedule 2 of the Migration Agents
Regulations 1998 states that a registered migration agent has a duty to provide sufficient
relevant information to the Department so that it could run an assessment of the information
provided by the applicant against the visa conditions and criteria. A registered agent must
oblige to preserve the privacy of his client by maintaining confidentiality5. However such
confidentiality must not infringe the rules and regulations of the migration laws.
Distinguished Talent visa
The registered migration agent must show his professionalism through his actions and
advice given to his clients by reflecting a sound knowledge of the relevant legislations like
Migration Act and Migration Regulations6. A registered agent must not provide unjustified or
unreasonable prospect of success to his client regarding his visa application before the
Department7. The registered agents must not portray to his client that he could procure a
favourable decision for the client by manipulating the Authority8. Part 2.17 of Schedule 2 of
the Migration Agents Regulations 1998 holds the view that an agent must not influence his
client to file an application in case he finds that the client’s application is vexatious or grossly
unfounded. The legislations of migration law do not fix any statutory scale of fees for the
agents however migration agent must not charge a fee which is unreasonable for the
circumstances of the case9. The registered agent must provide an Agreement for Services and
Fees which is a written confirmation document which would include the specific service
4 Migration Agents Regulations 1998, Schedule 2, part 2.9A.
5 Migration Agents Regulations 1998, Schedule 2, part 3.1.
6 Migration Agents Regulations 1998, Schedule 2, part 2.3.
7 Migration Agents Regulations 1998, Schedule 2, part 2.7.
8 Migration Agents Regulations 1998, Schedule 2, part 2.14A.
9 Migration Agents Regulations 1998, Schedule 2, part 5.1.

3MIGRATION LAW
which is to be provided by the agent along with the fees for the services rendered and a
breakup of all the charges10.
Application
Partner visa
In the given case, the newly registered migration agent had lodged 7 student
(Temporary) Class TU subclass 500 visa applications successfully along with one Partner
Class UK/BS subclass 820/801 visa application. After lodging an application of the Partner
visa, the agent was told that the relationship of the applicants have ended and they do not
wish to inform it to the Department of Home Affairs yet would like to continue with the visa
application. Sure the ages must follow his code of conduct held under the Migration Agents
Regulation 1998 and must inform the department about the ‘change in situation' of his client.
The department under Partner visa (temporary) subclass 820 still allows a partner visa
application even if the relationship between the applicants have broke down11. However, it is
the obligation of the migration agent to let the Department know about the change in situation
of his clients and thereby do as directed by the Department. In case of a change in situation of
the applicant, the Department direct the applicants either to apply for a new visa or to arrange
for leaving Australia. It would be a breach of code of conduct for the agent in case he fails to
furnish the information pertaining to the change in situation of his client to the Department
and therefore shall be open to penalty or even be subjected to cancellation of his registration
number.
Distinguished Talent visa
10 Migration Agents Regulations 1998, Schedule 2, part 5.2, clause c.
11 "Your Relationship Has Ended", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/change-in-situation/relationship-ended>.

4MIGRATION LAW
As for lodging the application of the Distinguished Talent visa subclass 858, the agent
must minutely check the documents of the applicant and enquire whether the information
furnished by the applicant is true and genuine. A distinguished talent visa is a selective visa
which is only granted to people who have an international recognition and record of
outstanding and exceptional achievement in the area of profession, sport, art or academia and
research12. Therefore, in this case the agent must check minute details of all the documents of
his client and see whether the application is vexatious or grossly unfounded. In case there is
no hope for the application, the agent must inform the same to his client and must ensure that
he returns the payment made by his client. The agent must not give false hope to his client for
procuring the Distinguished Talent visa from the Department if it has no hope of acceptance.
Conclusion
Therefore, in case of the partner visa, the agent shall be liable to inform about the end
of the relationship between his clients to the Department. While for the distinguished talent
visa, the agent is required to check all the documents properly before lodging the application
before the Department along with adhering to the Migration Act 1958 and Migration Agents
Regulations 1998.
12 "Subclass 858 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-858#Overview>.

5MIGRATION LAW
Bibliography
Legislation
Migration Act 1958 (Cth)
Migration Agents Regulations 1998 (Cth)
Government Website
"Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au
(Webpage, 2019) <https://www.mara.gov.au/becoming-an-agent/professional-standards-and-
obligations/code-of-conduct/>
"Subclass 858 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-
858#Overview
"Your Relationship Has Ended", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/change-in-situation/relationship-ended