Graduate Diploma Migration Law: Agent Obligations Report

This report examines the obligations of registered migration agents in Australia, as defined by the Migration Act 1958 and the Migration Agents Regulations 1998. It focuses on the agent's responsibilities to the Department of Home Affairs, clients, and the importance of providing accurate information. The report analyzes two specific visa types: the Partner (temporary) visa and the Distinguished Talent visa, discussing the agent's duties when faced with changes in client circumstances or potentially unfounded applications. It emphasizes the need for honesty, due diligence, and adherence to the Code of Conduct to avoid misleading the Department or providing false hope to clients. The report concludes with a reminder of the agent's duty to inform the Department of changes and to ensure that applications are well-founded, ethical, and aligned with the regulations, including fee considerations.

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

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Table of Contents
Introduction................................................................................................................................2
Discussion..................................................................................................................................2
Rule........................................................................................................................................2
Application.............................................................................................................................4
Partner (temporary) visa....................................................................................................4
Distinguished Talent visa...................................................................................................4
Conclusion..................................................................................................................................5
Bibliography...............................................................................................................................6

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Introduction
In Australia, a registered migrant agent has the right and authority to advise people on
matters related to migrating to Australia, as per the provisions of the migration laws. The
migration agent is required to serve anyone who approaches him for expert advice on matters
related to migration as well as for filing a visa application with the Department of Home
Affairs (the Department) under the Government of Australia. The Migration Act 1958, a
federal legislation assists matters related to migration in Australia, which also lives down that
the migration agents shall be bound by a Code of Conduct under Section 3141. The code of
conduct for the migration agents could be found under Schedule 2 of the Migration Agents
Regulations 1998 (Cth). This code of conduct lays down the obligations of the registered
migration agent towards his clients, employees and the Department. In the given case study,
the obligation of a newly registered migration agent needs to be determined under the
Migration Agents Regulations 19982.
Discussion
Rule
According to the Code of Conduct, migration agent is required to furnish authentic
information to the Department in regards to the visa application of his clients. The migration
agent is also required to furnish information pertaining to anything change in situation or
status of his client after a visa application has been made before the Department. Such
information would help the Department to take rightful decision towards a particular case,
and the decision taken by the Department shall be regarded as the final decision for the
particular case. A migration agent is expected not to collude with his client in order to
1 Migration Act 1958 (Cth), s 314.
2 Migration Agents Regulations 1998 (Cth), Schedule 2.

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manipulate, mislead or deceive the Department for procuring a particular decision in favour
of his client3. Although it is the duty of the agent to maintain confidentiality of his clients by
keeping his privacy intact, however it should not be at the cost of misleading the Department
and infringing the migration laws4. It is an obligation for the migration agent to furnish all
necessary information to the Department so that a thorough investigation and assessment
could be run against the visa application of the applicant along with checking the restrictive
conditions attached to the particular visas, as stated in Part 2.19 of Schedule 2 of the
Migration Agents Regulations 19985.
It is an obligation of the migration agent to lay down honest review of a visa
application to the clients and to avoid giving unreasonable hope regarding the acceptance of
an application by the Department6. The agent shall not provide false hope to his client
regarding procurement of a favourable decision pertaining to a visa application. In case of a
vexatious or grossly unfounded application, the migration agent is required not to encourage
is client to file such application as per Part 2.17 of Schedule 2 of the Migration Agents
Regulations 1998. Although the migration agents do not have a fixed scale of fees however it
is suggested that they do not charge unreasonably7. In addition, a migration agent is supposed
to provide a document called Agreement for Service and Fees to the client which would
consist of the details of the charges of the service rendered by the agent8.
3 Migration Agents Regulations 1998, Schedule 2, part 2.9A.
4 Migration Agents Regulations 1998, Schedule 2, part 3.1.
5 Migration Agents Regulations 1998, Schedule 2, part 2.19.
6 Migration Agents Regulations 1998, Schedule 2, part 2.7.
7 Migration Agents Regulations 1998, Schedule 2, part 5.1.
8 Migration Agents Regulations 1998, Schedule 2, part 5.2.

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Application
Partner (temporary) visa
In this case, the registered migration agent was informed about the breakdown of the
relationship between the couple, who had approached him for a Partner class UK/BS subclass
820/801 visa application, which is the temporary partner visa application. Here, it is the duty
of the agent to intimate the Department about the change in situation of the relationship status
of his client who you had applied for a partner (temporary) visa before the Department. As
per the guidelines held by the Department of Home Affairs, a partner visa application by
applicants whose relationship has broke down still accepted under certain conditions9.
However in such change of situation of the relationship status of an applicant, it is the duty of
the agent to furnish such information to the Department. It is then upon the discretion of the
Department whether to allow the applicant to file for a fresh visa or to leave Australia10. In
case a registered migration agent just not furnishes information of such change in situation of
the applicant, he shall be subject to penalty which can amounts to the cancellation of the
registration of the agent.
Distinguished Talent visa
Distinguished talent visa application is a sensitive and a selective visa application that
requires assessment and examination of minute details of the information provided by the
applicant, there by checking whether such information given by the applicant is genuine or
not. Distinguished talent visa is only granted two people who could claim that they possess an
internationally recognised the record of exceptional and outstanding achievement in the field
of profession, sport, art, academia and research11. Therefore it is extremely necessary for the
9 "Subclass 820 Partner (Temporary) Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820#Eligibility>.
10 Your Relationship Has Ended", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/change-in-situation/relationship-ended>.
11 "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>.

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migration agent to check all the information furnished by the applicant, thereby checking
whether such application is grossly unfounded or vexatious. The registered migration agent is
only supposed to encourage the applicant when he could see that such application has a
positive merit and a hope of success before the Department, as otherwise it would just be a
waste of time and money of the client which the agent is restricted from wasting by the
provisions of the Migration Agents Regulations 1998. In this regard, the migration agent must
check with other fellow agents in regard to the amount of fees that she had asked from the
applicant of the distinguished talent visa application, as although they do not have a fixed
scale of fee yet they should not charge unreasonably.
Conclusion
Therefore the registered migration agent must intimate the Department of home
affairs regarding the changing situation of the relationship status of his client who filed for an
application of partner (temporary) visa subclass 820. As for the distinguished talent visa, the
agent must check and confirm whether the applicant is eligible to apply for the particular
subclass visa, if not then the agent must not encourage the applicants to move forward and
also return the payment without delay.

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Bibliography
Legislation
Migration Act 1958 (Cth)
Migration Agents Regulations 1998 (Cth)
Official Website
"Subclass 820 Partner (Temporary) Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-
820#Eligibility>
"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