Migration Law Case Study: Agent's Obligations in Partner Visa Cases

This case study analyzes the obligations of registered migration agents under Australian migration law, specifically focusing on two scenarios. The first scenario examines the agent's responsibility when a partner visa applicant's relationship ends, requiring the agent to disclose this information to the Department of Home Affairs, as per the Migration Agents Regulations. The second scenario addresses the agent's duties concerning a distinguished talent visa application, including maintaining client confidentiality, providing consumer guides, informing clients of their rights, and maintaining proper records. The study references the Migration Agents Regulations 1988 (Cth) to highlight the legal and ethical responsibilities of migration agents in both situations, emphasizing the importance of transparency, adherence to regulations, and client service.

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

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Issue 1
Whether there is any obligation of the registered migration agent regarding the
relationship ending of the Partner Visa Applicant.
Rule
In part 2.9A of the Migration Agents Regulations1, it has been stated that in the
communication with the authority or to provide information, any registered migration agent
should not deceive or mislead the authority either directly or by way of withholding information
that are relevant. Part 2.19 of the Migration Agents Regulations2, states, that any registered
migration agent has the duty of providing relevant information that is sufficient to the migration
department or to the review authority for the purpose of allowing the full assessment of the
relevant criteria facts.
Application
In this given scenario, application has been made for a Partner Class Visa but later
it was informed that such relationship has been ended and they are not wishing to give such
information to the Department of Home Affairs. In this circumstance, the registered migration
agent has the obligation under part 2.9A of the Migration Agents Regulations3, which states of
making communication or providing of information to authority in such a manner as it would not
be deceiving or misleading the authority either directly or by way of withholding the information
1 P. 2.9A of Migration Agents Regulations 1988 (Cth)
2 P. 2.19 of Migration Agents Regulations 1988 (Cth)
3 P. 2.9A of Migration Agents Regulations 1988 (Cth)

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that is relevant. The registered migration agent also has some code of conducts laid down in Part
2.19 of the Migration Agents Regulations4, which states that any registered migration agent must
provide relevant information which is sufficient to the migration department or to the review
authority for the purpose of allowing the full assessment of relevant criteria facts. Thus the
information related to the ending of the relationship of the client who has applied for Partner
Class Visa application, must be provided to the Migration Department or the Review authority or
to any concerned authority by the registered migration agent.
Conclusion
Therefore, it can be concluded that, the registered migration agent has the obligation of
providing information to the Migration Department or to the Review Authority or to any
concerned authority regarding the ending of the relationship of the client who applied for the
Partner Class Visa application.
Issue 2
Whether the registered migration agent has any kind of obligation regarding the
application of the distinguished talent visa.
Rule
Any registered migration agent needs to perform the following obligations under Part 3
of the Migration Agents regulations5, which are:
4 P. 2.19 of Migration Agents Regulations 1988 (Cth)
5 P. 3 of Migration Agents Regulations 1988 (Cth)

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 Any registered migration agent has the duty of preserving confidentiality of the
clients.
 Any registered migration agent should avoid disclosing, or allow the disclosure of
any information of the client or regarding the business of the client, that is
confidential without such client’s consent in written form, until and unless the law
requires to do such.
 Any registered migration agent should after agreeing to work for the client,
provide a consumer guide copy and must also making of a record regarding the
copy being provided.
 A registered migration agent has the duty of informing the clients of their
entitlement to the receiving of application copies under the Migration Regulations
or the Migration Act or of any copies of related documents required by them on
paying a reasonable charge.
 A registered migration agent should have any address and a working telephone
number.
Under part 6 of the Migration Agents Regulations6, a registered migration agent must be
keeping and maintaining a proper record which need to be available for the inspection on
the authority’s request.
Under Part 11 of the Migration Agents Regulations7, a registered migration agent has the
obligation of making the clients aware of the code, that says:
6 P. 6 of Migration Agents Regulations 1988 (Cth)
7 P. 11 of Migration Agents Regulations 1988 (Cth)

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 A registered migration agent needs the displaying prominently at least one copy
of the code in any area that is the agent’s business place or where business is
conducted by the agent with the clients or which is used by the clients.
 A registered migration agent must provide the agent one copy of the code on
being asked.
 All the contracts entered by the client and the agent must include statements
regarding the code’s purpose and existence.
 Any registered agent who is having an internet website should provide the copy of
the code’s link which is displayed in the website of the authority.
Application
In this given scenario, the registered migration agent has agreed of assisting a client with
the application of a distinguished talent visa in consideration of a $6,000 fees plus the
disbursement. The registered migration agent would have certain obligations under part 3 of the
Migration Agents Regulations8, which are that they must not disclose any confidential
information of the client or the client’s business without the written consent of the client, until
and unless the law requires such disclosure, a consumer guide copy must be provided to the
client and the same must be recorded and the clients must be informed by the agents of their
entitlement of receiving the copies and they must have an address and a working telephone
number. Under part 6 of the Migration Agents Regulations9, a registered migration agent must be
keeping and maintaining the proper record which needs to be available for the inspection on the
authority’s request. Under part 11 of the Migration Agents Regulations10, any registered
8 P. 3 of Migration Agents Regulations 1988 (Cth)
9 P. 6 of Migration Agents Regulations 1988 (Cth)
10 P. 11 of Migration Agents Regulations 1988 (Cth)

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migration agent need to keep a copy of the code in such a manner which may be visible to the
clients and on asking by the clients the agent need to be able in providing at least one copy of the
code; the agreement between the client and the agent must include statements regarding the
purpose and existence of the code.
Conclusion
Therefore, it can be concluded that any registered migration agent must have certain
obligations regarding their works under the Migration Agents Regulations.

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Reference
Migration Agents Regulations 1988 (Cth)