Victoria University LML6007: Migration Agent Code of Conduct Case

This case study delves into a scenario where a migration agent, Charlie Yamazaki, faces ethical dilemmas due to the demanding nature of his client, Jasmine, and her expectations regarding her husband's visa application. The analysis focuses on Charlie's responsibilities under the Migration Agents Code of Conduct, particularly concerning conflicts of interest, client welfare, and proper handling of fees. The study emphasizes the importance of adhering to the Code's principles, including maintaining professional knowledge, avoiding guarantees of success, preserving client confidentiality, and depositing fees into a trust account. It further explores the actions Charlie should have taken to fulfill his obligations, such as addressing potential conflicts of interest and ensuring transparent communication with his client. The case study references relevant legislation, including the Migration Act and Regulations, as well as scholarly articles on migration and agent conduct.

In this case, the issue is that Jasmine is a client of Charlie Yamazaki, who has recently registered
as a migration agent. Jasmine believes that Charlie is acting in the best interests of her husband
Jeffrey. From the very beginning, Jasmine had been very interested and demanding towards
Charlie. Under the circumstances, Charlie had only collected a fee of $3000 along with the visa
application fee and a completed application for partner visa and lodged it with the Department.
Under the circumstances, the issue arises how should have Charlie behaved, particularly in view
of the requirements that have been prescribed by the Code of Conduct. It also needs to be seen
how the matter could have been handled otherwise.
In case of such circumstances, it is provided by the Code of Conduct that the principles of
professional conduct require that the registered agent should always act according to law and
keeping in view the sincere welfare of the client. At the same time, the agent is required to deal
with the client diligently, fairly and competently. It is also provided in this regard that agent
should not accept any person has a client if the following conflict of interest is present between
the agent and such person.1
(a) The agent had earlier transactions with the person or aims to assess the person, in the capacity
of the agent as marriage celebrant; or
(b) Any other interest exists on part of the agent that is going to impact the genuine wellbeing of
the client.
1 Justine Greenwood, "The Migrant Follows The Tourist: Australian Immigration Publicity After The Second World
War" (2014) 11(3) History Australia.

In case it turn out to be clear that there is a conflict of interest present on part of the agent
concerning a client, it is required that the instant practicable, keeping in view the needs of the
client but in any case within 14 days, the agent should notify the customer regarding the presence
of such conflict of interest and advise the client that according to the court the agent is no longer
in a position to act for the client and similarly the agent should also advise the client regarding
the appointment of alternative agent.2 Therefore in such a case the agent should cease to deal
with the client in his capacity as the registered migration agent. In such a case, Part 10 of the
Code of Conduct will be applicable as if the client had terminated the instructions given to the
agent. It is also required by paragraph 2.1B(d) that as soon as practicable. But within 14 days, the
agent should notify the department that he is not working for the client anymore.
It is also required that the competence of the agent should be replicated in comprehensive
working information of the Migration Act and the Migration Regulations as well as other
legislation related with migration procedure and also the capability of the agent to give timely
and accurate advice.3 The professionalism of the registered migration agent should also be
reflected while meeting adequate arrangements for avoiding a financial damage to the customer
which comprises the professional indemnity insurance as required by Regulation 6B.
There is also the duty of the registered migration needed to save the privacy of their customers.
Therefore the agent should not disclose or allowed to be disclosed any confidential information
related to the client or the business of the client without obtaining the written consent of and
unless doing so is necessary under the law. After the agent had agreed to work for a particular
2 Charles A. Price, "OVERSEAS MIGRATION TO AND FROM AUSTRALIA, 1947-1961" (2009) 2(2) Migration.
3 Danielle Raynor and Richard Hicks, "Empathy And Coping As Predictors Of Professional Quality Of Life In
Australian Registered Migration Agents (Rmas)" [2018] Psychiatry, Psychology and Law.

client, but before starting that work, yet it is required to provide a copy of the consumer guide to
the client and also make a record that such copy has been provided.4
In view of the MARA Agents’ Code of Conduct, the below mentioned rules are applicable in
case of the registered migration agents in Australia.
 The agents should maintain the required standards of knowledge to continue their
education and by maintaining a professional liability.
 The agents should give advice to the client if the case does not have reasonable chances
of success.
 The agents should charge reasonable fees.
 The agents should deposit the money of the client in a trust account, which is to be
withdrawn only after the work is completed and invoice issued.
 The agents should not give a guarantee regarding the success of visa application.
 The agents should preserve the confidentiality of the information provided by the client.
In the present case, Jasmine had been aggressive and demanding towards Charlie from the
beginning of making the application. However, still it was required that Charlie should have
fulfilled all the responsibilities that have been imposed on him by the Code of Conduct, in
addition to the Migration Regulations. Another issue is that the fee collected by Charlie had been
deposited in case of this account. However, it is required that the registered agents should deposit
any fees collected by them from the clients into a trust account until the job was finished and
invoice supplied for the same. Therefore, if I would have been in the circumstances of Charlie, I
would have tried to fulfill all the obligations that are imposed on me as an agent. These comprise
4 Chris F. Wright, "How Do States Implement Liberal Immigration Policies? Control Signals And Skilled Immigration
Reform In Australia" (2013) 27(3) Governance.

the requirement of avoiding conflicts of interest and not to disclose any confidential information
related with the client.
It is worth mentioning that the Migration Agents Code of Conduct describes the professional
roles that should be followed by registered migration agents while dealing with the clients. The
Code clearly mentions, what is expected from registered migration agents in terms of
professional obligations and work practices.

Bibliography
Greenwood, Justine, "The Migrant Follows The Tourist: Australian Immigration Publicity After
The Second World War" (2014) 11(3) History Australia
Price, Charles A., "OVERSEAS MIGRATION TO AND FROM AUSTRALIA, 1947-1961"
(2009) 2(2) Migration
Raynor, Danielle and Richard Hicks, "Empathy And Coping As Predictors Of Professional
Quality Of Life In Australian Registered Migration Agents (Rmas)" [2018] Psychiatry,
Psychology and Law
Wright, Chris F., "How Do States Implement Liberal Immigration Policies? Control Signals And
Skilled Immigration Reform In Australia" (2013) 27(3) Governance
Legislation
Code of Conduct (MARA)
Migration Regulations 1994 (Cth) (the Regulations)
The Migration Act 1958 (Cth) (the Act)