LML6001 - Migration Law: Obligations Under the Agents Code of Conduct

This essay provides a comprehensive overview of the obligations and expected conduct of registered migration agents under Australian Migration Law, referencing the Migration Agents Code of Conduct, the Migration Act 1958, and the Migration Agent Regulations 1998. It details the requirements for registration, the importance of client contracts, the duty to avoid conflicts of interest, and the need for honest and fair dealing. The essay also discusses the agent's obligations regarding fees, communication, and the provision of a Statement of Services, emphasizing compliance with regulatory frameworks to avoid penalties such as suspension or cancellation of registration. The Administrative Appeals Tribunal case of Amin & Migration Agents Registration Authority [2005] AATA 257 is cited as an example of the consequences of breaching the Migration Code of Conduct.

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

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A registered migration agent has various obligations under the Migration Agents Code of
Conduct. It is worthwhile to refer here that, from the very beginning, the provisions of Sections
280, 281 and 282 has prohibited unregistered migration agents from providing assistance in
regard to immigration1. Therefore, the main obligation is that the agent must be registered under
the provisions of Section 314 of the Migration Agents Code of Conduct. The second obligation
on the part of a migration agent is to ensure that the client has fulfilled the conditions prescribed
for Visitor Visa (subclass 600). It is evident that the requirements of visa application differ from
one country to another. However, if the citizen is from Thailand, then he must provide certified
copies of original documents to the Department of Immigration, Australia. The certified
documents must include original pages of the current passports along with the photo id of the
holder and personal details. The certified copies of birth certificates must be attached alongside.
The evidence of sufficient funds including personal bank statements, audited accounts and credit
card limits should be provided. If the tourist is visiting any relative, evidence must be provided
that such relative is possessing necessary funds.
It is worth mentioning that from the year 2012, the Migration Agents Code of Conduct
was amended for the purpose of providing customer protection. In this regard, the migration
agent in order to establish an important relationship between an agent and a client must prepare a
contract in writing and must be recorded accordingly2. It is noteworthy to mention here that, the
agent must comply with the rules and regulations depicted in the Migration Agents Code of
Conduct; otherwise the registration of such agent can be cancelled or suspended. In some cases,
these agents are barred from further practice. In the case of Amin & Migration Agents
1 Mimi Zou, Immigration Law As Labour Market Regulation: Temporary Migration Status And Migrant Work
Relations (2018) Papers.ssrn.com <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2747843>.
2 Australian Migration Legislation Collection, June 2018; 2018 Edition; ISBN: 9780409349092 (2018) Zookal.com
https://www.zookal.com/australian-migration-legislation-collection-june-2018-9780409349092/

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Registration Authority [2005] AATA 2573, it was observed that the Administrative Appeals
Tribunal has affirmed the decision on the part of Migration Agents Registration Authority to
cancel the registration of Boni Amin who was acting as the migration agent. In this regard, he
could not apply for further registration as his application was rejected because it was confirmed
by the Migration Agents Registration Authority that the migration agent has breached the rules
and regulations of the Migration Code of Conduct and in such process acted against the
legitimate interests of his clients who had lodged complaints against him.
In addition to the Migration Code of Conduct, the Migration Act 1958 and the Migration
Agent Regulations 1998 has imposed specific rules in order to govern the conduct of the
migration agents. From the very beginning, the Act has specified various offences which are
considered to be criminal and unethical. In this regard, mention can be made about the provisions
of Section 234 and 234A which applies in case of criminal offences on the part of the migration
agents for providing false documents and misleading information to clients. It is worth noting
that, the Registered Migration Agent must act within the regulatory frameworks of the law of
Australia and must act in due diligence and in best interests of the clients4. If it comes to the
knowledge of the Registered Migration Agent that the nature of his act is such that it is likely to
cause conflict of interests; then he must cease to act within a prescribed period of 14 days and
should inform the Immigration Officer accordingly.
There is an obligation on the part of the Registered Migration Agent that he must not
provide advice related to non-migration to the clients for the purpose of gaining monetary
benefits. However, it is necessary that such Registered Migration Agent must possess relevant
knowledge regarding the provisions of the existing migration laws. The Registered Migration
3 [2005] AATA 257.
4 Dr Tendayi Bloom | OU People Profiles (2018) Open.ac.uk http://www.open.ac.uk/people/rtpwb2.

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Agent must preserve the confidentiality of the clients and should not disclose any confidential
information without prior consent of the client. There is an obligation to inform the client
regarding the prescribed application and the relevant documents that needs to be submitted. The
Registered Migration Agent must act fairly and honestly while discharging their duties.
Under the Migration Agents Code of Conduct, there is no mention of statutory scale of
fees for providing advice regarding immigration issues. In this regard, the Registered Migration
Agent is obliged to set his professional fees in a reasonable manner by complying with the rules
of the Migration Agents Code of Conduct5. The Registered Migration Agent before commencing
the work must prepare a client contract which is an agreement for prescribed services and fees.
In such agreement, the Registered Migration Agent must include the estimated charges and
disbursements. The estimated time period should also be mentioned and acknowledged from the
client along with an acceptance of the estimation. The Registered Migration Agent is at the
obligation to provide a written notice to the client in order to inform him about any material
changes in the prescribed fees which is likely to increase6. Such information should be provided
immediately as soon as the Registered Migration Agent becomes aware of the likelihood of such
damage7. Effective communication helps to build agent client relationship. Therefore, the
Migration Registered Agent must communicate with his client efficiently.
According to the provisions of the Section 313 of the Migration Act, there is an
obligation upon the Registered Migration Agent to furnish his client with a Statement of Services
for the purpose of informing his client that, regarding the services provided and the fees charged
5 Groutsis, Dimitria, Di van den Broek, and Will S. Harvey. "Transformations in network governance: The case of
migration intermediaries." Journal of Ethnic and Migration Studies 41.10 (2015): 1558-1576.
6 Federal Register Of Legislation (2018) Legislation.gov.au <https://www.legislation.gov.au/>
7 Kaur, Harjot, and Karanjeet Singh Kahlon. "Dynamics of Artificial Agent Societies: A survey and an agent
migration perspective." AI Communications 28.3 (2015): 511-537.

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for those services8. It is worthwhile to refer here that, all kinds of immigration assistance shall be
performed by the Registered Migration Agent, unless permitted under the provisions of Section
280 of the Migration Act9. According to the provisions of Section 313 of the Migration Act,
there is an authority on the part of the client to claim recovery of the fees if such client has not
received any Statement of Services from the Migration Registered Agent within the prescribed
period of 28 days after any decision has been taken by the Administrative Appeals Tribunal in
this regard.
8 Lin, Weiqiang, et al. "Migration infrastructures and the production of migrant mobilities." Mobilities 12.2 (2017):
167-174.
9 Xiang, Biao, and Johan Lindquist. "Migration infrastructure." International Migration Review 48 (2014): S122-
S148.

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References:
Amin & Migration Agents Registration Authority [2005] AATA 257.
Zou, Mimi, Immigration Law As Labour Market Regulation: Temporary Migration Status And
Migrant Work Relations (2018) Papers.ssrn.com <https://papers.ssrn.com/sol3/papers.cfm?
abstract_id=2747843>
Australian Migration Legislation Collection, June 2018; 2018 Edition; ISBN: 9780409349092
(2018) Zookal.com <https://www.zookal.com/australian-migration-legislation-collection-june-
2018-9780409349092/>.
Dr Tendayi Bloom | OU People Profiles (2018) Open.ac.uk
http://www.open.ac.uk/people/rtpwb2
Groutsis, Dimitria, Di van den Broek, and Will S. Harvey. "Transformations in network
governance: The case of migration intermediaries." Journal of Ethnic and Migration
Studies 41.10 (2015): 1558-1576.
Kaur, Harjot, and Karanjeet Singh Kahlon. "Dynamics of Artificial Agent Societies: A survey
and an agent migration perspective." AI Communications 28.3 (2015): 511-537.
Xiang, Biao, and Johan Lindquist. "Migration infrastructure." International Migration Review 48
(2014): S122-S148.
Lin, Weiqiang, et al. "Migration infrastructures and the production of migrant
mobilities." Mobilities 12.2 (2017): 167-174.
Federal Register Of Legislation (2018) Legislation.gov.au <https://www.legislation.gov.au.

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