Migration Law: Analysis of Visa Refusal and Agent Responsibilities

This assignment addresses a migration law case concerning the refusal of a Distinguished Talent (Migrant) visa application. The analysis focuses on the implications of the visa refusal for the applicant, Dr. James Mathers, and the responsibilities of the migration agent. The assignment examines breaches of the Migration Agents Code of Conduct, including failures to keep the client informed, potential misrepresentations about processing times, and adherence to fee regulations. Furthermore, it explores the agent's obligations when a new agent takes over the case, including document return and ethical conduct. The assignment highlights the importance of proper documentation and submission in visa applications and discusses the agent's liability for the rejection of the application due to inadequate support. The analysis references the Migration Act 1958, Migration Agents Code of Conduct, and Migration Agents Regulations 1998, providing a comprehensive overview of the legal and ethical considerations involved.

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

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MIGRATION LAW
Answer 1:
To
Dr. James Mathers,
Massachusetts Institute of Technology,
USA.
Sub: Implication of decision of visa refusal
Respected sir,
In this letter, I would like address you the implication of visa refusal decision by the Immigration
Authority on behalf of the principal of the migration agency to whom you have contacted for
Class AL subclass 124 Distinguished Talent (Migrant) visa.
The visa you have applied for allows people with distinguished and extra ordinary talent who are
outside Australia to apply to migrate to Australia. This visa is designed for people who are
internationally known and famous for their outstanding achievements in arts, profession, sports
or research or academia. Moreover one needs to be nominated by an eligible person or
organization to nominate you for this visa. The Department of Home Affairs refused your
application for visa as according to the officer you did not have an internationally recognized
record of such extra ordinary, exceptional and outstanding achievement in academia or research.
The emphasis was on the term ‘internationally recognized’. As a result of the refusal, you will
not be able to live in Australia as a permanent resident. You will not have access to certain social
security payments as well as not receive any healthcare benefits through Medicare and the

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Pharmaceutical Benefits Schemes. The department did not find enough evidences in the support
of your extraordinary achievements. Hence, your visa application was not granted though
sufficient amount of information was provided to show that you have an exceptional and
outstanding achievement in academics and research.
Hence, it is high time that we make a fresh application on behalf of you with better records and
evidences to show that you are eligible for this particular visa.
Regards,
Answer 2:
In order to make an assessment of the file of James the main issues that have to be
analyzed and determined are as follows:
1) Whether the agent was fully informed about the progress of the case?
In the present case, from the file maintained by the principal, agent discovered that there
had been 12 months already since the last communication between the principal and James was
made.
As per clause 2.8 of the Code, the agent must keep the client fully informed about the
progress of the case and after the case is decided, he must keep the client informed in writing
about the result of the case. These were not done by the agent in case of James. Thus violation of
clause 2.8 occurs in this case as there was no communication between them since a year.
2) Whether there lies any breach of conduct as the principal could not inform James about the
time to taken by the Department to decide the visa application?

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In this case, it is seen that the principal informed the agent that he cannot control the time
to be taken by the respective Department of Home Affairs to decide on any matter. As per
clause 2.10, the agent cannot make any false implication of any policy of the Government in
relation to successful decision of an application under the provisions of Migration act or
Migration regulation. But as per clause 5.2, the registered migration gent must state his client the
time that may be required in performing the tasks given to him. It is not known however whether
this was followed in case of James from the facts of the case.
3) The next issue is whether provisions of Part 5 related to fees and charges are being followed?
In this case, it is seen that James had made payment to RMA and after that they had no
contact with each other. Plus the visa application was also refused. As per Part 5.5, RMA must
be well versed with section 313 of the Act on the basis that the agent cannot be paid for giving
service to any client unless the agent gives him the statement of services as per clause 5.2. It is
not known here whether the agent has given such statement to the client. However, James is
entitled by the Act to recover the amount of a payment as a debt due to him if he did not receive
the statement within 28 days after the application of visa was refused as per clause 5.5(c).
4) Whether proper documentation was done for the visa application?
As per clause 2.19, the agent has a liability to provide enough sufficient information to
the respective department so that the officer must consider them. According to Part 2.21 of the
Code of conduct, the agent should not submit the visa application under the said Act or
Regulations in absence of proper supporting documentation. Hence, the migration agent must
gather all the documents and records to prove that the client has an extraordinary talent to get
this particular visa.

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In the case of James, it is found that a sufficient amount of provided by James to support
his visa application that James had an internationally recognized record of achievement but it
was not considered as there was no submission prepared by the agent in support of the visa
application. Hence breach of code of conduct as per clause 2.19 and 2.21.
Answer 3:
In the case, the principal was contacted by another registered migration agent who was
entrusted by James to take over the matter from him.
The REM must take all the required measures to keep the reputation and integrity of his
occupation as per clause 2.23. As per clause 4.5, he must act with fairness, honesty and courtesy
while dealing with other registered migrating agents. Hence, the principal must act honestly with
fairness and courtesy while dealing with the new migration agent and inform him with all the
information he had with respect of this visa application. He must help the new agent with all the
possible ways he can.
In this situation, as per clause10.2, as the client contacts with a new agent, he has the
right to ask previous REM to return the documents belonging to him. The principal must give
them back within 7 days after he was asked. As per clause 10.4, the REM must not hold a
document of the client as part of the claim that the agent has a right to withhold it by a lien over
it unless such REM holds a current legal practicing certificate issued by an Australian body
authorized by law. Moreover, they must take all the measures to return all the documents of
James directly to him or to any other person nominated by James as per Part 10.6 of the Code
and if they hold any lien over any documents or have a claim , then they must take steps to
quantify the amount claimed. In the present case, James had already paid 3000$ as application

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and visa application fee to the principal. The application was rejected as there was no submission
prepared by the principal to support the application. Thus he must return the amount that he had
received after the visa application was rejected by the Department as the application was rejected
because of his failure to provide proper submission to support the application. There was a
breach of clause 2.23.

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References:
Mara.Gov.Au (Webpage, 2019)
https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf
Migration Act 1958
Migration Agents Code of Conduct
Migration Agents Regulations 1998