Migration Law: Client File Management and the Migration Act 1958

This report provides a detailed analysis of client file management within the context of migration law, primarily focusing on the requirements outlined in the Migration Act 1958 and the Code of Conduct for migration agents. The report explores two primary methods of file management: virtual and physical, discussing the advantages and disadvantages of each approach. It emphasizes the importance of maintaining organized and secure client files, including the proper structuring of virtual files using subfolders for different types of documents such as communication, financial documents, and supporting evidence. The report uses a case study of a client named Jill Naido, seeking a 485 visa, to illustrate the practical application of file management techniques. It outlines the essential documents required for the 485 visa application, including forms, identification documents, proof of English language proficiency, health and character requirements, and debt-free documents. Furthermore, the report highlights the legal obligations of migration agents regarding client file management, emphasizing compliance with relevant legislation and regulations, as well as the importance of maintaining client confidentiality and providing records to authorities upon request. The report concludes by underscoring the benefits of a well-organized file management system in ensuring efficient office administration, easy access to information, and compliance with legal standards.

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

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METHOD OF CLIENT FILE MANAGEMENT:
Several provisions relating to procedure of migration in relation to a client and maintaining
important documents are stated in the Migration Act 1958 section 314(1). An agent who is
registered must also abide by the Code regulating the Conduct of the migration agent.
The agent has to maintain a separate file for every client. File can be managed either in:
 Virtual
 Physical.
Physical implies maintenance of a hard board file which contains hard copy of documents with
proper numbering and labelled. The print or copies of these documents can be made and kept
chronologically in these folder. Some agents scan the documents before uploading them in a
system of electronic filing. Nowadays maintenance of copies in electronic form in any virtual
method is easy to access. So, the method of uploading a document is more popular nowadays.
Under section 287 of the said Act, a migration agent, likes to use virtual medium for the
maintenance of the file1.
A virtually created file can be created containing the client’s name in Google Drive. A backup
for each file must be created. After creation of the file, it needs to be structured according to
convenience. Number of subfolders can be created within the file to categorise documents. The
main two sub folders will be named as Clients and Prospects.
1 The Migration Act 1958 s. 287

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In first sub folder, there will be the details relating to the clients who are potential saved.
Their contact details must be saved. After becoming actual clients their names will be erased
from the folder named prospect.
One more sub folder must be created by the name of the Clients. In that folder,
every complete information with respect to the clients must be stored. The suggested folders,
which needs to be created ensuring convenience are submissions, departmental documents,
supporting evidence, financial documents.
For Jill Naido who is a client, as discussed before, a folder can be
created with the client’s name. In the present situation, Jill wanted to continue staying in
Australia with permanence after her masters gets over. Being an agent relating to migration, it
would be suggested to make an application relating to 485visa for Post–Study Work Stream. So,
every documents regarding this, will be taken from Jill. It needs to be uploaded and scanned
within the sub folders under the chief file by the name.
In the sub-folder with respect to communication, mails
include mails from and to Jill. These mails will include mails sent to Jill effecting confirmation
with the copies of the Code of Conduct in accordance with Australian Citizenship Act 20072,
Migration Act 19583, schedule 2, the Migration Consultants Regulations 19984 and Reg. 8 of the
Migration Agents Regulations 19985. Any of the mails sent from and to the migration department
along with internal memos are required to be kept in this folder.
2 The Australian Citizenship Act 2007.
3 The Migration Act 1958.
4 The Migration Consultants Regulations 1998.
5 The Migration Agents Regulations 1998, Schedule 2 Regulation 8.

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The financial documents should be kept under the ‘Financial Docs’
haed, along with a receipt copy provided to Jill subsequent to his payment, invoices, statement of
services and ledger provided by Part 7 of the Conduct Code6. The essentials required to file for
Post Study Work Stream Visa 485 are stated below:
1) Essential Forms:
It means the application forms like Form 47A when the applicant is having a child or
other family members who is dependent above eighteen years old and the Form 956 to be availed
from an agent of migration.
2) Identification Documents:
These include two current photographs of passport size, a copy, which is certified of each
passport of the applicant, certified copy of the birth certificate of the applicant and proof of any
change of legal name.
3) Study and Skills requirements:
An outcome of the test of English language appeared in last three years is required for the
purpose of visa application. English tests like IELTS, TOEFL, CAE can be taken into account.
Apart from this, the confirmation with respect to the Enrolment for each of the course, which has
been completed within Australia together with letter of completion, Transcript and Award
Certificate must also be produced.
4) Health and Character requirements:
Documents displaying that the applicant has applied for or received a recent National
Police Certificate allotted by the Federal Police of Australia must also be produced. Each of the
6Mara.Gov.Au (Webpage, 2019) <https://www.mara.gov.au/media/553229/Code_of_Conduct_April_2017.pdf>.

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applicants should have adequate health insurance according to section 5C 7. An applicant also
must express that he has undergone an appropriate extent of Overseas Visitor Health Cover
(OVHC) before visa is granted under the Migration Act 1958 section 60 must be abided8.
5) Debt free document:
Documents that shows the applicant does not have any unsettled debt towards the
Government of Australia also needs to be submitted towards the visa application.
The agent has to state that he has chosen this method of client file management as it will
ensure a methodical management of the maintaining and managing every related records it
enables the agent to access every documents whenever he require it very easily. It helps the
agent to maintain the system with respect to office administration efficient as this will maintain
the files and the records belonging to the clients in a very organised way. It also helps to
maintain every documents in a very organised and secure manner. It also ensures not to disrupt
the privacy of the information of the client. The records can also be furnished to the authority to
facilitate inspection if the request for the same is made. This technique also complies with all the
provisions relating to the same contained in the Migration Act 19589 and the Migration
Regulations 199410.
In Part 6 of the Code of Conduct11 it provided that every relevant documents of the client will
be required to be kept so that it can be furnished towards the authority for the purpose of
inspection if requested.
7 The Migration Act 1958, s. 5.
8 The Migration Act 1958, s. 60.
9 The Migration Act 1958.
10 The Migration Act 1994.
11 Part 6 of the Code of Conduct.

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References
Mara.Gov.Au(Webpage,2019)https://www.mara.gov.au/media/553229/
Code_of_Conduct_April_2017.pdf
The Australian Citizenship Act 2007
The Code of Conduct
The Migration Act 1958
The Migration Agents Regulations 1998
The Migration Consultants Regulations 1998
The Migration Regulations 1994

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