University Migration Law: Assessment 3 Take Home Exam

This document presents a student's take-home exam on Australian Migration Law, addressing scenarios involving a registered migration agent and their clients. The assignment analyzes ethical breaches, obligations under the Code of Conduct, and the powers of OMARA (Migration Agents Registration Authority). Scenario 1 examines a breach of conduct related to a subclass 482 visa application, highlighting the agent's responsibilities and the consequences of overlooking visa conditions. Scenario 2 delves into ethical dilemmas, such as a potential sham marriage, and the agent's duty to report relevant information while maintaining client confidentiality. Scenario 3 focuses on potential breaches of the Code of Conduct involving advertising and commission arrangements, and the powers of OMARA in disciplining agents for such breaches. The assignment demonstrates an understanding of the Migration Act, ethical considerations, and the importance of adhering to the Code of Conduct in migration practice.

Australian Migration Law
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Table of Contents
Australian Migration Law..........................................................................................................1
Question a: Priscilla’s Breached Code of Conduct Applying Subclass 482..........................3
Question b: Ethical Issues faced by Priscilla and Resolving Them.......................................4
Scenario 2: Antonio....................................................................................................................5
Question a: Registered Migration Agent informing the Department about Bill....................5
Jenkins....................................................................................................................................5
Question b: Obligations under the Code of Conduct.............................................................5
Question c: Consequences for a Registered Migration Agent...............................................6
Scenario 3: Migration Agent and Wayne...................................................................................7
Question a: Provisions Breached on Following the Ideas......................................................7
Question b: Powers of OMARA to Discipline You for These Breaches...............................8
Question c. Powers of OMARA to discipline Wayne............................................................9
References................................................................................................................................10
Bibliography.............................................................................................................................12
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Scenario 1: Priscilla Desert
Question a: Priscilla’s Breached Code of Conduct Applying Subclass 482
The Temporary Skill Shortage (TSS) Visa (subclass 482) is considered as the employer-
sponsored entry permit. It is basically temporary in nature. The main objective of this kind of
visa is to permit the employers for nominating the professionals. Moreover, a subclass of the
482 visas is termed as the 3 step process, which consists of the Sponsorship, Nomination and
Visa Application. In this case, the sponsorship has dealt with the Standard Business Sponsor.
In addition, nomination deals with the applicants of a subclass 482 visa. Visa application has
been applied under the relevant stream of the subclass 4821.
In relation to the study, Pricilla Desert is considered as the experienced registered Migration
Agent of Queensland. Moreover, Priscilla desert has retained the small company named
Queensland Glamour Gems Pty Ltd for assisting the Tony Belsore with respect to the
temporary skills shortage (Class GK) subclass 482 visas. It has also been observed that
Priscilla assisted Tony Belsore in all three possible ways. In addition, Priscilla is becoming
busy for the preparation of the application in terms of lodging the application with respect to
Tony’s Visa. On the other hand, the notification regarding the approval was invalid.
Consequently, the notification stated that the invalidity was caused by the 8503 conditions on
Tony’s “Visitor Visa”. On the contrary, when Priscilla overlooked the application, they got to
know that she has not tasked for Tony’s visa grant notice nor it verified his status on the
VEVO. Thus, it can be stated that there is the duty had been breached in relation to the
subclass 482.
On the other hand, a registered migration agent should possess effective control over his
office with respect to immigration advice. Moreover, a registered migration agent should be
1 Anzscosearch, Temporary Skill Shortage (Class GK) Subclass 482 (Web Page, 2019)
<https://www.anzscosearch.com/temporary-skill-shortage-tss-482-visa/>
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well-aware of immigration assistance and familiar with the code. In this case RRT Case No.
N01/38355, N01/38355, Australia2 migration act has played an important role.
Question b: Ethical Issues faced by Priscilla and Resolving Them
There are certain ethical issues which have been faced by the Priscilla. Integrity is considered
as the significant principle of the code of conduct. In the case of integrity, people should be
honest and truthful in all business relationships. Moreover, an individual should evaluate the
important information whether it is false or misleading. Thus it can be stated that Priscilla can
face issues regarding integrity. On the other hand, objectivity deals with biasness and conflict
of the interest. It is beneficial to override professional judgement. It can also comprise the
common uses for the Priscilla. In addition, she will face an issue regarding the commitment
of professional knowledge and skills. On a similar note, she can face an issue regarding the
developments, techniques as well as legislations. In this context, confidentiality is considered
as the ethical issues that can be faced by the Pricilla. Pricilla should not disclose professional
information with respect to the legislation. Furthermore, Pricilla should be aware of the laws
and regulation for avoiding any action3.
On the other hand, Priscilla can identify the problem. It should be advised to Priscilla that
relevant data should be gathered with respect to the regulations, practice documents etc.
Moreover, she can evaluate that it is a problem related to the regulatory issue or process
issue. This issue should be compared to the code of conduct and should even develop the path
of the action that was used for the purpose of resolving. On a similar note, it needs to
identify, who is responsible for the situation, which has control over the situation. Similarly,
resources are identified. For resolving the issue, a list should be prepared in order to attain
2 RRT Case No. N01/38355, N01/38355, Australia
3 Association of International Certified Professional Accountants, Code of Ethics at a glance (Web Page,
2019)< https://www.cimaglobal.com/Professionalism/Ethics/CIMAs-code-at-a-glance/>
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positive and negative consequences. Most importantly, the plan must be made for defending
the requirements both ethically as well as professionally4.
Scenario 2: Antonio
Question a: Registered Migration Agent informing the Department about Bill Jenkins
A registered migration agent should inform the department about the statement of Bill
Jenkins. According to the scenario, it has been observed that Antonio is a Spanish citizen,
who has come to Australia on a Working Holiday (Temporary) (Class TZ) subclass 417
visas. When he was travelling for Australia, he met Judith, an Australian citizen. It has thus
been stated that Antonio had apparently promised to pay Judith $25,000 if he would prove
successful in gathering information related to the permanent residence of Australia. This is
mainly considered as a sham marriage. Thus it can be said that this should be informed to the
department after knowing all the truth. In addition, Judith contacted the migration agent as
Bill Jenkins claimed it as a sham Marriage. Moreover, Judith denied the obligations and
stated that Jenkins was jealous of Antonio. Thus, it can be stated that there is confusion in the
situation.
Question b: Obligations under the Code of Conduct
Being a registered migration agent, the duty for preserving the confidentiality of the clients
should be evaluated. On the other hand, confidential information of a client without their
written consent should not be disclosed as bound by the law. Moreover, the agent should
inform the clients about receiving the copies of the application with respect to the Migration
Act. In addition, a registered migration agent should address the problems and the telephone
number, where the agent has been contacted in normal business hours. Moreover, a registered
migration agent should enhance the accessibility of an interpreter if the changes are
4 American Speech-Language-Hearing Association, A Ten Step Process for Resolving Ethical Issues (Web
Page, 27 September 2019) <https://www.asha.org/slp/schools/prof-consult/10step/>
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necessary. An agent can provide the consumer guide before commencing their work.
Consumer guide is a document, which has been generated with the authority-related
information. On a similar note, this legislation is found to be regulated by the legislation and
is hence considered to be an important factor, which can be expected by a client from the
migration agent5.
Question c: Consequences for a Registered Migration Agent
In relation to the study, there are certain consequences, which are faced by the migration
agent. Being a migration agent, he or she must complete the services as instructed by a client.
In addition, the agent and client should agree to this service. Moreover, the client has the
authority to conclude the instruction of the agent’s at any point of time. The migration agent
can also terminate the contract and provide reasonable written notice to the clients. On the
contrary, when a client terminates all the instruction, it is must for the migration agent to seek
for the possible ways for delivering the documents to the clients or other people nominated
by them. Furthermore, if a client has claimed a lien on the documents, the agent should take
action for quantifying the amount. It should be kept in mind that only registered migration
agent can deal with the lien as it is authorised by the Australian body with respect to the legal
practising certificate. On a similar note, when migration agents are asked by the clients to for
send back their documents, it should be done within a time span of 7 days. On the other hand,
if a registered agent does not hold any document, belonging to the client, he/she has the right
to withhold the same. It will also be applicable under the legal practising certificate issued by
an Australian body. In addition, the migration agents will face issues regarding the other
services, which provide strong and effectual safeguards for protecting the interest of the
customer. Moreover, the migration agent might also have to face issues relating to the higher
5 Rebecca Phillips, ‘Code of Conduct’ (2017) For Registered Migration Agents 18, 22
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extent of vulnerability of the clients, along with the ineffectual and unethical migration-
related services6.
Scenario 3: Migration Agent and Wayne
Question a: Provisions Breached on Following the Ideas
There are certain provisions, which would be considered as the breaching if the individuals
went ahead with these ideas. Basically, Migration Agents Registration Authority (OMARA)
is termed as the section of the Department of Immigration and Border Protection (DIBP). The
main aim of the OMARA is to perform as the industry controller for Australian Migration
agent. Based on the scenario, it can be stated that Wayne has spoken to local used car
salesman Goff Speedy of Speedy Cars. Goff offers $250 commission to the Wayne for every
successful sale. Thus it can be stated that there is no contract between Wayne and Goff
Speedy. Moreover, these two persons are newly registered migration agent. In addition,
Wayne has uploaded photos with the Assistant Minister for Immigration and Border
Protection. According to the BBE17 v Minister for Immigration and Border Protection
[2019] FCA 5737, immigration and border protection have also been enhanced in this case.
Wayne thought it would be a great step for the publicity of the business. He also believes it
would portray the great relationship shared by him with the Department of Immigration and
Border Protection. Thus it can be clearly stated that there exists a breach in the study.
According to the Migration act, a registered agent should take action with courtesy, honesty
and fairness at the time of dealing with the other registered migration agents. In addition, a
registered agent should provide a written document to ensure the actions. In relation to the
migration act, a person should be honest. It can thus be been observed that Wayne uses the
photo of Assistant Minister for Immigration and Border Protection for the publicity of their
6 Law Council Of Australia, ‘Efficacy Of Current Regulation Of Australian Migration Agents’ (2018)
Regulation of Migration Agents 15
7 BBE17 v Minister for Immigration and Border Protection [2019] FCA 573
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website. This can be one of the issues, faced by Wayne and the other person. Based on the
study, it can be observed that Wayne never informed the person about his activity regarding
the issue. It can thus be said that there should be a written document before starting the work
as Goff Speedy does not provide any written document to Wayne. It can create a problem in
the provisions as well. In the case of the immigration work, it should be identified whether
Wayne and the other person are even qualified for giving advice to the client. A registered
migration agent should not encourage any other agent to provide the services. Most
importantly, a migration agent should act with the honesty and fairness to the other migration
agent8.
Question b: Powers of OMARA to Discipline You for These Breaches
OMARA has the efficient power to discipline the breaches. As per the migration Act 1958,
people generally need immigration advice and assistance. Moreover, it has been observed that
there are individuals and incorporated entities, which deals with the activities associated with
OMARA. It can be observed that the main purpose of OMARA is to defend the customers of
migration assistance. Moreover, the integrity of the Australian visa system has been enhanced
by the OMARA. This mainly happens with respect to the regulating registered migration
agents. In addition, OMARA has worked with the function of section 316 of the Migration
Act 1958. With respect to the breaches, OMARA can monitor the registered migration agent
with the provision of immigration assistance. OMARA can investigate the issues or
complaints of immigration assistance with respect to the agents. OMARA possesses the
ability to make possible actions against the agents. On a similar note, OMARA investigates
the complaints and even provides legal assistance as per the requirement. The main purpose
of the OMARA is to provide professional associations in terms of possible actions. OMARA
can further enhance the adequacy of the code of conduct. If the code of conduct has been
8 Lattice Migration, Australian Business Talent Visa SC132 (Web Page)
<https://www.latticemigration.com/business-visas-australia/australian-business-talent-visa-sc132/>
Page 8

breached by the migration agent, the case officer decides the action that needs to be taken for
the breaches9.
Question c. Powers of OMARA to discipline Wayne
To discipline Wayne, the OMARA can use the power to compel. It has thus been observed
that OMARA should use the powers under the Migration Act (sec.308). This act states that
the registration authority needs the assistance of a registered migration agent. Moreover, there
should be a constitutional declaration by the authority. OMARA can determine the
documents and the records for future investigations. A registered migration agent mainly
provides information or the document for incriminating the person. Moreover, it investigates
the complaints with the immigration of legal assistance. On the other hand, OMARA can
conduct an investigation about Wayne, when he is no longer considered as a registered
migration agent. Furthermore, it can investigate the complaint with a registered migration
agent in case it has been received within the 12 months period. The authority of the OMARA
can contribute to the initiation or completion of the investigation. Mostly, it should be kept in
mind that when the migration agent is dealing with the confusion regarding the registration
application, it must inform the individuals about the issues. The reasons for the problem
should also be expressed to Wayne. Contextually, when the migration agents have made a
decision with respect to section 303, the issues should also be informed to the individuals10.
9 Aph, 2. Background-Registered Migration Agents (Web Page)
<https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Migration/Migrationagentregulatio/
Report/section?id=committees%2Freportjnt%2F024186%2F26176>
10 Migration Alliance, Australian Immigration Daily News (Web Page)
<https://migrationalliance.com.au/immigration-daily-news/entry/2015-03-sections-316-308-and-309-of-the-
migration-act-with-respect-to-omara-s-powers-to-compel-responses-from-rmas.html>
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References
American Speech-Language-Hearing Association, A Ten Step Process for Resolving Ethical
Issues (Web Page, 27 September 2019)
<https://www.asha.org/slp/schools/prof-consult/10step/>
Anzscosearch, Temporary Skill Shortage (Class GK) Subclass 482 (Web Page, 2019)
<https://www.anzscosearch.com/temporary-skill-shortage-tss-482-visa/>
Aph, 2. Background - Registered Migration Agents (Web Page)
<https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Migration/
Migrationagentregulatio/Report/section?id=committees%2Freportjnt%2F024186%2F26176>
Association of International Certified Professional Accountants, Code of Ethics at a glance
(Web Page, 2019) < https://www.cimaglobal.com/Professionalism/Ethics/CIMAs-code-at-a-
glance/>
BBE17 v Minister for Immigration and Border Protection [2019] FCA 573
Lattice Migration, Australian Business Talent Visa SC132 (Web Page)
<https://www.latticemigration.com/business-visas-australia/australian-business-talent-visa-
sc132/>
Law Council Of Australia, ‘Efficacy Of Current Regulation Of Australian Migration Agents’
(2018) Regulation of Migration Agents 15
Migration Alliance, Australian Immigration Daily News (Web Page)
<https://migrationalliance.com.au/immigration-daily-news/entry/2015-03-sections-316-308-
and-309-of-the-migration-act-with-respect-to-omara-s-powers-to-compel-responses-from-
rmas.html>
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10

Phillips, Rebecca, ‘Code of Conduct’ (2017) For Registered Migration Agents 22
RRT Case No. N01/38355, N01/38355, Australia
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Bibliography
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<https://www.abf.gov.au/about-us/what-we-do/border-protection/immigration-detention>
ICJ, ‘Australia-Migration Act (1958)’ (Web Page, 2018)
<https://www.icj.org/soginationallegislat/australia-migration-act-1958/>
immi.homeaffairs, ‘Migration and citizenship legislation and policy’ (Web Page, 17
November 2018) <https://immi.homeaffairs.gov.au/help-support/tools/legendcom>
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<https://www.lawcouncil.asn.au/tags/migration-law>
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