Graduate Diploma in Migration Law: LML6001 Assessment Task 1 Report

This report analyzes a case study involving a registered migration agent and their obligations under Australian migration law, specifically concerning the representation of a client, Desmond Paris, seeking a Parent Class GH (Subclass 870) visa for his father. The report examines the agent's adherence to the Migration Regulations 1998 and the Code of Conduct, emphasizing requirements such as client awareness, professional conduct, fees, financial management, record-keeping, and referral obligations. The analysis highlights the importance of agents possessing the necessary expertise, proper documentation, and adherence to ethical standards. The report also discusses the consequences of non-compliance, emphasizing the significance of providing accurate advice, maintaining separate client accounts, and documenting all interactions and agreements, including the use of SKYPE conferences and written statements of service. The author references relevant sections of the Migration Act and Regulations and emphasizes the agent's duty to provide clients with the Code of Conduct.

Running head: MIGRATION LAW 1
Migration Law
Student’s Name
Institutional Affiliation

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A registered migration agent provides assistance and meaningful advice to potential
migrants and their families. It is a requirement that a migration agent holds a legal practicing
certificate that is usually issued by the relevant authorities. Concerning Desmond Paris's case
presented in this paper, there is an absolute obligation that a registered agent is expected to
observe and strictly abide. In accordance to Migration Regulations 1998 and the prescribed
Code, there is a range of obligations. Some of these obligations cover; client’s awareness of the
code, the interaction with one's client, charges, financial management, record keeping, and
relations between registered immigration among others.
According to section four of the Code of conduct, relations between registered migration
agents, before accepting immigration work, an agent must consider that they are qualified to
provide advice that the client seeks. If, in any case, an agent is unsure, then they must seek
appropriate assistance or instead refer the issue to an experienced registered nurse. A referral is
made in cases where the registered agent is demanded to provide advice on issues that he or she
is not involved on giving information. In section 2, the code requires that the professionalism of
a registered migration agent must be reflected in the sound working of the agent, this may
involve providing sound, timely and accurate advice to a client. However, it is required that an
agent have regard on the client’s dependence on their knowledge in his area of expertise.
In this case, Desmond Paris needs support on lodging a Parent Class GH (Subclass 870)
for his father. Since the agent has never assisted in such cases and has no experience whatsoever,
it is required that you refer this case to a more experienced immigration agent that deals with
such cases much often. In contrary to what is expected, the immigration agent hesitates to say no
on the virtue that Desmond is his former client. Previous relationships should not be used as a

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virtue of offering assistance, but rather the Code of conduct should be strictly followed. There
should be no breach of the Code of behaviors under any circumstances whatsoever.
Regarding fees, it is required that a registered migration agent sets a cost that is highly
reasonable in the circumstance of the case. It is, however, essential to understand that no exact
fee to pay, just an estimate, and should be based on the circumstances of the case itself. Other
mandatory issues regarding fees are that the registered agent must first provide a view of the
costs for each of the services to be rendered 1There should be an estimated time that the agents
are likely to take in delivering the agreed service. Written acceptance from the client must also
be obtained. This provides a written confirmation, which is also considered as a written
agreement for fees and services. Under this, it is as well an obligation of the registered nurse to
provide advice that should be documented regarding the anticipated fee to be paid and any
related charges of fee in the various agent departments.
Besides, section seven of the code of conducts dictates that an immigration agent should
always have separate accounts with a financial institution. This should be the operating account
and the client’s account, which comprises of money paid by clients to the agent for fees and
other disbursements. In addition, registered agents must hold in the client’s account an amount of
money paid by a client for an agreed period of time until an invoice is issued to the client for all
services performed.
1 Freckelton, Alan. Administrative Decision-Making in Australian Migration Law, 77.

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In Desmond's case, there is no evidence of an agreed written letter of acceptance, just a
verbal agreement made through a SKYPE conference. This is emphasized based on section 313
of the Act, which states that an agent is not guaranteed to be paid for providing immigration
advice and assistance unless the client issues a stipulated statement of service. The report should
as well be in line with the services to be rendered. Moreover, the description of assistance
provided must indicate the particulars of individual service performed and the charge made for
each of the services rendered.
According to the Code of Conduct, clients are legally supposed to recover their payment
after it has been approved. Most of time this happens if they had made a payment without
receiving a statement of service. Another instance is when they do not receive the announcement
of service precisely within 28 days after a decision is made about that particular visa application.
It is the duty and responsibility of the registered immigration agent to ensure that all instructions
and requirements are followed under the Charges section as obligated by the Code of conduct.
Code of conduct is mandated to include various elements such as aspect of management
and record keeping. Registered immigration agent is obligated to uphold appropriate records for
all dealings with the client. These records should be made available for inspection once
requested by the relevant authorities. Some of the information that should be well kept comprises
copies of the clients' applications. Besides the information also includes copies of written
communication that have been experienced between the agent and client. On the other hand, the
information should also encompass copy showing activities carried out between the agent and
any related department within an organization.
The immigration Act shows how it is crucial to note that the registered immigration agent
is expected to keep some of the records mentioned records for seven years. Regarding

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Desmond's case, the agent must ensure that all information is well protected thus facilitating
efficient services. The law indicates that the registered immigration agent set up a SKYPE
conference with Desmond and his father to obtain detailed and comprehensive information
regarding the filling of the Visa. This SKYPE communication should be well preserved for at
least seven years.
Concerning section 11 of the Code of conduct, a registered immigration agent is
obligated to facilitate appropriate services. A registered agent must always ensure that they
provide at least two to three copies of the Code of conduct in any waiting room. The print can be
used by the clients or any place that the agent conducts business with. The agent also should
ensure that a client who requests to view the Code of conduct is provided with it immediately.
Moreover, the agent must ensure that each contract made between the client and the agent
includes a statement. The statement must recognize the fundamental concepts provided by the
code of conduct in the organization. There should also a systematic approach assuring clients to
obtain at least a single copy of the codes once requested by the agent. In Desmond's case, we see
that the client (Desmond) has an internet connection and website as they set up a SKYPE
conference. It is a requirement the agent provides a link of the copy of the Code that has been
displayed on the Authority's site.

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Bibliography
Freckelton, Alan. Administrative Decision-Making in Australian Migration Law. ANU Press,
2015.