LML6001 - Practitioner Legal Skills: Migration Law Case Analysis

This report provides a detailed analysis of a migration law case concerning a subclass 870 (Parent) visa application. The report examines the scenario where a migration agent, lacking prior experience with this specific visa type, is approached by a former client. The core issue revolves around the ag...Read More

Migration Law
Student Name
Student ID

2
Table of Contents
Issue.................................................................................................................................................3
Rule..................................................................................................................................................3
Application......................................................................................................................................4
Conclusion.......................................................................................................................................6
Bibliography....................................................................................................................................7

3
Issue
The issue, in this case, arises due to the application of a visa under subclass 870 that is the Parent
Class GH visa by a former client1 I have served previously. It is identified that the client has
previously ceased to secure service due to the notably high price of as claimed by me earlier and
moved to another considering a lower fees for the agency. It is further to be mentioned that, in
this regard, the client argued that he liked the previous service more than the new agent.
Therefore, serving him again would cost more effort in the expected service with more moderate
fees. However, initially, the precious service was generated for the Student Class TU visa under
subclass 500. This time the visa is to be applied under subclass 870. The issue arises with my
lack of experience in applying this type of visa and initiating a first time application for the same.
Rule
In the case of this issue, as identified above, there are two different aspects to be taken into
consideration. Firstly the effectiveness of the Code of Conduct in this regard is to be discussed.
In this case, certain provisions could be taken into account. 2.4 of the Code studies that a
migration agent registered under this act, should let the client be aware of the experience he
possesses regarding the service he is seeking for2. The Code of Conduct basically covers a
number of aspects enforcing the obligations of a migration agent. These aspects include the
interaction of the agent with the clients, respective charges and fees and records of other
financial managements, responsibilities towards the other agents and requirements for
responding towards any complaint lodged against the agent. Secondly, the role of the “Migration
Agents Regulations 1998” in this issue is to be demonstrated3. Division 2.4 of the act discusses
infringement notices that might be related to the assistance of giving immigration. Subdivision
(b) directs regarding the definition of Close family members in regard to this case involving
parents as well. Apart from that, the Subclass 870 visa and different edges of the same are to be
1 "Subclass 870 (Parent): Really Not A Pathway To PR? | Migration Law
Updates", Migrationlawupdates.Com.Au (Webpage, 2020) <https://migrationlawupdates.com.au/subclass-870-
parent-really-not-a-pathway-to-pr/>.
2 "Code Of Conduct - Office Of The Migration Agents Registration Authority", Mara.Gov.Au (Webpage, 2020)
<https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/>.
3 Migration Agents Regulations 1998

4
taken into consideration in order to understand the effect of the obligations to be followed by a
migration agent4.
Application
With the issue identified and rules recognized following the same, it is important to demonstrate
the interrelation between these two in order to identify the accurate obligation to be followed by
the migration agent in this case. First of all, it is to be considered that “Migration Agent
Regulations 1998” portray the code of conduct in order to take out certain regulations to be
abided by any registered migration agent in Australia. In that case, there are certain factors that
can affect the performance of a migration agent and eventually service the same. This code of
conduct is basically intended for regulating the conduct of the performance of registered
migration agents within the territory of Australia5. The obligations to be followed by me as a
registered migration agent are discussed as below:
A registered migration officer should consistently act as per the law and the authentic interests
of their client; and manage their client skillfully, industriously and reasonably. In any case, an
enrolled relocation specialist working as an officer in a nation other than Australia won't be taken
to have neglected to follow the Code if the law of that nation keeps the officer from working
inconsistency with the Code. A registered migration officer must not acknowledge an individual
as a client if the specialist would have any of the accompanying irreconcilable
circumstances. The officer has had past dealings with the individual, or means to help there is
some other enthusiasm of the specialist that would influence the authentic interests of the
client6. In the event that it becomes clear that a registered migration officer has an irreconcilable
circumstance referenced in condition According to a client, the specialist must, when practicable
considering the requirements of the client, however regardless within 14 days enlighten the client
concerning the irreconcilable situation; and prompt the client that, under the Code, the officer
can never again represent the client7. He will further Exhort the client about designating another
4 Rodger G Fernandez et al, Australian Migration Legislation Collection, January 2020.
5 "MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of
Conduct", Classic.Austlii.Edu.Au (Webpage, 2020)
<http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.
6 "Migration Agents Regulations 1998", Legislation.Gov.Au (Webpage, 2020)
<https://www.legislation.gov.au/Details/F2017C00943>.
7 Khanh Hoang and Sudrishti Reich, "Managing Crime Through Migration Law In Australia And The United States:
A Comparative Analysis" (2017) 5(1) Comparative Migration Studies.

5
enlisted relocation officer, and stop to manage the client in the specialist's ability as an enlisted
movement officer. Section 10 of the Code at that point applies as though the client had ended the
registered migration officer's guidelines8. A registered migration officer who has stopped to
represent a client as per section must, when practicable, yet regardless inside 14 days, let the
Department know that he or on the other hand she is never again representing the client.
The informative explanation to the authoritative instrument that made visa subclass 870, states
that the new visa isn't expected to be a pathway to some other parent classification visa. Be that
as it may, with deference, the enactment has not accomplished that reason. For example, it
clarifies how it is conceivable to apply for a subclass 870 visa and afterward, while that
application is pending, apply for a 143 visa, and the other way around9. Therefore this particular
instrument and generation of the same hold certain obligations to be followed by the migration
agent under relevant legislations. It can further be said that not abiding by the legislation might
affect the legal performance of the agent as a registered migration agent.
Now analyzing this to guiding provision it can be said that a registered migration agent is
required to abide by the same in order to execution of the performance of his duties. In that case,
the very first factor to be taken into consideration is the valid performance and adherence by the
code of conduct as identified in this regard. In that concern, it can be mentioned that according to
the code of conduct a client possessive knowledge regarding the experience and capabilities of
the agent he is seeking service from. Analyzing the case study this fact can be taken into
consideration for the examination of the same. It was previously mentioned that the agent, in this
case, does not possess any experience in the same domain neither has he seriously executed any
service like the same. With this regard, it is to be mentioned that deciding on the fees and
charges for the service should have had taken this fact into consideration. However, while
deciding upon the fees and acceptance of the same the agent did not mention anything regarding
the lack of experience the agent in this field regarding this particular type of service. Therefore,
he did not abide by the code of conduct in this case and is obligated to let the client know about
this in future performances. Besides, there are certain other aspects that are to be taken into
8 Code of Conduct for registered migration agents Current from 18 April 2017
9 "Subclass 870 (Parent): Really Not A Pathway To PR? | Migration Law
Updates", Migrationlawupdates.Com.Au (Webpage, 2020) <https://migrationlawupdates.com.au/subclass-870-
parent-really-not-a-pathway-to-pr/>.

6
consideration while deciding to open the application to be followed by the migration agent in this
particular kind of service. With regard to different edges of the subclass 870, further obligations
could be identified and therefore followed by. In case of any further communication regarding
this transaction, the agent is obligated to abide by the guidelines as prescribed by the concerned
legislation. In the absence of this performance, serious obligations could be drawn against the
migration agent.
Conclusion
With the examination of this case study and related legislations, certain aspects were identified in
order to recognize the obligations to be followed by me as a registered migration agent. As a
concluding factor to the case, it can be stated that the primary obligation to be abided by me, in
this case, is to abide by the provisions of the Code of Conduct. Apart from that, following the
conditions related to the Visa application as mentioned in this particular case is another
obligation to be abided by in this case.

7
Bibliography
Legislations
Code of Conduct for registered migration agents Current from 18 April 2017
Migration Agents Regulations 1998
Journals/Books/Websites
"Code Of Conduct - Office Of The Migration Agents Registration
Authority", Mara.Gov.Au (Webpage, 2020)
https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/code-of-conduct/
"MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of
Conduct", Classic.Austlii.Edu.Au (Webpage, 2020)
http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html
"Migration Agents Regulations 1998", Legislation.Gov.Au (Webpage, 2020)
https://www.legislation.gov.au/Details/F2017C00943
"Subclass 870 (Parent): Really Not A Pathway To PR? | Migration Law
Updates", Migrationlawupdates.Com.Au (Webpage, 2020)
https://migrationlawupdates.com.au/subclass-870-parent-really-not-a-pathway-to-pr/
Hoang, Khanh and Sudrishti Reich, "Managing Crime Through Migration Law In Australia And
The United States: A Comparative Analysis" (2017) 5(1) Comparative Migration Studies
Rodger G Fernandez et al, Australian Migration Legislation Collection, January 2020.