LML6001 Migration Law: Code of Conduct and Obligations Report

This report delves into the principles and code of conduct that registered migration agents (RMAs) must adhere to, as outlined in the Migration Agents Regulations 1998 (Cth). It examines the obligations of agents, covering interactions with clients, fees, financial management, record keeping, and interactions with other agents. The report highlights the significance of the code of conduct prescribed under Schedule 2 of the Migration Agents Regulations 1998, emphasizing its role in regulating agent conduct, including fees, record-keeping, financial duties, client relations, and service termination. A case study involving a parent visa application provides practical context. The report underscores the importance of RMAs acting in the best interests of applicants and adhering to the prescribed code of conduct and obligations under the Migration Agents Regulations 1998, as well as referencing relevant legislation and case law.

RUNNING HEAD: - Migration law 0 | P a g e
Title- Migration Law
Student Name- Pardeep Kaur
Student ID is s4633378

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S t u d e n t I D - s4633378
Table of Contents
Introduction:................................................................................................................................................1
Obligations under the Migration Agents Regulations 1998:........................................................................1
Code of Conduct prescribed under Schedule 2 of Migration Agents Regulations 1998:.............................1
Case law:.....................................................................................................................................................2
References:..................................................................................................................................................4

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Introduction:
In this report, the relevance of principles and code of conduct prescribed for the registered
migration agent has been taken into consideration. The principles regarding the code of conduct
which should be followed by a registered migration agent has been provided under the Migration
Agents Regulations 1998 (Cth). To determine an understanding report on the relevant provisions,
regulations and principles under the regulatory legislations of migration, the given scenario in the
case law has also been considered. In the further part of report the detailed information on
Migration Agent’s code of conduct has been provided which is prescribed in the Schedule 2 of
the Migration Agents Regulations, 1998.
Obligations under the Migration Agents Regulations 1998:
A registered migration agent is required to meet several obligations prescribed under the
Migration Agents Regulations 1998. Being an agent, the obligations under the regulations cover
the interaction with your clients, the obligations regarding charges, fees, financial management
and record keeping, other obligations towards your employees and other migration agents and
the obligation to respond against the issues raised against you1. Several other obligations are
required to be fulfilled by the agent such as to determine the code for his own office and
employees and inform the client about the same. For instance some of the agents have their own
practice pattern under which they discharge their duties towards the clients. Hence for these
agents, it is required that they inform their client about the code or practice pattern through
which they will serve their clients2.
Code of Conduct prescribed under Schedule 2 of Migration Agents Regulations 1998:
The code of conduct is prescribed for the migration agents under the Schedule 2, Regulation 8 of
Migration Agents Regulations 1998 and it has been set out under section 314 of the Migration
1 María Hernández-Carretero, "Renegotiating Obligations Through Migration: Senegalese
Transnationalism And The Quest For Therightdistance" (2015) 41(12) Journal of Ethnic and Migration
Studies.
2 Jan Halberda, "Undue Payment In The Polish Code Of Obligations Of 1933 As Compared With Other
Regulations Of That Time" [2017] Krakowskie Studia z Historii Państwa i Prawa.

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Act, 1958. This code of conduct consist the legislation and regulations which govern and
regulate the conduct of migration agents. It covers all the relevant standards of conduct of
migration agent such as fees and charges, record keeping and management, financial duties,
duties to employees, duties towards the complaints, obligations towards the clients, duties to
manage relations with other registered migration agents, obligations regarding termination of
services and awareness of the code among the clients. Hence the registered migration agent is
needed to follow the prescribed regulations under the code of conduct to meet the legislative
requirements under the Migration Act. The fees and charges set by the agent must be reasonable
and as per the circumstances of the case3. However there is no statuary scale for the charges and
fees and the agent’s charges may vary with the circumstances of the case but it must not be
inappropriate or unreasonable4. The migration agent is also free to select the mode and pattern to
charge the fees from the client. For example the agent can charge in advance, after the work is
performed or can refuse to charge if the work is not completed. Similarly he can also choose the
mode of payment in which he wants to receive the amount of fees from his client. In addition to
that a registered migration agent is obligate to maintain a healthy relationship with the other
RMA’s who are working under the same field. Hence he cannot object the conduct of other
RMA if any of his clients approaches such RMA5.
Case law:
In the given case law Desmond is the permanent resident of Australia and approached me for my
assistance to lodge a Parent Class GH (Subclass 870) visa for his father. However I have never
assisted this kind of visa but accept the application of Desmond and ask him to deposit the
3 Migration law, "MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of
Conduct", Classic.Austlii.Edu.Au (Webpage, 2018)
<http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.
4 LexisNexis Australian Migration Legislation Collection, (2020) Australian migration legislation
retrieved from https://store.lexisnexis.com.au/products/australian-migration-legislation-
collection-sku9780409351767/details
5 immigration law, "Code Of Conduct - Australian Migration Agents And Immigration Lawyers Melbourne |
Seekvisa", Australian Migration Agents And Immigration Lawyers Melbourne | Seekvisa (Webpage, 2019)
<https://www.seekvisa.com.au/code-of-conduct/>.

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relevant charges with visa application fees. However there is no standard scale regarding the fees
which should be charged from the client but I have asked to Desmond to submit $5500 including
the visa fees of Department of Home Affairs6. The sponsored parent visa can be granted for
either 3 or 5 years and only a permanent resident can lodge the application for such visa. Usually
the relevant fee for application of 3 year sponsored parent visa is $5000 and $10000 for 5 year
visa. The visa application fees can also be paid by the applicant in installments. Hence the
amount of fees charged from Desmond is reasonable. Also Desmond was my former client as I
have assisted him to grant the student class visa but he didn’t approached me while applying for
the permanent residency. On these ground I cannot deny him to entertain his case for parent class
visa as it is prescribed under the code of conduct for Migration agents that we are obligate to
maintain a healthy relationship with other RMA’s7. Therefore while performing as a registered
migration agent; one is more bound to perform as per the code of conduct prescribed under the
Migration Agents Regulations 1998 instead of the other irrelevant circumstances. Hence in the
given case law, the migration agent is obligate to perform in the best interest of the applicant and
his conduct should be according to the prescribed code of conduct and obligation under the
Migration Agents Regulations 19988.
6 parental visa, Immi.Homeaffairs.Gov.Au (Webpage, 2017)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/sponsored-parent-temporary-870>.
7 Peter Billings, "Crimmigration Law In Australia: Exploring The Operation And Effects Of Mandatory Visa
Cancellation, Immcarceration And Exclusion" [2017] SSRN Electronic Journal.
8 migration agent, "Home - Office Of The Migration Agents Registration
Authority", Mara.Gov.Au (Webpage, 2016) <https://www.mara.gov.au/>.

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References:
Agent, migration, "Home - Office Of The Migration Agents Registration
Authority", Mara.Gov.Au (Webpage, 2016) <https://www.mara.gov.au/>
Billings, Peter, "Crimmigration Law In Australia: Exploring The Operation And Effects Of
Mandatory Visa Cancellation, Immcarceration And Exclusion" [2017] SSRN Electronic
Journal
Halberda, Jan, "Undue Payment In The Polish Code Of Obligations Of 1933 As Compared With
Other Regulations Of That Time" [2017] Krakowskie Studia z Historii Państwa i Prawa
Hernández-Carretero, María, "Renegotiating Obligations Through Migration: Senegalese
Transnationalism And The Quest For Therightdistance" (2015) 41(12) Journal of Ethnic
and Migration Studies
Law, immigration, "Code Of Conduct - Australian Migration Agents And Immigration Lawyers
Melbourne | Seekvisa", Australian Migration Agents And Immigration Lawyers
Melbourne | Seekvisa (Webpage, 2019) https://www.seekvisa.com.au/code-of-conduct/
Law, Migration,"MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2Code Of
Conduct", Classic.Austlii.Edu.Au (Webpage,2018)
http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html
LexisNexis Australian Migration Legislation Collection, (2020) Australian migration legislation retrieved
from https://store.lexisnexis.com.au/products/australian-migration-legislation-collection-
sku9780409351767/details
Stewart, P., & Stuhmcke, A. (2020). Judicial analytics and Australian courts: A call for national ethical
guidelines. Alternative Law Journal, 1037969X19899674.
Visa, parental, Immi.Homeaffairs.Gov.Au (Webpage,2017)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/sponsored-parent-
temporary-870