Australian Migration Law and Practice: Advice for New Agent

This report provides a comprehensive letter of advice to a newly registered migration agent in Australia, addressing the critical aspects of the Australian migration law and practice. It emphasizes the importance of adhering to the Code of Conduct as per the Migration Act 1958 and the role of the Migration Agents Registration Authority (MARA) in regulating migration agents. The report highlights the obligations of migration agents to provide ethical and lawful services to their clients, including honesty, diligence, and fair dealing. It analyzes a case study where a migration agent breaches the Code of Conduct by misrepresenting their experience and discusses the consequences. Furthermore, the report delves into the requirements for the Business Talent visa (subclass 132), including eligibility criteria, application process, and benefits. It also references key legislation like the Migration Act 1958, and related regulations, providing a complete understanding of the legal framework governing migration agents and visa applications.

Running head: AUSTRALIAN MIGRATION LAW AND PRACTICE
Australian Migration Law and Practice
Name of the Student
Name of the University
Author Note

1AUSTRALIAN MIGRATION LAW AND PRACTICE
Discussion
Sub: A Comprehensive Letter of Advice
Dear Anna,
It is notified to you about the details of the migration process where you have obtained a
registration for being a migration agent in Australia. Therefore a huge of obligation has lied for
you where it is necessary to follows the Code of Conduct as per the Migration Act 1958. There is
a special standard in the code of conduct where the migration agents are bound to follow them
while they are practicing in the practical field. The clients whom they are conducting, towards
them it is their duty to provide services in a proper ethical and lawful ways1.
The code of conduct set such legislation where it helps to control, monitor and regulate
the migration agents as per the conducts. it is also helps you to know that the Code of Conducts
is legislate by the Section 314 of the Migration Act 1958 and which is also mentioned in
Schedule 2, Regulation 8 of the Migration Agents Regulations 1998. The Migration Agents
Registration Authority (MARA) is the only regulatory bodies were the Code of Conducts is helps
to perform. Therefore the authority also mentioned such legislations where it has been mentioned
that if the registered migration agents have breached the Code of Conducts then they can loss
their registration and also finned with penalties2.
According to the case study, it has been found that she has recently got the registration
from the Migration Agents Registration Authority (MARA) and started to practice in the new
1 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.
2 Fitzgerald, J., Leblang, D. and Teets, J.C., 2014. Defying the law of gravity: The political economy of international
migration. World Politics, 66(3), pp.406-445.

2AUSTRALIAN MIGRATION LAW AND PRACTICE
field. The sec- 303(1) of the Migration Act provides the legislations where it has been mentioned
about the acts of the Migration Agents Registration Authority who has rights to take legal actions
against the migration agent who fails to maintain the Code of Conducts then they can cancel the
authority of the registration of the migration agent3.
The Code of Conducts has some particular of aim which includes:
 It helps to set and establish a particular standard of conducts for the registered
migration agents.
 The minimum attributes where the migration agents have the ability to complete
works according to the codes4.
 Therefore the migration agents are also requires having the enough ability to
know about the legislation of the Migration Act and Migration Regulations ad
other relevant legislations which are applicable in Australia5.
 This is the duty of the migration agent that they will act with honesty and
diligently.
 The dealing with the clients also requires having fair terms where they must
understand the issues of the migration agents and act according to the proper way
of dealing with the clients who will come to them6.
3 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
4 Fitzgerald, J., Leblang, D. and Teets, J.C., 2014. Defying the law of gravity: The political economy of international
migration. World Politics, 66(3), pp.406-445.
5 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.
6 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.

3AUSTRALIAN MIGRATION LAW AND PRACTICE
 They are also requires to have the ability to manage and control the issues of the
clients. It is important to establish a relationship between the migration agent and
client.
 The code of conducts also set such provisions where it is important to follow the
accurate process while they are conducting with the migration process for their
clients.
 According to the process of the agents are required to set charges for the
processing fees of the migration acts. it is the duty of them that they will solve the
disputes of the clients who facing issues7.
In this Case, though Anna has the authority of the migration agent, she has no experience
in the practical field. As she has got the order from a reputed client she has put wrong
information about her experience in the practice field of migration agent. Therefore for her own
benefits in her practice field she has breach the code of conducts of the migration agents. She has
already taken the advanced payment for the processing of the migration agent. Now she is bound
to provide every service to her client. Now according to the code of conducts the migration agent
is not supposed to intimate with any conducts under the manipulation of cultural or ethnic
exercise which is against of the ethic practices. Therefore she has breached the duty of the
migration agent according to the code of conducts. The registered agents is requires to have the
ability work according to the code of conducts8.
7 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.
8 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.

4AUSTRALIAN MIGRATION LAW AND PRACTICE
The migration agent registration authority MARA is introduced the self regulation
migration process for the migration agents where they follow their duties towards the clients
while they are conducting with the visa process for the migration purposes9. The migration a
chance has several do it is towards the client where they must perform according to the code of
conducts. They are supposed to provide services regarding the migration process and they are
also paid for their services. The migration agents are supposed to provide services and Advisors
for the immigration assistance where they can get financial benefits for providing services they
have the knowledge to process for the immigration for their clients where they know the
migration act, migration Regulation and other migration procedure which are related with several
policies and procedures10. While they assisting their clients they should have the intent to assist
that person where they also it able to provide the proper information if any conflict arises then it
is the duty of the migration agent that they should solve the issues and the applied for the
immigration services while the migration agents are charging to their clients for the services. It
also necessary to ask about proper charges which are not affects the client’s financial condition.
Therefore it is also necessary that the Advisors which they are providing should mentioned orally
or in writing because then must not hold out any unsubstituted or unjustified prospects which
acids the ultimate success for that client11.
In addition to the situation it also mentioned that are not provide any wrong information
of documentation in the migration authority because it will may cause penalties for breach of
contract. The visa processing is depends accounting to the visa process by the migration agents
9 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.
10 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
11 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.

5AUSTRALIAN MIGRATION LAW AND PRACTICE
and if any extra circumstances or any qualification or any modification the migration agents are
required to have more face then they can provide the information to the client along with the
service charges. The Other constitution charges are different12. The part 3 of the migration Act
1958 the section 312 has legislate the provisions where the migration agents while providing
services as per the immigration service towards the client where they must provide the
information about the notification regarding the visa applications. It has been processed under a
process which helps to the migration agents that they should work according to the best interest
and must apply the appropriate existing law of provision regarding the issues of the client. the
conflict should not placed while the migration agents are working on any issues and they are
performing their services13.
If any issue occurs which affect the clients then they can terminate the services by the
migration agent. The agents must have and insurance where they can provide services towards
the clients who are having any financial losses at the time of processing then the regulation of
6B. While the migration agents are putting any advertisement on the Internet therefore they must
are required to put the agency name and the registration number which helps to provide a
detailed information about the service provider14.
The migration agents are also put the duties towards their clients where they must provide
the details about the written consent which is required for the process in migration. If they agreed
with the offer then they should have a copy of the consumer services and make a record for the
process. The other possible details are also must collect by the migration agent. They are also
12 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.
13 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.
14 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.

6AUSTRALIAN MIGRATION LAW AND PRACTICE
bound to the duties where they are not allowed to disclose any details about dear client’s
information who are conducting the immigration services15.
Now as you are making the application for a Business Talent visa class EA subclass
132, it is necessary to follow some requirements to lose the valid visa application. It is a
permanent residence visa which not defines as investment visa. When a person who is under the
age of 55 they got a special permit for permanent residence due to their excellent commercial
background and who are high net worth people16. This visa provides the services to the
candidates who want to settle in a particular Territory or State of Australia for setting up a
business and which also makes exceptional economic advantages to that particular Territory of
that state then this visa will give the opportunity for those visa candidates who want to Grab the
opportunity17.
While the applicant apply for this visa they must have write an application to submit an
expression of interest (EOI) through the online Visa and immigration facilities. It also provides
more than one Australia Business Talent visa class EA subclass 132 under a particular stream of
Venture Capital Entrepreneurs Stream and the Significant Business History Stream18. The
significant business history stream provides the authority for the prosperous owners all the part
where they are interested to maintain key management role in that existing business. In the other
hand the venture capital entrepreneurs streams provide search significance where the applicants
15 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.
16 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.
17 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.
18 Casas-Cortes, M., Cobarrubias, S., De Genova, N., Garelli, G., Grappi, G., Heller, C., Hess, S., Kasparek, B.,
Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and borders. Cultural Studies, 29(1),
pp.55-87.

7AUSTRALIAN MIGRATION LAW AND PRACTICE
who received at least Aud1 million in funding from any Australian venture capital group for the
purpose of the business. The basic requirements for the application of business telling visa
subclass 132 the candidate must submit the UAE they must have the nomination from any
Australia Territory or State Administrative the person should be aged below 55 years they must
have possesses businesses and other resources which net value should be AUD 1.5 million19.
There are some major benefits for the applicant who got the permanent business visa of
subclass 132 where they can set up a new or build up a business and also allow the family
members to stay with them in Australia stream is a visa where the applicant will have an
indefinite period of residency and along with the business purposes20. That person can apply for a
job and pursue the studies under this visa application there also register for Medicare the Nations
popular program for health associated care and expenses in Australia as being the citizen of
Australia they can file a petition and the other family members are also entitled to offered the
permanent residence21.
Therefore it is necessary for the migration agent to follow up all the information and must
process on the visa application according to the code of conducts and migration Act 1958.
Thank you.
19 Crawford, R. and Macnamara, J., 2014. An agent of change: Public relations in early twentieth-century Australia.
Pathways to public relations: Histories of practice and profession.
20 Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford
University Press.
21 Aas, K.F. and Bosworth, M. eds., 2013. The borders of punishment: Migration, citizenship, and social exclusion.
Oxford University Press.

8AUSTRALIAN MIGRATION LAW AND PRACTICE
Reference
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social exclusion. Oxford University Press.
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Kasparek, B., Mezzadra, S., Neilson, B. and Peano, I., 2015. New keywords: migration and
borders. Cultural Studies, 29(1), pp.55-87.
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century Australia. Pathways to public relations: Histories of practice and profession.
Dowd, A.C., Pak, J.H. and Bensimon, E.M., 2013. The role of institutional agents in promoting
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economy of international migration. World Politics, 66(3), pp.406-445.
Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective.
Stanford University Press.
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Migration Act 1958
Smith, D., Payne, D., Horne, M. and Claridge, D., 2016. Developments in Australian migration.
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