LML6001 Migration Law: Agent's Responsibilities and Code of Conduct

This report analyzes the ethical and legal responsibilities of registered migration agents under the Migration Act 1958 (Cth) and the Migration Agents Regulations 1998 (Cth). It examines the Code of Conduct, emphasizing transparency, honesty, and the protection of client confidentiality while also mandating agents to report significant changes in client circumstances that could impact visa decisions, such as in the case of a Partner (temporary) visa subclass 820/801 application. The report further addresses the requirements for applications like the Distinguished Talent Visa subclass 858, highlighting the need for agents to demonstrate proficiency, professionalism, and thorough verification of client documentation to avoid misrepresentation or false assurances. The report concludes by emphasizing the importance of adhering to the Code of Conduct to maintain ethical standards and ensure the integrity of the visa application process. It provides a framework for agents to navigate complex situations, ensuring compliance and protecting both the client and the Department of Home Affairs.

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

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Registered migration agents are bound by the provisions laid down under the
Migration Act 1958 (Cth) and the Migration Agents Regulations 1998 (Cth). Section 314 of
the Migration Act 1958 directs that the registered migration agents to follow a standard or
code of conduct for maintaining a work ethics and discipline towards the client and the
Department of Home Affairs (Department) which is the regulatory body1. The Code of
Conduct for the migration agents is held under Schedule 2 of the Migration Agents
Regulations 19982. In case of non-compliance with the Code of Conduct, the agent will be
held liable under section 303(1)(b) of the Migration Act 1994 (Cth)3.
Partner (temporary) Visa subclass 820/801
The Code of Conduct laid down under Schedule 2 of the Migration Agents
Regulations requires the agent to be transparent and honest with the client as well as the
Department which would facilitate the better judgment pertaining to the processing and
acceptance or rejection of visa application. As per the provisions held under part 2.9 of the
Code of Conduct, a registered migration agent is required to provide correct and relevant
information to the Department so that it could conduct a detailed assessment in regard to
every visa application submitted. As per part 2.9A of the Code of Conduct, collusion between
an agent and his client pertaining to the manipulation of a visa application, thereby providing
incorrect information or withholding a significant information is strictly prohibited under law.
According to part 3.1 of the Code of Conduct, an agent is required to secure the
confidentiality and maintain the privacy of his client; however such an action should not
encourage the agent to withhold a sensitive information from the Department which could
make the authority change its decision pertaining to the acceptance of rejection of an
application. In addition, a registered agent should provide his client with the service of
1 Migration Act 1958 (Cth), s 314.
2 Migration Agents Regulations 1998 (Cth).
3 Migration Act 1994 (Cth), s 303 (1)(b).

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contract with him along with a statement of code of conduct that is meant to be adhered to by
the agent.
In the given case, an applicant who had filed for a Partner (temporary) visa subclass
820/801 with the help of the newly registered agent has ended her relationship with her
partner yet does not want to let the Department know about this change in situation of her
relationship. This information is significant for the Department to make a valid decision
pertaining to the acceptance or rejection of the visa application due to the change in situation
of the applicant. The registered migration is aware of this change and therefore inform the
same to the Department as it is a part of his obligation towards the authority. Even though an
agent is required to secure the confidential information of his client, yet in this case the
information is likely change the decision of the Department towards the particular visa
application due to the change in situation of the applicant. Therefore it is important for the
agent to furnish this information to the Department in this situation. The newly registered
agent shall be penalized if he fails to inform the Department about this change in situation of
his client.
Therefore, the newly registered migration agent is advised to disclose the change in
situation of relationship of his client against the Partner (temporary) subclass 820/801 visa as
such decision might make the Department change their decision regarding the application.
Distinguished Talent Visa subclass 858
A newly registered migration agent must take care in regards to filing critical visa
applications like the Distinguished Talent visa application that involves checking and
confirming minute details, so that he does not file incorrect application under correct
subclass. Part 2.1(b) of the Code of Conduct makes an agent responsible for the best interest
of the client, thereby asking him to carry out his duty diligently. Part 2.3 of the Code asks the

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migration agent to be professional and proficient along with bearing a knowledge of
migration law while advising his client. An agent must not charge unreasonably even though
he has no fixed fees as mentioned by part 5.1 of the Code. Part 2.7 of the Code restricts the
agent to give false assurance in regard to the acceptance of a visa application. Similarly, as
per part 2.17, the agent must convey it to the client in case his application is grossly
unfounded. Part 2.14A restricts an agent to present false connection with the Department
pertaining to procuring favourable decision for the client.
In the given case, it is extremely important for the newly registered migration agent to
show proficiency, professionalism and a sound knowledge of migration law pertaining to the
Distinguished Talent subclass 858 visa application as it is only allowed to applicants with
international recognition and record of outstanding achievement in the field of art, sports,
profession, academics and research4. The agent must make sure that the documents provided
by the client that proves the criteria of Distinguished Talent Visa is authentic before
submitting them to the Department. Such scrutiny is significant in order to check the merit of
the application, for an application with merit would only waste the time and money of the
applicant which is to be avoided by the agent. In this case, the agent is advised to check
whether the application is vexatious or grossly unfounded. In addition, the agent must restrict
himself from falsely assuring the client in regard to a positive result of the application, for it
would amount to a gross violation of his Code of Conduct.
Therefore, it could be advised to the newly registered migration agent that he must
make sure that the documents provided by the client to establish his distinguished talent must
be verified before presenting it before the Department, which would save the agent from
making any mistake regarding this visa application.
4 "Subclass 858 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-858#Overview.

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Bibliography
Legislation
Migration Act 1958 (Cth)
Migration Act 1994 (Cth)
Migration Agents Regulations 1998 (Cth)
Official Website
"Subclass 858 Distinguished Talent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-
858#Overview.