Analysis of Primary Legal Sources in Australian Migration Law

This report provides an analysis of the primary legal sources that migration agents and lawyers in Australia must refer to. It identifies the Migration Act 1958, the Migration Regulations 1994, and the Migration Agents Regulations 1998 as the key legislative documents. The report explains the interrelationship between these sources, highlighting that the Migration Act is the overarching legislation, with the regulations providing specific details and codes of conduct. It discusses the roles of the Office of the Migration Agents Registration Authority, and emphasizes that compliance with the Migration Act inherently implies compliance with the regulations. The report references relevant case law and scholarly articles to support its analysis, providing a comprehensive overview of the legal framework governing migration practice in Australia.

ASSIGNMENT

Primary sources of law required to be referred by migration agent or
migration lawyer:
Migration Agents Regulations 1998, Migration Regulation 1994 and Migration Act 1958 are
the primary sources of law which is required to be referred by migration agent or migration
lawyer. Migration law is part of administrative law as it deals with decision made by Minister
or his/ her delegation1. Further migration law is regarded as federal area of law. Section 51 of
the Constitution specifies powers available with Parliament which comprises development of
law relating to immigration and emigration.
The manner in which Migration Agents Regulations 1998, Migration
Regulation 1994 and Migration Act 1958 are interrelated:
Migration Agent Regulation 1998 comprises the code of regulation 1994 as well as the other
legislation which are relating to migration procedure. Further, Migration Agent Regulation
1998 is developed under statutory rules no. 53, 1998 of Migration Act 1958. On the other
hand Migration Regulation 1994 has been construed as per statutory rules no. 268, 1994 of
Migration Act 19582. The fact represent that both these regulation are part of Migration Act
1958, thus provisions comprised in same cannot overrule the provisions of Migration Act
1958.
The main body which is involved in development of Migration Agent regulation 1998 and
Migration Regulation 1994 is Office of Migration Agent Registration Authority. Migration
Act 1958 was passed by British Parliament in order to be enacted as constitution. Further, the
specified act can be changed or develop in accordance with rule specified in section 128 of
the constitution. However, it is necessary that the proposed change is approved as bill by
federal parliament. Afterwards, the same is forwarded to the governor –general in order to
issue the writ so that the referendum can occur.
1 Juss, Satvinder. “Introduction: Critical Approaches to Migration Law. [2015]. Volume 22
International journal on minority and group rights”.1-16
2 Migration Regulation 1994 (Cth)

The main object of Migration Act 1958 is to regulate in accordance with national interest, the
coming into as well as presence in Australia of non-citizens3. Further, in order to advance the
object it has been specified in the Act that it allows visas for entering as well as to remain in
Australia. It has been intended by Parliament that the act is only the source relating to right of
non-citizens to enter as well as remain in country. However, the act provides that the non-
citizens whose presence is not allowed in accordance with the provision of this act are
required to be removed or departed from the country. On the other hand the main object of
Migration Agent Regulation 1994 is to develop appropriate code of conduct for registered
migration agent so that it could become a fit and proper person for giving immigration
assistance. It requires an agent to complete professional development as per provision
specified in Migration Agents Regulations 19984. All these legislation require migration
lawyer as well as agent require performing their obligation in diligent and honest manner so
that they could deal with client in fair manner. It has been specified that the code does not
provide exhaustively the act as well as the omission the migration agent require to act
accordance with provision of Migration Act 19585. Through assessing the provision of above
legislation it can be analysed that if migration agent and lawyer complies with Migration Act
1958 it consequently complies with Migration Regulations too.
3 Migration Act 1958(Cth)
4 Migration Agents Regulations 1998(Cth)
5 Andrew Cope. Australian immigration companion : practical problems and solutions with
an introduction to migration law and visa application procedure.( Migration Institute of
Australia, 4th Edition, Sydney, 2010).

Bibliography
Cope Andrew. Australian immigration companion : practical problems and solutions with an
introduction to migration law and visa application procedure.( Migration Institute of
Australia, 4th Edition, Sydney, 2010).
Satvinder Juss,. “Introduction: Critical Approaches to Migration Law. [2015]. Volume 22
International journal on minority and group rights”.1-16
List of Legislation
Migration Act 1958 (Cth)
Migration Agents Regulations 1998(Cth)
Migration Regulation 1994(Cth)