Graduate Diploma in Migration Law: Practitioner Legal Skills Report

This report examines the practical legal skills required for Australian Migration Law practitioners, using a scenario involving a newly appointed migration agent and their client, Mr. Xi Lau, as a case study. The report analyzes the agent's obligations under the Migration Agents Regulations 1998, em...Read More

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Practitioner Legal Skills for
Australian Migration Law
Student Name:
Student Number:

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Table of Contents
Introduction.................................................................................................................................................2
Main context................................................................................................................................................2
Answer 1)................................................................................................................................................2
Answer 2)................................................................................................................................................4
Conclusion...................................................................................................................................................6
References...................................................................................................................................................7

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Introduction
The primary aim of the paper is to provide legal skills in terms of the Australian Migration Law.
In order to determine this, a scenario has been provided that is helpful in enhancing the legal
skills of a person. According to the scenario, the newly appointed migration agent faced
problems in managing its first client and for this reason, the educational opportunities are
required by the agent that will be analyzed throughout this paper. Furthermore, the obligations
taken by the migration agent under the Migration Agents Regulation 1998 will be analyzed in
this paper.
Main context
Answer 1)
After reviewing the scenario, it is clear that the newly appointed migration agent faced issues in
providing proper assistance to its client Mr. Xi Lau. Being a new and inexperienced officer in
this field, the migration agent lacked confidence in lodging the application of Business Talent
Visa to its first client. Due to this reason the client, Mr. Lau becomes offended and unsatisfied
with the working procedure. Therefore, to reduce the negative impact from the client, it is
necessary that the migration agent should make lists of proper obligations under the Migration
Agents Regulations 1998 so that it can satisfy the client’s demands1. The registered migration
agent should clearly demonstrate its obligation towards the client Mr. Lau so that it increases the
trust of the client towards the agent. Hence, the obligations that should be followed by the
migration agent to decrease the negative impact of the client are as follows:
1 Renshaw, “Migrating for work and study: The role of the igration broker in facilitating workplace exploitation,
human trafficking and slavery."

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 The appointed migration agent has the responsibility to reserve the privacy of the client,
Mr. Lau
 The migration agent who has been newly registered must not be allowed to disclosed or
disclose any confidential information2 about Mr. Lau as well as his business without any
written consent given by the client
 Once the migration agent has decided to work for the client, then before beginning the
work, the migration agent must deliver the following things:
a) The agent must deliver Mr. Lau with a copy of the consumer guide. A consumer
guide is a manuscript made by the Authority where data regarding legislation,
regulating the profession, functions of authority and migration advice profession
has been clearly mentioned. In addition, it also demonstrates the complain process
and roles of the registered migration agent.
b) A recorded copy has been provided by the agent to Mr. Lau.
 The registered agent must notify Mr. Lau that they are permitted to receive copies of their
application under the Migration Regulations and Migration Act3 and any other related
data only when Mr. Lau want the copies of it. If Mr. Lau wants any copy then a certain
charge have to be paid by him to the migrating agent.
 A registered migration agent must possess a telephone number or address, where the
client can easily contact the agent during regular working business hours.
 If a registered agent changes the telephone number, address or any other information that
has been recorded on the Register of Migration Agents, the migration agent must have to
give written notice to the Authority, the Department and also to Mr. Lau.
2 Wells, "No longer a'migration agent': Reforms to the regulation of lawyers practising in immigration law."
3 Búzás, "Evading international law: How agents comply with the letter of the law but violate its purpose."

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 The notice given by the migration agent will be on the advance basis or within a time
frame of fourteen days after the changes of the respective address and telephone
numbers4
 The migration agent that has been registered must ensure that his client Mr. Lau can
make proper access as an interpreter if required by the client.
Hence, these are the obligations under Migration Agents Regulations 1998, which should be
followed by the newly registered migration agent towards the client Mr. Lau.
Answer 2)
From the scenario, it is seen that the newly registered or appointed migration agent faces issues
in managing the client Mr. Lau and it causes a negative impact of the agent on the respective
client. In order to reduce these issues, proper experience in lodging Business Talent Visas is
necessary for the concerned migration agent5. It is seen that the Australian migration laws are
very complex and they are constantly changing with time. Hence, proper knowledge, experience,
and educational quality are required for the newly appointed migration agent to cope up with the
ever-changing law aspects. The educational opportunities that should be necessary for this
newly registered migration agent shows that he must be properly trained from the senior officers
or managers of the Australian Department of Immigration6.
The training will easily enhance the experience level of migration agent regarding the policy as
well as operational areas of the work. In other words, the migration agent must have knowledge
regarding the immigration aspects in terms of certain diverse areas such as law, hospitality,
4 Nisbet, "Expanding the field of view: the role of agricultural employers in street-level immigration policy
implementation."
5 Kevin and Agutter, "The ‘unwanteds’ and ‘non-compliants’:‘unsupported mothers’ as ‘failures’ and agents in
Australia’s migrant Holding Centres."
6 Manthorpe et al., "‘We’re effectively becoming immigration officers’: social care managers’ experiences of the
risk work of employing migrant care workers."

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human resources, economics and commerce, distribution and manufacturing aspects7. The agent
must possess the idea of reading all these aspects because in future, they may deal with various
business practices and an idea regarding several business procedures will be considered as
important for the agent.
Besides this, the educational qualification that should be useful is that the newly registered
migration agent must possess a diploma of leadership and management by which he can easily
manage the working procedure as well as the clients too. By having proper knowledge of
management and leadership practices the migration agent cannot face any sorts of problem in
answering to their clients8. In addition, their hesitation towards the clients may get reduce if they
are properly trained as well as educated. Hence, these are various opportunities that should be
undertaken by this newly registered migration agents in order to enhance their experience over
this lodging Business Talent Visas working procedure.
7 Hirsch, "The Borders Beyond the Border: Australia’s Extraterritorial Migration Controls."
8 Sarkar and Perényi, "Education agents as competitiveness enhancers of Australian universities by
internationalisation facilitation."

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Conclusion
The scenario reveals that the newly appointed migration agent faced problem while interacting
with the client Mr. Lau. Therefore, to make a positive impact on the client towards him proper
obligations has been followed by the agent. The obligations that are followed are under the
Migration Agents Regulations 1998 which will help the migration agent to enhance the trust of
Mr. Lau. In addition, diploma courses and proper training is necessary for the agent to increase
his experience and knowledge in lodging Business Talent Visas working process.

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References
Búzás, Zoltán I. "Evading international law: How agents comply with the letter of the law but
violate its purpose." European Journal of International Relations 23, no. 4 (2017): 857-
883.
Hirsch, Asher Lazarus. "The Borders Beyond the Border: Australia’s Extraterritorial Migration
Controls." Refugee Survey Quarterly 36, no. 3 (2017): 48-80.
Kevin, Catherine, and Karen Agutter. "The ‘unwanteds’ and ‘non-compliants’:‘unsupported
mothers’ as ‘failures’ and agents in Australia’s migrant Holding Centres." The History of
the Family 22, no. 4 (2017): 554-574.
Manthorpe, Jill, Jess Harris, Martin Stevens, and Jo Moriarty. "‘We’re effectively becoming
immigration officers’: social care managers’ experiences of the risk work of employing
migrant care workers." Health, Risk & Society 20, no. 3-4 (2018): 113-125.
Nisbet, Elizabeth. "Expanding the field of view: the role of agricultural employers in street-level
immigration policy implementation." Administration & Society 50, no. 8 (2018): 1097-
1124.
Renshaw, Lauren. "Migrating for work and study: The role of the igration broker in facilitating
workplace exploitation, human trafficking and slavery." Trends and Issues in Crime and
Criminal Justice 527 (2016): 1.
Sarkar, Anirban, and Áron Perényi. "Education agents as competitiveness enhancers of
Australian universities by internationalisation facilitation." Entrepreneurial Business and
Economics Review 5, no. 4 (2017): 61-89.

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Wells, Lydia. "No longer a'migration agent': Reforms to the regulation of lawyers practising in
immigration law." Brief 44, no. 9 (2017): 25.