Legal Obligations and Code of Conduct for Australian Migration Agents

This report provides a comprehensive analysis of Australian immigration law, specifically focusing on the obligations and code of conduct for registered migration agents. It begins with a letter of advice outlining the procedural, ethical, and accounting requirements that agents must adhere to, referencing the Migration Act 1958 and the Migration Agents Regulations 1998. The report details the importance of providing information booklets, maintaining client records, and acting honestly and ethically. It also addresses the ethical considerations regarding advertising, client interactions, and the handling of client information. Furthermore, the report explores the accounting requirements for managing client funds and maintaining accurate records. The second part of the report addresses a specific case scenario, examining the obligations of a registered migration agent when an employee is not paid according to contractual terms, as per the 457 visa norms. The report emphasizes the agent's responsibility to mediate and ensure both parties' rights are protected, referencing the Fair Work Act 2009. The report concludes with a bibliography of relevant sources.

Student name:
Student number:
Australian immigration law

Student name:
Student number:
TABLE OF CONTENTS
Letter of advice..........................................................................................................................3
Question 2..................................................................................................................................7
Obligation of registered migrant agent in terms of code of conduct......................................7

Student name:
Student number:
LETTER OF ADVICE
To
Jeffrey Jacob
Migrant agent
Sub: Description of procedural, ethical and accounting requirements required to be complied
by them in consulting of Wood engineering (Civil engineering firm in Geelong, Victoria)
Dear Sir,
This letter is in response to guide you regarding procedural, ethical and accounting
requirements with reference to Migration Act 1958, the Migration Agent regulations 1998
and related code of conduct. Described aspects are mandatory to be complied to satisfy your
legal and professional obligations in an appropriate manner. Non-compliance of described
aspect can lead to adverse consequences such as legal claims and penalties.
Procedural requirement
Regulation 9A - Information booklet: This document is required to be provided by Jeffrey
to their potential client’s, i.e. Wood engineering which contains information related to
legislations, functional activities of MARA, their work approach and complaint process in
case they are not satisfied1.
Subsection 305C (2): In accordance with the provisions covered in this section, prescribed
information and documents from the client should be contained and stored. The information
contains contact information; their date of birth and other relevant details such as description
about Josephine Ladders. The client must be provided with departmental client number and
1 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.

Student name:
Student number:
client reference number issued. Further; prescribed document contains copies of files
(ledgers, account documents and other related financial statements) provided by the client.
To a certain extent, an agent is required to assess objective principle for the aim of
preparing application under the Migration Regulations or Migration Act. Further, the agent
must be honest and straightforward in order to predict the success while considering the
request of the client for help in making a case or preparing application according to the Act or
Regulations2. An agent is needed to drive discretion to measure the possibility of achieving a
successful return. The agent should not continue to be unsubstantiated or develop unfounded
success scenario while advising clients regarding applications according to the Act or
Regulations.
An agent should offer a written statement attached to the application form also
mentioning the full name of the individual, registered migration agent contact and the total
fee of the agent for each concerned case. The agent must also give his/her signature to the
declaration or to the existence of the provision, or the application form where he/she helped
in organizing, mentioning his/her full name and contact.
Ethical requirements
Migration Agents Regulations 1998: Registered migrant agent must act as per legal
provisions and legitimate interest of their clients without having the intention of unjust
benefit. Jeffrey is ethically obliged to perform their services in a diligent and honest manner.
Further, they must be able to deal fairly with clients with their own will. While advertising;
they must not imply their relationship with any authority or department such as Migration
Agents Registration by making use of words like Authority registered or Australian
Government registered or Department registered.
Contract dealing with the clients must be free from all kind of coercions as Jeffrey
must not be involved in providing threats, manipulation, untruthful claims or other similar
aspects to the clients. In addition to this, they must complete their work on a timely manner
by considering necessary documents and information in statutory deadlines.
2 MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2. Commonwealth Consolidated Regulations.
Retrieved from < http://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.

Student name:
Student number:
By considering a code of conduct for migration agents Agent of registered migration
should never disclose or permit to get disclosed, personal information of clients or business
of client without the written consent of client until obligatory by the law. According to the
Migration Act or Migration Regulations, the agent should report to the client that they are
allowed to get application copies or any associated copies they want. The agent must charge
realistic amount from the client by providing the copies.
Fees have no legislative extent. However, registered migration agent is required to
charge realistic amount or fee by considering the case. The expertise of registered migration
agent should be revealed in a sound working knowledge of the Migration Act and Migration
Regulations, and other regulations regarding the procedure of migration, and ability to offer
correct and well-timed advice3. Under Migration Act section 280, all the immigration help
should be specified by an official and registered migration agent. By considering the given
case situation; Jeffrey had clarified the fees and upfront charges along with the mode of
payment and same had been assumed to be justifiable as it is accepted by the client.
Along with this; a registered migration agent is required to describe the procedures for
mediation to client recommended by the Authority for resolving and handling the complaints
by the client against them.
Accounting requirements
The agent must maintain accounts separate for the operating expense concerned with
the case of client and fees and payment received in exchange for assisting in the case with the
respective name and referral number associated with the client’s account. The agent should
hold out the fees provided by the client in the account until and unless the assigned work has
been completed by the agent4. The agent is entitled to withdraw the payment anytime from
the account of the client for expenses that are needed to be made to the Department of
Immigration and Multicultural Affairs, or any other related agency, on behalf of the client.
The agent should maintain records of client’s account inclusive of the date when the
deposit was made on the account of the client, inclusive of the sign of the deposit purpose and
3 Code of Conduct for Migration Agents - Australian Government. Service summary. Retrieved from <
https://ablis.business.gov.au/AG/pages/d6c55bf2-0f42-448e-97c8-c7cff24eba27.aspx>.
4 MIGRATION AGENTS REGULATIONS 1998 - REG 7A. Commonwealth Consolidated Regulations.
Retrieved from < http://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/s7a.html>.

Student name:
Student number:
information regarding withdrawals made from the account of client. Further; any of the
receipt/payment clients has made to the agent and invoices copies or financial statements
provided regarding the account. An agent is required to maintain records of the clients’
account accessible for assessment and inspection appealed by the Migration Agents
Registration Board5. Provisions covered under Clause 28 or 28A doesn’t impact the
responsibilities of a migration agent, as he/she is an authorized practitioner and acts to assess
the funds of clients in relation to the appropriate law regarding authorized practitioners.
Disbursements and out of pocket expenses
 Professional fees
 DIBP Fees
 National Visas fees
 Administration fees for legal services such as documentation post-lodgement
Requirements regarding valid visa application for a Class UC sub-class 457
 There must be legal, operational business
 Specification of number of workers
 There must be intention of sponsorship of 457 workers for the establishment of new
business in Australia by linking with an overseas business or have intention to
sponsorship of 457 workers to satisfy contractual norms for employers in Australia6
 Must not have any adverse information7
 Must have required skills in concerned with the post for which they are nominated
By complying with the above-described aspects; Jeffrey Jacob will be able to assist
Wood Engineering regarding the consultancy of sponsorship of Josephine Ladders in terms of
civil engineer underneath the Class UC sub-class 457 Temporary Business Entry visa. Jeffrey
Jacob is required to adhere above described procedures strictly and guides their employees
5 MIGRATION AGENTS REGULATIONS 1998 - REG 7A. Commonwealth Consolidated Regulations.
Retrieved from < http://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/s7a.html>.
6 Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer, 2014.
7 Australian Temporary Work Skilled 457 visa/ Retrieved from <
http://www.workpermit.com/immigration/australia/australian-temporary-work-skilled-457-visa>.

Student name:
Student number:
regarding the same to ensure their acts are in accordance with the code of conduct described
by Migration Act 1958 and the Migration Agents Regulations 1998. Disciplinary work
approach will assist them in the prevention of non-compliance of these procedures and to
redeem their task in ethical and legal manner.
From
XYZ
Date: 19-Aug-20XX
Signature
QUESTION 2
Obligation of registered migrant agent in terms of code of conduct
In accordance with the given case scenario; Josephine has been not paid as per the
contractual norms, and same has been confirmed by Wood Engineering. In the concerned
case situation, migration agent has an obligation to assist Josephine as Wood Engineering had
breach the provisions of migration law as their act is in contradiction with the obligation
imposed by the employer by rules under 457 Visa Holders & Applicants8. However, the
direct decision cannot be provided by considering facts of only one party. Henceforth, they
are required to organise a formal meeting in which rights and obligations stipulated for
sponsor and employee should be explained supported by provisions of Migration Act 1958.
As this case is concerned with workplace rights & entitlements, thus Migration agent should
also involve provisions of Fair Work Act 2009.
This entire proceeding must be in support of the rights provided by The Fair Work
Ombudsman and the Department of Immigration and Border Protection (DIBP) to Josephine.
Further, the employer must be asked why they have reduced the wages and to assure whether
8 Webb, Sue. "‘It's who you know not what’: migrants' encounters with regimes of skills as
misrecognition." Studies in Continuing Education 37, no. 3 (2015): 267-285.

Student name:
Student number:
the same is supported by legal aspects9. According to visa application for the Class UC sub-
class, 457 norms wages can be reduced only if one or more of following aspects are satisfied:
 Reduction is in benefit of employee
 Authorised with the term of agreement, award or order of Fair Work Commission
order
 Authorised by law
If the reduction is justified, they agent must assure that payment provided by a
sponsor is less than or equal to minimum pay provided to Permanent residents/ Australian
citizens who are engaged in the execution of equivalent work at their workplace10. They are
also required to pay as per market salary rates instead of considering the previous minimum
level of salary11.
By considering the case of both parties, they should create a win-win situation in
support of law and describe the cause and consequence of entire issue. These proceeding
must be documented and stored for future legal proceedings. It is because entire documents
concerned with the case will act as evidence.
Registered migration agent must be fair and non-partial and must behave ethically. They
are obliged to provide fair guidance to both parties along with the consequence of their
actions. In addition to this, they must try to resolve the dispute initially without getting
involved with the court. However, if the party does not agree with the developed suggestion
then they should assist them in the further legal proceeding, but they must support a party
whose actions are justified and not by considering their personal benefit in the situation.
9 Dodson, Scott. "An Opt-In Option for Class Actions." Mich. L. Rev. 115 (2016): 171.
10 Boese, Martina, and Kate Macdonald. "Restricted entitlements for skilled temporary migrants: the limits of
migrant consent." Journal of Ethnic and Migration Studies 43, no. 9 (2017): 1472-1489.
11 Market Salary – 457 Visa Holders & Applicants. Retrieved from < http://myaccessaustralia.com/market-
salary-457-visa-holders-explained/>.

Student name:
Student number:
BIBLIOGRAPHY
Australian Temporary Work Skilled 457 visa/ Retrieved from <
http://www.workpermit.com/immigration/australia/australian-temporary-work-skilled-457-
visa>.
Boese, Martina, and Kate Macdonald. "Restricted entitlements for skilled temporary
migrants: the limits of migrant consent." Journal of Ethnic and Migration Studies 43, no. 9
(2017): 1472-1489.
Code of Conduct for Migration Agents - Australian Government. Service summary. Retrieved
from < https://ablis.business.gov.au/AG/pages/d6c55bf2-0f42-448e-97c8-
c7cff24eba27.aspx>.
Dodson, Scott. "An Opt-In Option for Class Actions." Mich. L. Rev. 115 (2016): 171.
Francis, Ronald D. Birthplace, migration and crime: the Australian experience. Springer,
2014.
Groutsis, Dimitria, Di van den Broek, and Will S. Harvey. "Transformations in network
governance: the case of migration intermediaries." Journal of Ethnic and Migration
Studies 41, no. 10 (2015): 1558-1576.
Market Salary – 457 Visa Holders & Applicants. Retrieved from <
http://myaccessaustralia.com/market-salary-457-visa-holders-explained/>.
MIGRATION AGENTS REGULATIONS 1998 - REG 7A. Commonwealth Consolidated
Regulations. Retrieved from <
http://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/s7a.html>.
MIGRATION AGENTS REGULATIONS 1998 - SCHEDULE 2. Commonwealth
Consolidated Regulations. Retrieved from <
http://www.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html>.
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.
Webb, Sue. "‘It's who you know not what’: migrants' encounters with regimes of skills as
misrecognition." Studies in Continuing Education 37, no. 3 (2015): 267-285.