Immigration Law: Obligations of Registered Migration Agents Report

This report examines the obligations of registered migration agents in accordance with the Migration Agent's Code of Conduct and relevant Australian legislation, focusing on ethical practices and legal requirements. It outlines the responsibilities of agents in assisting visa applicants, including ensuring proper documentation, adhering to the code, and providing honest advice. The report highlights the importance of registration, contract requirements, and compliance with supplementary legislations such as the Migration Act 1958 and the Migration Agent Regulations 1998. It emphasizes the consequences of non-compliance, including potential criminal charges, and the agent's duty to act ethically and avoid fraudulent activities. The report underscores the agent's role in protecting applicants' rights and providing accurate information, thereby ensuring a fair and transparent immigration process.

Running head: IMMIGRATION LAW
IMMIGRATION LAW
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Author Note

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Obligations of a Registered Migration Agent (as per the Code of Conduct)
A Registered Migration Agent is an officer who aid applicants in obtaining Visas
depending on the class of Visa that is applicable for the individual. This aids immigrants obtain
Visas through a less tedious process as they have an agent to guide them through the process of
documentation and obtaining the ultimate approval for the application. These agents are
registered and are thus officers of the government. Thus, the individuals acting in the capacity of
migration agents must abide by a code of conduct that ensures that these agents only engage in
ethical practices when discharging their duties1. This is relevant as most individuals migrating to
a new country would not be accustomed to the practices and procedures followed there and may
be a victim of fraud or misrepresentation. This is known as the Migration Agent’s Code of
Conduct. The following paragraphs will enumerate the obligations of a Migration Agent as
envisaged by the Code when providing aid relating to migration of individuals.
In light of the abovementioned considerations the first obligation prescribed by the
Migration Agent’s Code of Conduct is that in order to undertake or engage in any activity
relating to the migration of an individual the agent must be registered under the code as a
Registered Migration Agent. This is provided for at Section 314 of the Migration Agent’s Code
of Conduct2. This is essential as it has been stated that by virtue of the provisions of Sections
280, 281 and 282 of the Migration Agent’s Code of Conduct. These provisions prohibit an
1 Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens: Membership in a changing
world. Brookings Institution Press, 2013.
2 Fitzgerald, Jennifer, David Leblang, and Jessica C. Teets. "Defying the law of gravity: The political economy of
international migration." World Politics 66.3 (2014): 406-445.

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individual from acting in the capacity of a Migration Agent unless the individual is registered
under Section 314 of the Migration Agent’s Code of Conduct3.
In the given scenario it can be inferred from the fact that the person has applied for a
Visitor Visa (subclass 600). Thus in light of this fact in the current scenario the registered
migration agent’s second obligation is to ensure that the person applying for the visa has
completed all of his/her prerequisites under the application that need to fulfilled in order to
obtain a Visa of that specific class. Incidental to this obligation, it is expected that the migration
agent would ensure that the client has delivered all the required certified documents that need to
be submitted to the Department of Immigration in Australia. These would include biographical
data including copies of the individual’s passport in order to ensure a swift identification process.
This identification process would require additional documents such as the individual’s birth
certificate and a financial statement of funds indicating the individual’s financial position. Thus,
it would be an obligation on the registered Migration agent to ensure that these documents are
furnished by the individual at the time of submitting the application for the visa4. In case the
individual in migrating for the purpose of visiting a family member it must be established that
the family member holds sufficient funds by providing financial statements of the same.
A step forward, towards more ethical practices among migration agents is taken to ensure
that the rights of the individuals applying for the Visa are not infringed and that they are
protected from fraud and misrepresentation was brought in 2012. This was through an
amendment of the Migration Agent’s Code of Conduct. This amendment dictated that for a
registered migration agent to undertake activities relating to migration of individuals the
3 Aas, Katja Franko, and Mary Bosworth, eds. The borders of punishment: Migration, citizenship, and social
exclusion. Oxford University Press, 2013.
4 Schuck, Peter H. "Law and the Study of Migration." Migration Theory. Routledge, 2013. 247-266.

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migration agent would have to draft a written contract which would be executed among both the
parties. This would ideally ensure that the applicant is aware of the services to be rendered by the
registered migration agent and has a clear idea of the finances involved in the same. In these
cases the registered migration agent must also ensure that all regulations prescribed under the
Migration Agent’s Code of Conduct are adhered to. In case of a failure to do so the migration
agent’s registration would be liable to cancelled or suspended. It may also lead to a declaration
barring the individual from acting in the capacity of a migration agent in the future as has been
laid down in judicial decisions.
It must also be mentioned here that the Migration Agent’s Code of Conduct does not
encompass the entirety of a registered migration agent’s duties. There are supplementary
legislations such as Migration Agent Regulations 1998 and the Migration Act 19585. The
prescriptions of these acts must be adhered to by the migration agent in order to ensure an
adequate discharge of his duties. In many cases a breach of the duties prescribed under the code
and under these acts would lead to criminal charges against the registered migration agent. The
entire point of this is to ensure that applicants are not unfairly disadvantaged due to fraudulent
activities. As envisaged in the act, if a migration agent provides falsified documents or provides
the applicant with fraudulent or misleading information the same would amount to a criminal act
and would attract relevant penalties. It must also be stated that migration agents must ensure that
they do not provide the applicants with advice or aid for any other purpose other than the ones
prescribed for s registered migration agent in exchange of monetary gain. In light of ethical
discharge of duties the migration agent is tasked with providing the applicant with honest advice
which is aligned with the ethical principles prescribed in the act. It is also prescribed under
5 McAdam, Jane. "Australia and asylum seekers." (2013): 435-448.

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Section 313 of the Migration Agent’s Code of Conduct that the migration agent must provide the
applicant with a statement of services and if the same is not provided the migration agent may
have to compensate the applicant monetarily6.
6 Phillips, Janet, and Harriet Spinks. "Immigration detention in Australia." Parliamentary Library 20 (2013): 1-8.

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Bibliography
Aas, Katja Franko, and Mary Bosworth, eds. The borders of punishment: Migration, citizenship,
and social exclusion. Oxford University Press, 2013.
Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens: Membership
in a changing world. Brookings Institution Press, 2013.
Fitzgerald, Jennifer, David Leblang, and Jessica C. Teets. "Defying the law of gravity: The
political economy of international migration." World Politics 66.3 (2014): 406-445.
McAdam, Jane. "Australia and asylum seekers." (2013): 435-448.
Phillips, Janet, and Harriet Spinks. "Immigration detention in Australia." Parliamentary
Library 20 (2013): 1-8.
Schuck, Peter H. "Law and the Study of Migration." Migration Theory. Routledge, 2013. 247-
266.