LML6002 Task 1: Student Visa Application Analysis and Code of Conduct

This assignment analyzes a case study involving a student visa application (Subclass 500) in Australia. The student, having overstayed her visitor visa, seeks assistance from a registered migration agent. The assignment addresses whether the student can lodge a valid student visa application, considering her overstay and visa conditions. Furthermore, it assesses potential breaches of the Migration Agents Regulations 1994 by the migration agent, examining issues such as providing advice, client confidentiality, and fee arrangements. The analysis references relevant legislation, including the Migration Act 1958, the Migration Regulations 1994, and the Code of Conduct for registered migration agents. The agent's actions are evaluated based on the code, highlighting failures in communication, disclosure of client information, and adherence to professional standards. The assignment concludes by identifying specific clauses of the regulations breached by the agent, emphasizing the importance of ethical conduct and compliance in migration law practice.

LML6002 – Task 1
Victoria University
College of Law & Justice
Migration Law
LML6001 Practitioner Legal Skills for
Australian Migration Law
Task 2
Name: Alper Kayadibi
Student No: s3671823
Name: Alper Kayadibi Student Number: s3671823

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LML6002 – Task 1
Table of Contents
Question 1: Would Anna be able to lodge a valid visa application for a Student
(Subclass 500) visa in Australia...................................................................................2
Question 2: What breaches, if any, would you have committed, under the Migration
Agents Regulations 1994.............................................................................................5
Bibliography..................................................................................................................7

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LML6002 – Task 1
Question 1: Would Anna be able to lodge a valid visa application for a
Student (Subclass 500) visa in Australia?
Alper Migration Services
3/44 Heller Street, Brunswick West, 3055, Australia
P: 03 93805031 - E: [e-mail]
17 August 2019
Ms Anna Walker
6 Ledger Avenue
Fawkner 3060
Victoria, Australia
Dear Ms Walker,
RE: YOUR STUDENT VISA(TU) (SUBCLASS 500) APPLICATION
Thank you for visiting our office and seeking advice on your visa queries. I have
assessed the information you provided on lodging the student visa application while you
remain in Australia.
I understand that you came from Estonia on visitor visa 600, that expired a week ago
and overstayed in Australia, which also means you do not hold any valid visa currently.
Moreover, you desire to obtain a student visa 500 to continue your master studies in
graphic design.

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LML6002 – Task 1
I noticed that your last held valid visa had two conditions imposed, which were 8101 and
8503, these conditions have significant importance for the visa holder, and it must be
adhered to during the stay, otherwise, the visa will be subjected to cancellation. As per
the condition 8101, you must not work in Australia and 8503 that is no further stay
condition which prevents you from making new valid visa application other than a
protection visa.1 The 8503 condition can be waived by the minister if any exceptional
circumstances exist beyond your control.2
However, unfortunately, I must state that you do not satisfy the requirements for lodging
the valid visa application for student visa 500. The relevant regulation does not allow
you to apply for the student visa. It only applies for people that held student, special
purpose or diplomatic (temporary) visas prior to their applications; then they can apply
for the student visa within 28 days since that last substantive visa is ceased.3
You mentioned, during our consultation, that people without a valid visa could apply for
the student visa after overstaying in Australia, and your friend was able to obtain her
student visa. As I explained, every person has a different condition.
I want to stress the importance of your current position in Australia that you overstayed
and are unlawful due to your expired visa according to the Migration Act 1958 (Cth).4
When you apply for the visa, you agree to comply with the conditions and the
requirement that you stay temporarily and leave Australia before your visa expiry date. 5
You are at high risk since you do not hold any valid visa which would allow you to stay
in Australia lawfully. Accordance with the act the officer of the department may detain
you.6
Therefore, you must take immediate action within 28 days from the day when your last
substantive visa expired, otherwise you may face serious consequences. If you delay
1 Migration Regulations 1994 Sch8, cl 8101; cl 8035
2 Migration Regulations 1994 r 2.05(4)
3 Migration Regulations 1994 Sch1, Item no 1222(4)
4 Migration act 1958 (Cth) s14(1)
5 Migration Regulations 1994 Sch2, cl 600.21
Department of Home affairs, https://immi.homeaffairs.gov.au/visas/visa-about-to-expire/leave-australia
6 Migration act 1958 s189(1)

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LML6002 – Task 1
your unlawful status and stay in Australia more than 28 days, your will face 3-year
exclusion period when you want to return to Australia as per the regulation.7
You will also face challenges in your future visa applications because of the risk that
you might overstay in your future stays.8
Consequently, the department is expected you to leave Australia once the visa expired.9
I would suggest you contact the department to obtain a bridging visa E which will allow
you to remain legally and sort out your immigration status in Australia.10
We can assist you in applying for your bridging visa application. Should you wish to, we
may also assist you to obtain your student visa offshore while you are in Estonia.
Please do not hesitate to contact me if you have further questions or any clarification.
Yours sincerely,
Alper Kayadibi
Registered Migration Agent
MARN Number: 1234567
7 Migration Regulations 1994 Sch4, cl 4014
8 Migration Regulations 1994 Sch4, cl 4011
9 https://immi.homeaffairs.gov.au/visas/visa-about-to-expire#content-index-1
10 https://immi.homeaffairs.gov.au/visas/visa-about-to-expire/leave-australia

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LML6002 – Task 1
Question 2: What breaches, if any, would you have committed, under
the Migration Agents Regulations 1994
Section 314 of the Migration Act 1958 (Cth) imposes the standards of the code of
conduct for the registered migration agents.11 The code is held in Schedule 2 of the
Migration Regulations 1994 (Cth).12 The registered migration agents bound by the
provisions of this code and any non-compliance behavior shall make them face
disciplinary action under section 303(1) of the Act.13
According to the provisions provided in clause 2.8(4)14 of the regulations, it is the duty of
the registered migration agent to keep all of his/her clients well notified regarding the
updated information of the progress of the case assigned to him by such clients. Further
he has the duty to notify the result of the case assigned within reasonable time. Clause
3.1 states that it is the duty of the agent to maintain the confidentiality of his clients.
Further, clause 3.2 enumerates that the agent has the duty not to reveal any
confidential matter of a client to other without a written consent from that client.
Moreover, it comes within duty of the agent to provide the client with an Agreement for
services and fees in relation to the service to be provided by him, fees details as given
in clause 5.2 of the Regulation.
From the facts of the case of the instant assignment, it is seen that the agent was
contacted by another client named Isabella regarding her application for Student sub
class 500 visa. She is also friend of Anna. The agent failed to give time- to- time
updates of her visa application. Further, her visa was granted 7 days back. Even this
information relating to the outcome of the visa application was not shared by the agent
with Isabella. All these show that clause 2.8 of the said Regulation is breached. Further
11Migration Act 1958 (Cth) s314.
12Migration Agents Regulations 1998 (Cth) sch 2.
13Migration Act 1958 (Cth) s303(1).
14 Migration Agents Regulations 1994- Schedule 2, clause 2.8(4).

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LML6002 – Task 1
the client Anna and the migration agent when met together in the office to discuss about
the visa application, the agent took a fees of 200 $ from her. For this, he only provided
him a copy of the Code of Conduct. This again showed that he had breached clause
5.215 of the said Regulation. Moreover, the agent informed Anna that Isabella’s visa
application was granted without taking any permission from her. This again showed that
clauses 3.1 and 3.2 are breached.
Thus from the facts of the case and the discussion made above, it is seen that the
migration agent had violated Clauses 2.8, 3.1, 3.2 and 5.2 of the Migration Agents
Regulations 1994 as he had not complied with the particulars of these clauses.
Other code of conduct issues that needs to be mention;
- The agent shared Isabella’s information with Anna Schedule 2, clause 3.1
- Must not disclose another client’s information Schedule 2, clause 3.2
- Must inform the client about the decisions in timely manner 2.8(4)
15 Ibid., clause 5.2.

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Bibliography
Migration Act 1958 (Cth).
Migration Agents Regulations 1998 (Cth).
Migration Regulations 1994 (Cth).
Department of Home Affairs, Code of Conduct & Practice Guides (24th July 2019)
https://www.mara.gov.au/becoming-an-agent/professional-standards-and-obligations/
code-of-conduct/

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Department of Home Affairs, Subclass 858 Distinguished Talent Visa (24th July 2019)
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/distinguished-talent-
858#Overview
"No Further Stay Waiver", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visa-conditions-subsite/Pages/no-further-stay-waiver.aspx>
Australian Code of Conduct
Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/protection-866>
Immi.Homeaffairs.Gov.Au (Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/student-500>
Migration Agents Regulations 1994- Schedule 2, clause 2.8.
Migration Regulations 1994- REG 2.05
The Migration Act 1958.