Graduate Diploma in Migration Law

LML6001- Practitioner Legal Skills for Australian Migration Law

Assessment Task Part 1A- Semester 1, 2022

Student ID- s4670918

Student Name- Avleen Kaur
Obligations under the new Code of Conduct
The new Migration (Migration Agents Code of Conduct) Regulations 2021 provides
several guidelines on the conduct of migration agents and imposes certain new
obligations on the migration agents1. In this regard it is important to understand all the
obligations that a migration agent has under this new code of conduct 2. Section 13 of
the Code talks about general duties to act as a professional. In here section 13(1)(b)
says that a migration agent must act competently which means that an agent must be
able to exercise proper professional skills and show competency while providing
services to the client3. In addition to that section 17 says that a migration agent must
comply with the migration law4. This means that an agent cannot conduct
himself/herself without adhering to all the migration laws. Similarly, compliance with
migration law requires an agent to have sufficient skill and knowledge. This has been
enshrined under section 22 where an agent is required to have sufficient knowledge
and skill so that he/she can give advice and migration assistance with professional
competence5. This is of utmost importance especially when there is an introduction of
new laws and guidelines for the conduct of migration agents. Another though general
but important obligation of migration agents is given under section 34 of the Code
which says that it is the duty of the migration agents to inform the clients about any
conflict of interest6. In addition to that an agent must also ensure that his/her client is
always informed about the progress of immigration matters. Another obligation
imposed on the migration agent by the Code is in relation to maintaining financial
records and charging fees from the clients. Section 49 of the Code says that an agent
must not charge any amount that is not mentioned in the service agreement and also
ensure that in case such a thing happens, the client is informed and given the itemised
invoice that contains all the details7. In this regard an agent also has to ensure that the
clients are given all the due receipts and invoices for the amounts that are paid.
Hence, an agent has to be aware of all the invoices and receipts that are sent to clients
even if a bookkeeper exists for assistance.

1
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth).
2
Department of Home Affairs, ‘Code of Conduct’, (n.d),
https://www.mara.gov.au/tools-for-registered-agents/code-of-conduct.
3
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.13(1)(b).
4
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.17.
5
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.22.
6
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.34.
7
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.49.

Student ID- s4670918

Student Name- Avleen Kaur
Application
From the given factual situation it can be seen that I am a registered migration agent
and have the obligation to have sufficient knowledge of migration laws and code of
conduct. This is one of the basic requirements as given under section 13(1)(b) to have
sufficient professional competence to be able to assist the clients in relation
immigration matters. Now in case I am not well versed with the new code of conduct
this will lead to the violation of section 17 of the Code which says that I must comply
with migration laws. Therefore without having complete knowledge of the new code
of conduct, I will not be in a position to comply with migration laws. This is also a
requirements as per section 22 of the Code. As I also face several situations where
there exists conflict of interest because of multiple clients, section 49 imposes
obligation on me to inform the clients about any form of conflict that exists and might
exists between me and my clients.
As per the factual scenario, I have lodged three visa applications for a client out of
which two have been rejected by the concerned authority because the client did not
meet the requirements for the concerned visa. Even though the client accepted that the
Department of Home Affairs had been unfair to the client, in fact I could have done
much better if I had sufficient knowledge about the new Code and migration law. This
shows professional incompetence and is a violation of the code of conduct for the
migration agents. This means that until I obtain sufficient knowledge and expertise of
the newly introduced laws and regulations, I should not go forward with such visa
applications especially when it is out of the common professional domain. As I
mainly deal with Partner visa applications, it is automatically difficult for me to
handle matters relating to Skilled Employer Sponsored Regional visas. Now in
addition to that as per section of the new code of conduct, I must be aware of all the
transactions that take place with the clients and also be aware of all the invoices and
receipts that are sent to the clients. As per the facts, I do not check the invoices and
receipts that are sent to the client rather these are done by the bookkeeper. This again
might lead to a violation of section 49 as the bookkeeper might over look some detail
and over charge the clients contrary to what is contained in the service agreement.
Being uninformed about payments, invoices and receipts might also lead to a

Student ID- s4670918

Student Name- Avleen Kaur
violation to section 51 of the Code which says to not receive any amounts from client
unless a service agreement is in place8.

Steps to implement to meet the obligations

In order to ensure that all the obligations under the new code of conduct are met, it is
essential for me to obtain all the statements and records from the clients in writing.
This will not only provide documented evidence but also protection against fraudulent
and misleading conduct of some clients. As client relationship breakdown occurs
sometimes, it is important for me to ensure that I inform my clients about any form of
conflict of interest that might exist between me and my clients. It is also important
that I keep my clients informed about progress of matters and also ensure that I notify
the client in case a matter is not within my expertise. This ensure compliance with
section 22 of the Code when I inform my clients about any conflict of interest. Lastly,
as per the requirement of section 49, I have to be aware and check all the invoices and
receipts that are sent to the client to ensure compliance with the Code and prevent any
violation of section 51 of the Code. Being a registered migration agent it is my duty to
be aware of financial transactions.

8
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.51.

Student ID- s4670918

Student Name- Avleen Kaur
Bibliography
A. Legislation
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth).

Student ID- s4670918

Student Name- Avleen Kaur
 Bibliography
A. Legislation
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.51.
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.49.
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.34.
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.22.
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.17.
Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) s.13(1)(b).

B. Web source
Department of Home Affairs, ‘Code of Conduct’, (n.d),
https://www.mara.gov.au/tools-for-registered-agents/code-of-conduct.

Student ID- s4670918

Student Name- Avleen Kaur