LAWS8167 Australian Migration Law


How has the Agent complied to the Code of Conduct as per sections 303(1)(h), and 314(1) of Act regarding immigration assistance provided for SPPL and SY?

Is the Authority satisfied that the Agent has no integrity?

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If the Authority is satisfied that the Agent does not have the integrity or ability to give assistance to immigrants pursuant to section 331(1)(f) of Act, can it caution or cancel the Agent’s registration?


Migration Solutions Pty LTD has accepted Tarik Georges’ default or noncompliance with the code of conduct for Migration Act 1958.

Migration Solutions Pty Ltd. wanted to inform you, however, that the principal has made a non-compliance. Details of the same have been provided below so that we can make the appropriate decision regarding the agent.

A decision made in the best interest and dependence on the Client

According to clause 2.8, registered migration agent must verify the instruction in writing with the client he represents within a reasonable amount of time after an agreement.

Then, follow clients’ instructions.

Clients should be kept informed by the agent in writing of any progress made on any case or submission.

Once the case or submission has been decided, the agent must inform the client.

In this instance, the agent did not provide any facts about the closure of the business because it would have negatively affected visa acceptance.

The operations were stopped previously but were resumed.

So, the agent was able to perceive that things were the same as they had been before and made the decision to obtain additional details and documents from his client.

Clause 22.1 states that an agent must act in client’s interest.

Agents have followed this requirement.

The agent must disclose the success of prospect applications to clause 2.6. However, it shouldn’t force an application.

It can be concluded that the agent reached a decision after considering client interest.

The agent did not attempt to reassess SY’s immigration path and other options.

In the event that the same results result in a negative impact on visa applications, it’s not appropriate to make a final decision without further investigation.

Divergence of interest

Conforming to clause 2.1A of Registration Migration Agent (RMA), it should not allow an individual to become a client if he holds any of the following vested interest:

The agent was familiar with the individual and had previous dealings with them.

Any other interest of the agent that might influence the legitimate interests of the client.

Clause 2 B states that, if registration migration becomes a conflict of interest that is stated in clause 2.1A, the agent should take into account the following requirement from its clients within fourteen days:

Inform clients about conflict of interests

Advise clients that, in accordance with the code, he cannot act on behalf of them.

Recommend to the client to find another job.

The agent ceases to work for the client, in agent’s capacity, like a registered immigration agent.

In this instance, Tarik George (the agent) stated that SPPL did not count as a vigorous customer after the conclusion of an issue with them.

It can also be argued that the agent is subscribing to the management.

SPPL appears to not be representing the Agent as a client.

SPPL called two agents to inform them of their closing of the business.

This was done by the agent who emailed his client prior to the decision regarding his visa application.

SPPL and SY were required to receive similar confirmations from the agent at the time SPPL was resuming its functions.

This may have been done to avoid a possible conflict of interest.

Tarik has not followed the instructions of SPPL and has instead claimed that SY is correct.

Since the conflict between SPPL’s interests and SY is very complex, Tarik fails in the proper handling of the same and also fails to adhere to clauses 2.1A and 2.1B.

Suggestion on Modification of Circumstances

RMA (Registered Migration Agent), in accordance with clause 2.19, must provide sufficient pertinent information to department or reconsider authority to allow a complete evaluation of all information against a relevant criteria.

RMA must avoid the submission of an application under the Migration Act or Migration Regulation. This is to ensure that the information does not duplicate the conditions of the person or the unfairness of the prospect of agreement.

Tarik did not inform the department of any changes in circumstances. SPPL had closed its business five weeks after the initial SPPL call. SY was approved for a visa.

Because of the importance of altering circumstances in SY’s application for visa, failure to provide the data to the Department by the agent is a grave breach of clause 2.19 and the migration legislation that requires visa applicants to inform them about changes in conditions.

Inexplicable Document

Clause 2.9 prohibits RMAs giving misleading details to the department of visa appliance.

Tarik has consented to deceptive information from the department by acquiescing in an employment contract among SPPL, SY, despite being aware that SPPL was closed.

This implies a clear, barefaced refusal to obey the clause.

The Contract For Fees And Services

According to the provisions of clause 5.2, registered migration agents are required to offer a contract for fees and services to their clients.

Tarik acknowledges that he didn’t provide SPPL (a contract relating services) because he hadn’t recognized this was a requirement when clients are not paying fees.

Additionally, Tarik stated that he discussed with other RMAs the fact that an Agreement should be prepared to suit every client.

Conflict of interest has been significantly contributed to by the failure of the agent clause 5.2 to be observed. This contract would have required that the agent was more mindful of his duties towards SPPL.

Migration Solution Sydney Ltd’s decision to determine whether the agent is a suitable and appropriate person or ‘a man of integrity’ is based on the relevant case law and section 29 of the Migration Act.

Both the descriptions and the qualities are complementary as they both relate to knowledge and experience of the agent. The other is related to moral qualities or ethics that the agent follows.

Section 290, Migration Act 1958 states that an applicant shouldn’t be registered if he isn’t a person of integrity and not fit and proper.

One subsection of section 290 states that an applicant shouldn’t be registered if MARA, which is the Migration Agent Registration Authority, determines that the applicant does not meet the requirements to provide migration assistance.

The act’s subsection 2(a) states that MARA should consider the applicant’s familiarity with the migration process when deciding whether or not the applicant is fit and proper.

Shiv Migration Agents Registration Authority HCA 31 Tribunal ruled against the agent. The Migration Agent Registration Authority, (MARA), revoked registration of Mr Shi.

Based on 98 breaches by the agent of the code for conduct under the Migration Act, the decision was made.

This was in relation to the administration and financial records of the office and the management of staff.

Many who violate the code may apply for protection visas.

MARA stated that Mr Shi wasn’t reliable or fit enough to offer assistance in migration.

Mr Shi requested reconsideration by the Administrative Appeals Tribunal, (AAT), to overturn the revoking decision.

MARA appealed the Federal Court of Australia. The Federal Court of Australia has accepted MARA’s application that AAT had made an error of the law. MARA sought to know if Mr Shi was proven not to be reliable or fit and proper to provide assistance in migration.

He has also applied to the Full Court of Federal Court. But, the appeal was denied by many of them.

The High Court was subsequently appealed.

Court agreed that AAT did not have to take into account all evidence, including those that were present during MARA’s decision.

AAT also has the power to execute any powers and prudence claimed through MARA through Migration act. A majority of individuals agreed that AAT was allowed to entail restrictions when cautionary Mr Shi lifted the prudence.

It is allowed by the Migration Act to caution an agent and to specify restrictions to lift caution. The majority of the individuals claimed that the AAT might carry out these authorities.

Their Honours stated that they are fit and proper. It is possible to ask whether inappropriate conduct occurred, if it is likely, or if it could be assumed it will not.

Recognizedly, inappropriate conduct occurs when the agent fails to follow the various sections of the code.

It is possible to evaluate the probability of the agent not following the code in the future. This evaluation can then be prepared by defining a query that is based on judgment and not fact.

To notify this judgment, it is necessary to consider certain risks.

There are two types of non-compliance that can be described as agent behavior.

Primarily, when he has acknowledged his rebelliousness, sought advice from other agents regarding the correct process, or recognized his own curative actions, and accepted duty and expressed regret.

It is possible to prove the same by stating that Tarik had agreed that SPPL would issue him a contract.

Tarik recognizes that he should also have independently substantiated SY’s claim SPPL had re-opened its business.

Additionally, he acknowledged that he didn’t follow the code in certain areas. He stated his willingness to learn from them and said he would perform differently in future.

This can be used to assess that Tarik’s future conduct will conform with the code.

An additional type of non-compliance increases the likelihood of being apprehensive.

It can also be explained that the agent, who failed to acknowledge his duties and has taken back responsibility on SY, is still in his position because he does not understand the migration legislation.

It was notable that the agent continued to operate, citing it was SY’s duty to inform the department of any changes in conditions or cancellations of visa applications.

There are reasons the agent gave for his actions, and they were that he was acting according to SY’s instructions. SY was responsible for incorrect attributes.

Tarik also asserts that SY can revoke the visa application. Such a belief demonstrates a basic ignorance of immigration legislation.

A case law Peng and Department of Immigration and Multicultural Affairs [1998] AATA12[26] allows us to conclude that the moral character is sound.

The case described integrity as the’soundness, moral principle, honesty, and uprightness’.

Tribunal also asserted that honesty and truth are the two main ways to evaluate moral character.

These aspects will be evaluated in the evaluation of Tarik’s character as he provided SPPL and SY services and submitted documents to the department.

Non-compliance of Agent by making SY liable for the event and not acting according to SSPL’s instruction.

It is impossible to overlook the failure and that this conduct did not demonstrate integrity in certain matters.

But, it cannot be stated that the same cannot also be considered an embedded character flaw. This will not determine future conduct.

After evaluating the seriousness and consequences of agent’s conduct, disciplinary actions can only be taken.

To assess the same aggravating elements, it is necessary to analyse them. This will increase the agent’s responsibility and reduce agent’s liability.

Section 2.17 provides that RMA should not help clients to draft an application under the Migration Act and Migration Regulations if they are abominably unfounded. This includes applications that do not have the expectation that success.

If the client would like to draft the application, the agent should get the advice document.

RMA must follow the instructions of the client and adhere to the deadlines set out in clause 2.18.

In many cases, a visa application must be submitted before it is cancelled according to the Migration Act/Migration Regulations.

Clause 2.19 relates to the obligation of the agent of providing adequate information to either the department or the re-examine authorities to enable complete evaluation all figures related the the case.

RMA should avoid submitting a Migration Regulation or Migration Act application in a manner that does NOT imitate the conditions and prejudice the view of the agreement.

RMA should agree to the Authority’s mediation procedure regarding grievances and resolution.

Authority must evaluate the compliance of agents with the above-described clauses in order to initiate disciplinary action.

When analyzing behaviour, the following variants are considered: criminal behaviour, behavior that lacks appropriate knowledge or skill, continuing occurrence of indecent behaviour, and behaviour that shows blatant disregard.

In order to maintain SY’s visa, the agent’s inability to provide appropriate information can be called a most crucial variant.

SY’s Visa was rejected because the information provided by the agent was incorrect or he didn’t submit or act in accordance to the client’s instructions.

Even though the truth was known, incorrect information indicates that the agent did not care or show any consideration.

This is the extreme serious behaviour that is suspected to be responsible for cancellation of registration of a migration agent:

SPPL instructions are not to be broken.

Setting expectations from SY regarding guidance to be given in regards to immigration assistance

It is not in the best interest SY to take a decision.

Unsolicited advice about immigration options, including success or non-availability.

SPPL: Service not provided

It can be concluded that Tarik’s non-compliance with the terms of his registration was moderate after analyzing his conduct.

It would therefore be unfair for him to cancel his registration.

Therefore, it is clear that the SPPL is also liable in some way that he did no clarify after Tarik’s notification.

The business was closed earlier and SPPL has recommenced its operations later. Tarik then assumed the business would resume.

Based on the same assumption, he continued the visa application. This was not acceptable because Tarik had to confirm with SPPL that their business would recommence in the future. He also said that he would continue the application.

Agent accepted the fact that his inexperience had led to some mistakes. He is now ready to take full responsibility for any mistakes or improper actions.

These steps demonstrate that an agent is trustworthy and committed to his profession.

Furthermore, the Authority has not received any complaints regarding agent service.

According to us, the agent tried his best in solving the problem and gave all relevant facts in a professional manner.

He is open to making necessary changes to his service delivery methods. The following factors can be used to prevent future non-compliance.

In order to provide high-level immigration and professional services to its client, the agent should not be allowed to work for more than eight months.

He must also be able to comply with RMA standards.

According to registered authority, the agent must complete ten continuing education points.

The agent must also attend seminars, workshops and meetings, as well as webinars and training programmes, and pursue related degrees, diplomas and certificates.

Tarik should sign up for the CPD programme to learn the operation and practice so that future mistakes can not be made.

Tarik said that the mistake was due to inexperience and that he will continue to exercise as per the regulations.

In order to take the correct decision, the person who provided the lessons should submit a written report to the authority.

Additionally, the agent must provide written notice that he will not provide service during the suspension period.

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Language (2018).

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