Code of Conduct

PART 2: STANDARDS OF PROFESSIONAL CONDUCT
2.1
A migration agent must always:

(a) act in accordance with the law and the legitimate interests of his or her client; and
(b) deal with his or her client competently, diligently, fairly and without any conflict of interest that would affect the legitimate interests of the client.

2.2
If a migration agent:

(a) gives advice of a non-migration nature to a client in the course of giving immigration assistance; and
(b) could receive a financial benefit because of the advice; the agent must tell the client in writing, at the time the advice is requested or given, that the agent may receive a financial benefit.

2.3
A migration agent s professionalism should be reflected in a sound working knowledge of the Migration Act and Migration Regulations, and other legislation relating to migration procedure, and a capacity to provide accurate and timely advice.

2.3A A migration agent's professionalism should be reflected in the making of adequate arrangements to avoid financial loss to a client. The Authority recommends the holding of adequate professional indemnity insurance as a suitable arrangement.
2.4
A migration agent must have due regard to a client s dependence on the agent s knowledge and experience.

2.5
A migration agent must:

(a) take appropriate steps to maintain and improve his or her knowledge of the current versions of:

(i) the Migration Act 1958; and
(ii) the Migration Regulations 1994; and
(iii) other legislation relating to migration procedure; and
(iv) portfolio policies and procedures; and
(b) maintain a professional library that includes those materials.
Note: An agent must satisfy the requirements for continuing professional development set out in Schedule 1 to the Migration Agents Regulations 1998.
2.6
To the extent that a migration agent must take account of objective criteria to make an application under the Migration Act or Migration Regulations, he or she should be frank and candid about the prospects of success when assessing a client s request for assistance in preparing a case or making an application under the Migration Act or Migration Regulations.

2.7
An agent who is asked by a client to give his or her opinion about the probability of a successful outcome for the client s application should not hold out unsubstantiated or unjustified prospects of success when advising clients on applications under the Migration Act or Migration Regulations.

2.8
A migration agent must:

(a) within a reasonable time after agreeing to represent a client, confirm the client s instructions in writing; and
(b) act in accordance with the client s instructions; and
(c) keep the client fully and regularly informed in writing of the progress of each case or application that the agent undertakes for the client; and
(d) within a reasonable time after the case or application is decided, tell the client in writing of the outcome of the client s case or application.

2.9
2.9 While a migration agent cannot be responsible for misinformation provided by a client, an agent must not make statements in support of an application under the Migration Act or Migration Regulations, or encourage the making of statements, which he or she knows or believes to be misleading or inaccurate.

2.10
A migration agent must not engage in false or misleading advertising, including advertising in relation to:

(a) the agent s registration as a migration agent; or
(b) the implications of Government policy for the successful outcome of an application under the Migration Act or Migration Regulations; or
(c) guaranteeing the success of an application.

2.11
A migration agent must, when advertising, include in the advertisement the words Registered Migration Agent Number, followed by the agent s individual registration number.

2.12
A migration agent must not, when advertising, imply the existence of a relationship with the Department of Immigration and Multicultural Affairs (the Department) or the Authority, for example by using terms such as:

(a) Australian Government registered; or
(b) Migration Agents Registration Authority registered; or
(c) DIMA registered.

2.13
A migration agent may indicate that he or she is registered, and may describe what the registration process involves.

2.14
However, a migration agent must not portray registration as involving a special or privileged relationship with the Minister, officers of the Department or the Authority, for example to obtain priority processing, or to imply that the agent undertakes part or full processing for the Department.
2.14A A migration agent must not represent that he or she can procure a particular decision for a client under the Migration Act or the Migration Regulations.

2.15
A migration agent must not intimidate or coerce any person for the benefit of the agent or otherwise. For example, an agent must not engage in any of the following:

(a) undue pressure;
(b) physical threats;
(c) manipulation of cultural or ethnic anxieties;
(d) threats to family members in Australia or overseas;
(e) untruthful claims of Departmental sanctions;
(f) discrimination on the grounds of religion, nationality, race, ethnicity, politics or gender.

2.16
A migration agent with operations overseas may indicate that he or she is registered in Australia, but should not create an impression that registration involves accreditation by the Commonwealth Government for work overseas for the Commonwealth or for a client.

2.17
If an application under the Migration Act or the Migration Regulations is vexatious or grossly unfounded (for example, an application has no hope of success) the agent:

(a) must not encourage the client to lodge the application; and
(b) must advise the client that, in the agent s opinion, the application is vexatious or grossly unfounded; and
(c) if the client still wishes to lodge the application - must obtain written acknowledgement from the client of the advice given under paragraph (b).

2.18
A migration agent must act in a timely manner if the client has provided all the necessary information and documentation in time for statutory deadlines. For example, in most circumstances an application under the Migration Act or Migration Regulations must be submitted before a person s visa ceases to be in effect.

2.19
Subject to a client s instructions, a migration agent has a duty to provide sufficient relevant information to the Department to allow a full assessment of all the facts against the relevant criteria. For example, an agent should avoid the submission of applications under the Migration Act or Migration Regulations in a form that does not fully reflect the circumstances of the individual and prejudices the prospect of approval.

2.20
A migration agent must:

(a) find out the correct amount of any visa application charge and all other fees or charges required to be paid for a client s visa application under the Migration Act or the Migration Regulations; and
(b) tell the client the amount of each fee and charge; and
(c) if the agent is to pay an amount for the client - tell the client the date by which the amount must be given to the agent so that the interests of the client are not prejudiced; and
(d) give the client notice of each amount paid by the agent for the client.

2.21
A migration agent should not submit an application under the Migration Act or Migration Regulations without the specified accompanying documentation. For example, in a marriage case, threshold documentation would include a marriage certificate and evidence that the sponsor is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, without which assessment of the case could not proceed (unless the agent has a reasonable excuse or the client has requested the agent to act despite incomplete documentation).

2.22
If a migration agent:

(a) has been registered:

(i) on a non-commercial, or non-profit, basis; or
(ii) as a member of, or a person associated with, an organisation that operates on a non-commercial, or non-profit, basis; but

(b) starts to act:

(i) on a commercial, or for-profit, basis; or
(ii) as a member of, or a person associated with, an organisation that operates on a commercial, or for-profit, basis - the agent must tell the Authority about the change as part of the agent's next registration application.

2.23
A migration agent must take all reasonable steps to maintain the reputation and integrity of the migration industry.

2.24
This Code is a responsive document that will change from time to time to meet the needs of clients and to ensure the delivery of relevant, up to date advice.

Note:
An agent must satisfactorily complete the requirements prescribed by the Migration Agents Regulations (1998) for continuing professional development.

Back Next

Kaoshiung Office
21F-1, No. 175, Jungjeng 2 Rd, Shinshing Chiu, Kaohsiung, Taiwan 800
Tel: (07) 223 3533 Fax: (07) 222 8233
E-mail: heavenlybird@mail2000.com.tw

Brisbane Office
Sunnbank Timesquare, 250 McCullough St, Sunnybank, QLD 4109, Australia
Tel: (07) 3219 6666 Fax: (07) 3219 6699
E-mail: consultant@aust-infor.com

Qingdao Office
Room 4035, 268 Ningxia Road Shinan District
Qingdao, Shandong, PR.China
Tel:86-532 - 578 4180 577 0464 Fax: (532) 5784180
Email:info@oz-sino.com