LML6001 – Practitioner Legal Skills for Australian Migration Law

Mr Albert Wong, a citizen of China, is your first client and you are most anxious to assist him with his application for a Class AX, subclass 103 Parent (Migrant) Visa.  You agree with Albert that your fees will be $2,250 inclusive of GST plus the DIBP’s application fees on the basis that the application and submission will take approximately 15 hours to complete at $150 per hour. What are your obligations in relation to the Code of Conduct? (You do not need to address the merits of the case or prepare an agreement for fees and services or a statement of services). Be concise.  You are required to support your answer by specific reference to the Code of Conduct.

Part 3 of the Code of Conduct has stated about the obligations and part 5 of the Code has stated about the provision on fees and charges regarding the proposed work . However, in this case, it has been observed that Mr. Albert Wong needs assistance in respect of his application on subclass 103 Parent visa and an agreement has been made in between the agent and Mr. Albert Wong and fees of the agent has also been determined to this effect. 

According to the Migration Agents Regulation 1998 section 314 (1), it is the duty of every registered migration agent to perform their duties as per the provision of law and the agent should take proper care regarding the rights and interest of the client. A migration agent is required to act prudently while dealing with the client. An agent is obliged to act according to the provision of the Migration Act 1958 and Migration Regulations 1994. 

A registered migration agent should have to preserve the secret of his client and should not disclose the facts without his or her consent according to part 3 of the Code of Conduct. An agent is also an obligation not to disclose anything regards to the business or profession of the client to anyone without the consent of the client .