- Home
- Payments
- English
- Blog
- Canada
- Australia
- Free Assessment
- About
Established in 2004, VISANSWER VA has offices in Australia and India. Our sole purpose is to help people achieve their migration goals with ease. Along with the excitement of change, immigrating to a new country can sometimes be a daunting process, filled with challenges. We seek to minimise these challenges, particularly the confusion and frustration that is often associated with the Visa application process. Our goal is to allow you the freedom to focus on the excitement of immigrating to another country.
13 Meurants lane Glenwood, NSW-2768-AUSTRALIA
120, Kirti Shikhar, District Center, Janakpuri, New Delhi, 110058-INDIA
For your added protection and security, the quality of our migration advisory service is independently backed by a professional indemnity insurance policy placed with an “A rated” international insurance house, providing you with complete peace of mind.
For your added protection and security, the quality of our migration advisory service is independently backed by a professional indemnity insurance policy placed with an “A rated” international insurance house, providing you with complete peace of mind.
We being accredited by the Australian and New Zealand Migration Authorities pledge to abide by their code of conduct and advice the clients on accurate picture of the conditions that await them on arrival.
1.1 This Code of Conduct (the Code) is intended to regulate the conduct of registered migration agents.
1.2 The Migration Agents Registration Authority (the Authority) is responsible for administering the Code.
1.3 A person who wants to operate as a registered migration agent must register with the Authority.
1.4 The Code applies to an individual who is listed in the Register of Migration Agents kept by the Authority under section 287 of the Migration Act 1958 (the Migration Act).
1.5 To ensure compliance with the Code, the Authority may impose an administrative sanction if a breach of the Code is found to have occurred.
1.6 An administrative sanction may range from a caution through to suspension of registration or the ultimate sanction of cancellation of registration.
1.7 Accordingly, the Code does not impose criminal sanctions.
1.8 However, there are a number of offences under the Migration Act and the Migration Regulations 1994 (the Migration Regulations) that also deal with the kind of activity covered by the Code. These activities include misleading statements and advertising, practising when unregistered and misrepresenting a matter. Provisions of the Crimes Act 1914, the Criminal Code Act 1995 and the Trade Practices Act 1974 may also apply to these activities.
1.9 The Code is not intended to displace any duty or liability that a registered migration agent may have under the common law, or the statute law of the Commonwealth, a State or a Territory, in relation to a matter covered by the Code. The provisions of the Code should be read in the light of this principle.
1.10 The aims of the Code are:
1.11 The Code does not list exhaustively the acts and omissions that may fall short of what is expected of a competent and responsible registered migration agent.
1.12 However, the Code imposes on a registered migration agent the overriding duty to act at all times in the lawful interests of the agent’s client. Any conduct falling short of that requirement may make the agent liable to cancellation of registration.
1.13 If a registered migration agent has a contract in force with a client that complies with this Code, but the Code is amended in a way that relates to the content of the contract:
A registered migration agent must always:
A registered migration agent must not accept a person as a client if the agent would have any of the following conflicts of interest:
If it becomes apparent that a registered migration agent has a conflict of interest mentioned in clause 2.1A in relation to a client, the agent must, as soon as practicable taking into account the needs of the client, but in any case within 14 days:
Part 10 of the Code then applies as if the client had terminated the registered migration agent’s instructions.
A registered migration agent who has ceased to act for a client in accordance with paragraph 2.1B(d), must, as soon as practicable, but in any case within 14 days, inform the Department that he or she is no longer acting for the client.
If a registered migration agent:
A registered migration agent’s professionalism must 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.
A registered migration agent’s professionalism must be reflected in the making of adequate arrangements to avoid financial loss to a client, including the holding of professional indemnity insurance mentioned in the regulation 6B for the period of the migration agent’s registration.
A registered migration agent must have due regard to a client’s dependence on the agent’s knowledge and experience.
A registered migration agent must:
Note 1: A comprehensive list of the materials mentioned in subparagraphs (a) (iii) and (iv) may be obtained from the Professional Library page of the Authority’s web site (www.mara.gov.au).
Note 2: A registered migration agent must satisfy the requirements for continuing professional development set out in Schedule 1.
To the extent that a registered migration agent must take account of objective criteria to make an application under the Migration Act or Migration Regulations, he or she must 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.
A registered migration 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:
A registered migration agent must:
A registered migration 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.
In communicating with, or otherwise providing information to, the Authority, a registered migration agent must not mislead or deceive the Authority, whether directly or by withholding relevant information.
A registered migration agent must not engage in false or misleading advertising, including advertising in relation to:
A registered migration agent must, when advertising:
Note 1: Advertising includes advertising on the Internet.
Note 2: Clause 2.12, which relates to implying a relationship with the Department or the Authority, also applies to the registered migration agent’s advertising mentioned in clause 2.11.
A registered migration agent must not, when advertising, imply the existence of a relationship with the Department or the Authority, for example by using terms such as:
A registered 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.
A registered 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.
A registered migration agent must not intimidate or coerce any person for the benefit of the agent or otherwise. For example, a registered migration agent must not engage in any of the following:
A registered migration agent with operations overseas may indicate that he or she is registered in Australia, but must not create an impression that registration involves accreditation by the Commonwealth Government for work overseas for the Commonwealth or for a client.
If an application under the Migration Act or the Migration Regulations is vexatious or grossly unfounded (for example, an application that has no hope of success) a registered migration agent:
Note: Under section 306AC of the Act, the Minister may refer a registered migration agent to the Authority for disciplinary action if the agent has a high visa refusal rate in relation to a visa of a particular class.
A registered 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.
Subject to a client’s instructions, a registered migration agent has a duty to provide sufficient relevant information to the Department or a review authority to allow a full assessment of all the facts against the relevant criteria. For example, a registered migration agent must 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.
A registered migration agent must:
A registered migration agent must 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).
A registered migration agent must, when providing translating or interpreting services, include on a prominent part of the translated document the following sequence:
A registered migration agent must:
A registered migration agent must take all reasonable steps to maintain the reputation and integrity of the migration advice profession.
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.
A registered migration agent has a duty to preserve the confidentiality of his or her clients.
A registered migration agent must not disclose, or allow to be disclosed, confidential information about a client or a client’s business without the client’s written consent, unless required by law.
Once a registered migration agent had agreed to work for a client, but before commencing that work, the agent must:
A registered migration agent must inform clients that they are entitled to receive copies of the application under the Migration Act or Migration Regulations and any related documents if they want copies. The agent may charge a reasonable amount for any copies provided.
A registered migration agent must have an address and telephone number where the agent can be contacted during normal business hours.
If a registered migration agent changes his or her address, telephone number or any other details that are recorded on the Register of Migration Agents, the agent must give a written notice to the Department, the Authority, any review authority and all current clients of the agent:
A registered migration agent must ensure that clients have access to an interpreter if necessary.
Before accepting immigration work, a registered migration agent must consider whether he or she is qualified to give the advice sought by the client. If the agent is unsure, he or she must seek the appropriate advice or assistance, or refer the matter to another registered migration agent.
A referral may be made, for example, if a registered migration agent is asked for advice on matters for which he or she does not regularly provide immigration assistance.
A registered migration agent must not encourage another agent’s client to use the first agent’s services, for example by denigrating other agents or offering services that the first agent cannot, or does not intend to, provide.
A registered migration agent must not take over work from another registered migration agent unless he or she receives from the client a copy of written notice by the client to the other agent that the other agent’s services are no longer needed.
A registered migration agent must act with fairness, honesty and courtesy when dealing with other registered migration agents.
A registered migration agent who gives a written undertaking to another registered migration agent must make sure the undertaking is performed within a reasonable time, if possible.
There is no statutory scale of fees. However, a registered migration agent must set and charge a fee that is reasonable in the circumstances of the case.
A registered migration agent must:
A registered migration agent:
A registered migration agent must give clients written advice of the method of payment of fees and charges, including Departmental fees and charges.
A registered migration agent must be aware of the effect of section 313 of the Act, and act on the basis that:
7.1Subject to clause 7.1B, a registered migration agent must keep separate accounts with a financial institution for:
7.1AThe words ‘clients’ account’ must be included in the name of the financial institution account mentioned in paragraph 7.1(b).
7.1BIf a registered migration agent is operating as an agent in a country other than Australia that does not allow, under its law, the use of a clients’ account as described in paragraph 7.1(b):
7.2A registered migration agent must hold, in the clients’ account, an amount of money paid by a client for an agreed block of work until:
7.3The registered migration agent may, at any time, withdraw money from the clients’ account for disbursements that are required to be paid to the Department, or any other agency, for the client.
7.4A registered migration agent must keep records of the clients’ account, including:
7.5A registered migration agent must make available for inspection on request by the Authority:
7.6If a registered migration agent provides a service to a client on the basis of a conditional refund policy, a ‘no win, no fee’ policy or an undertaking to similar effect:
7.7Nothing in clause 7.1, 7.1A, 7.2, 7.3, 7.4 or 7.6 affects the duty of a registered migration agent, who is also a legal practitioner and who acts in that capacity, to deal with clients’ funds in accordance with the relevant law relating to legal practitioners.
8.1 A registered migration agent has a duty to exercise effective control of his or her office for the purpose of giving immigration advice and assistance.
8.2A registered migration agent must properly supervise the work carried out by staff for the agent.
8.3 All immigration assistance must be given by a registered migration agent unless the assistance is permitted under section 280 of the Migration Act.
8.4 A registered migration agent must make all employees, including those not involved in giving immigration assistance (for example receptionists and typists), familiar with the Code, for example by:
8.5 A registered migration agent must ensure that his or her employees are of good character and act consistently with the Code in the course of their employment.
9.1 A registered migration agent must respond properly to a complaint by a person (whether or not the person is a client) about the work or services carried out by the agent or the agent’s employee.
9.2 A registered migration agent must submit to the procedures for mediation as recommended by the Authority about handling and resolving complaints by the client against the agent.
9.3 If the Authority gives a registered migration agent details of a complaint made to the Authority about:
10.1 A registered migration agent must complete services as instructed by a client unless:
10.1A For paragraph 10.1(c), a written notice must state:
10.1B Within 7 days of giving the written notice, the agent must:
10.2 A client is entitled to ask a registered migration agent (orally or in writing) to return any document that belongs to the client. The agent must return the document within 7 days after being asked.
10.3 Australian passports, and most foreign passports, are the property of the issuing Government and must not be withheld.
10.4 A registered migration agent must not withhold a document that belongs to a client, as part of a claim that the agent has a right to withhold a document by a lien over it, unless the agent holds a current legal practising certificate issued by an Australian body authorised by law to issue it.
10.5 On completion of services, a registered migration agent must, if asked by the client, give to the client all the documents:
10.6 If the client terminates the instructions, a registered migration agent must take all reasonable steps to deliver all documents quickly to the client or any other person nominated by the client in writing. If the agent claims a lien on any documents, the agent must take action to quantify the amount claimed and tell the client in a timely manner.
Note 1: Only registered migration agents who hold a current legal practising certificate issued by an Australian body authorised by law to issue it are able to claim a lien on any client documents.
Note 2: A document includes an application, nomination, sponsorship, statement, declaration, affidavit, certificate, or certified copy. See Acts Interpretation Act 1901 s25, Migration Regulations regulation 5.01
11.1 A registered migration agent must ensure that at least 1 copy of the Code is displayed prominently in:
11.2 A registered migration agent must ensure that a client who asks to see the Code can be supplied immediately with 1 copy for the client to keep.
11.3 Each contract made between a registered migration agent and a client must:
11.4 A registered migration agent who has an Internet web site must provide a link to the copy of the Code that is displayed on the Authority’s web site.
Year and number | Date registered | Date of commencement | Application, saving or transitional provisions |
---|---|---|---|
1998 No. 53 | 1 Apr 1998 | R. 6 and Schedule 1: 21 Jan 1999 Remainder: 1 April 1998 | Gazette/FRLI |
1999 No. 69 | 7 May 1999 | 1 July 1992 | |
2000 No. 64 | 4 May 2000 | 1 July 2000 | |
2000 No. 309 | 23 Nov 2000 | 21 Nov 2000 | |
2001 No. 143 | 20 June 2001 | 1 July 2001 | |
2002 No.229 | 26 Sept 2002 | 1 Nov 2002 | |
2002 No. 346 | 20 Dec 2002 | 1 Mar 2003 | |
2003 No. 92 | 22 May 2003 | 1 July 2003 | |
2004 No. 129 | 18 June 2004 | 1 July 2004 (see r. 2 and Gazette 2004, No. GN23) | |
2004 No. 391 | 23 Dec 2004 | Rr. 1-3 and Schedule 1:2 Apr 2005 Remainder: 1 July 2005 | |
2005 No. 131 | 20 June 2005 (see Rr. 1-4 and Schedule 1 F20050015001) | 1 July 2005 Remainder: 1 July 2006 | R. 4 see Table A |
2006 No. 158 | 26 June 2006 (see F2006101877) | 1 July 2006 | |
2006 No. 249 | 25 Sept 2006 (see F2006L03044) | 1 Oct 2006 | |
2011 No. 250 | 12 Dec 2011 (see F2011102650) | 1 Jan 2012 | |
2012 No. 106 | 19 June 2012 (see F2012101244) | 1 July 2012 |
^ Denotes the date of registration on the Federal Register of Legislative Instruments (FRLI) * Refer to the Commonwealth Consolidated Regulations on the AustLII website (http://austlii.edu.au) for more information
ad. = added or inserted
am. = amended
rep. = repealed
rs. = repealed and substituted
Provision affected | How affected |
---|---|
Schedule 2 | am. 1999 No. 69 |
Schedule 2 | am. 2000 No. 64 & 309 |
Schedule 2 | am. 2001 No. 143 |
Schedule 2 | am. 2002 No. 346 |
Schedule 2 | am. 2004 No. 129 and 391 |
Schedule 2 | am. 2005 No. 131 |
Schedule 2 | am. 2006 No. 249 |
Schedule 2 | am. 2011 No. 250 |
Schedule 2 | am. 2012 No. 106 |
Section 313 Persons charged for services to be given detailed statement of services.
(4) This section does not apply to the giving of immigration legal assistance by a lawyer.
Section 314 Code of Conduct for migration agents
Regulation 7I of the Migration Agents Regulations 1998
For paragraph 313 (3)(c) of the Act, the period is 28 days after the decision, in relation to the immigration assistance, is made about:
SCHEDULE 2: CODE OF CONDUCT
(regulation 8) Migration Act 1958, subsection 314(1)
THIS CODE OF CONDUCT SHOULD BE DISPLAYED PROMINENTLY IN THE REGISTERED MIGRATION AGENT’S OFFICE.
If a client believes that a registered migration agent has acted in breach of this Code of Conduct, a complaint can be made in writing to:
Migration Agents Registration Authority
PO BOX Q1551
QVB NSW 1230
For more information, contact the Office of the MARA in any of the following ways
Website | www.mara.gov.au |
---|---|
info@mara.gov.au | |
Phone | 1300 226 272 or +61 2 9078 3552 |
Fax | +61 2 9078 3591 |
Street Address | Level 10, 111 Elizabeth Street Sydney NSW Australia |
Postal Address | PO Box Q1551 QVB NSW 1230 |