Migration Agents Capstone cheat sheet

Migration Act 1958 (Cth) is the primary legislation; Migration Regulations 1994 prescribe visa classes and criteria.

Section 65: Minister must grant visa if satisfied criteria met; must refuse if not satisfied.

Section 499 directions are binding on delegates but not on the Minister personally.

Migration (LIN 19/051) specifies legislative instruments for visa criteria; check current versions.

Administrative Appeals Tribunal (AAT) reviews most visa refusals on merits; judicial review limited to legal error.

Section 116 allows cancellation for non-compliance; s 109 for incorrect information.

Code of Procedure (s 359A) requires natural justice before refusal; must invite comment on adverse information.

Federal Circuit Court handles migration judicial review; High Court original jurisdiction limited.

Character test (s 501) allows refusal/cancellation if substantial criminal record or association.

Skilled visas (189, 190, 491) require points test (minimum 65), skills assessment, and age under 45.

Employer-sponsored visas (482, 186) require nomination, approved sponsor, and relevant occupation.

Partner visa (820/801, 309/100) requires genuine relationship and sponsorship; two-stage process.

Student visa (500) requires CoE, GTE (now GS), English proficiency, and financial capacity.

Visitor visa (600) requires genuine temporary entrant and sufficient funds.

Parent visa (103, 143) requires balance of family test and assurance of support.

Refugee visa (200-204) requires offshore assessment; protection visa (866) onshore.

Bridging visas (A, B, C, E) maintain lawful status while substantive visa pending.

Code of Conduct for Registered Migration Agents (Schedule 1, Migration Agents Regulations 1998) sets standards.

Must provide written client agreement before starting work, including fees and scope.

Must disclose all fees and charges in writing; no charging for work not done.

Must maintain confidentiality except as required by law or with consent.

Must act competently and diligently; avoid conflicts of interest.

Must not mislead clients about outcomes or guarantee visa grants.

Must keep client records for 7 years after last service.

Must provide interpreter if client has limited English proficiency.

Lodge via ImmiAccount; ensure correct visa subclass and criteria.

Attach all required documents; incomplete applications may be refused.

Pay correct visa application charge (VAC) and subsequent charges.

Provide accurate information; false or misleading information can lead to refusal or cancellation.

Use approved forms and ensure signatures where required.

Check validity period and conditions of bridging visa upon lodgement.

Keep copies of lodged application and receipts.

Notify department of changes in circumstances (e.g., address, passport, relationship status).

Assess evidence against legal criteria; onus on applicant to provide sufficient evidence.

Use Departmental policy (PAM) as guidance but not binding law.

Apply natural justice: invite comment on adverse information (s 359A).

Consider all evidence, including oral testimony and documents.

Decision-maker must be satisfied of criteria; if not, must refuse (s 65).

Time of decision criteria must be met at time of decision, not lodgement.

Provide written decision with reasons and review rights.

Consider waiver provisions where applicable (e.g., Schedule 3, PIC 4001).

AAT review must be lodged within prescribed time (usually 21 days after refusal).

AAT can affirm, vary, remit, or set aside decision.

Judicial review to Federal Circuit Court on grounds of jurisdictional error.

Complaints about registered migration agents to OMARA (Office of the Migration Agents Registration Authority).

Complaints about Departmental actions to Commonwealth Ombudsman.

Ministerial intervention requests possible under s 351 (AAT cases) or s 417 (protection).

Time limits for judicial review: 35 days from decision (Federal Circuit Court).

Legal advice should be sought for judicial review; no merits review for some decisions.

Registered migration agents must comply with Code of Conduct and Migration Agents Registration Authority (MARA) regulations.

Must maintain professional indemnity insurance if giving immigration assistance.

Must undertake continuing professional development (CPD) annually.

Must not engage in dishonest or fraudulent conduct.

Must act in client's best interests, within law.

Must disclose if not registered or if registration suspended/cancelled.

Must keep up-to-date with migration law changes.

Must not charge fees for referral to other services without disclosure.