LML6001: Practitioner Legal Skills for Australian Migration Law Assessment

Assessment Task

1. Students must answer all questions as indicated. Make certain all answers are clearly labelled.

2. Ensure your name and student number appear in the header or footer on each page.

3. This assignment contributes 10% to your overall unit assessment.

4. English expression, grammar, and spelling will be assessed.

5. Submission : Check the online learning centre for your class group's due date. All submissions must be lodged electronically; a receipt will be automatically generated.

6. Word Limit : Adhere to the specified word limits for each question.

7. Answers must include references to relevant legislative provisions .

8. If your answer relies on facts not stated in the scenario, you must discuss all relevant alternatives.

9. Referencing must follow the Australian Guide to Legal Citation (AGLC) . A bibliography (not just a reference list) must be included.

Assessment Criteria

1. Accuracy of answers demonstrating knowledge of legislative and regulatory provisions and application of problem-solving skills.

2. Answers must be justified with reference to relevant facts, including clear identification of assumptions.

3. Arguments and information must be clearly and logically presented.

4. Demonstrated understanding of the principles and values of a registered migration agent .

Scenario

You are a registered migration agent (RMA) with over five years of professional practice. You have enjoyed your work in the industry but have increasingly observed unfair outcomes resulting from delegates misapplying legislation. Many affected clients have lacked the financial means or motivation to lodge review applications with the Administrative Review Tribunal, even when you offered assistance at a reduced fee.

You believe the current system is unfair—clients wait years for visa decisions, yet once refused, they receive only 35 days on a bridging visa to organise their affairs and depart Australia. This also impacts the Australian community because many refused applicants are employed, and employers frequently ask you whether anything can be done to keep these valuable employees.

To relieve pressure on refused clients, you have advised them to lodge Protection (Class XA, Subclass 866) visa applications. These extend their bridging visa stay due to lengthy processing times. You provide this advice informally, without a service agreement, pro-bono, and with no expectation of payment. You are known in your community for this support and have received several certificates of appreciation.

In 2024, the Government released a media statement titled:

What are you doing to safeguard Australia’s protection visa system?

The statement outlines concerns that some RMAs, legal practitioners, and unlawful providers are encouraging unmeritorious Protection visa applications. It highlights:

• The Government’s reforms to increase Protection visa integrity

• Faster processing times resulting in swift refusals for non-genuine claims

• Close monitoring of all Protection visa applications

• Serious penalties for false or misleading information

• Disciplinary action (including five-year registration cancellation) for RMAs involved in unmeritorious applications

• Public messaging to prevent scams

• A ministerial roundtable to discuss further integrity measures

The message strongly advises RMAs:

1. Ensure practice aligns with the Migration Agents Code of Conduct .

2. Do not assist non-genuine applicants to lodge Protection visa applications.

3. Report RMAs breaching the Code.

4. Report unlawful immigration assistance providers.

QUESTION

In light of these facts, have you breached any obligations under the Migration (Migration Agents Code of Conduct) Regulations 2021 ?

Brief of Assessment Requirements 

• Answer the question: Have you breached any obligations under the Migration (Migration Agents Code of Conduct) Regulations 2021? and what steps would you implement to meet your obligations.

• Support assertions with legislative references (the Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth), Migration Act 1958 (Cth), and other relevant instruments or criminal provisions where applicable). Use AGLC formatting for citations and include a bibliography.

• Adhere to the word limit (the original asked up to 1,100 words).

• Demonstrate: legal knowledge, correct application of law to facts, clear assumptions where facts are missing, logical presentation, and understanding of RMA principles and values (competence, honesty, client best interests, professional integrity).

• Show remedies / steps you would implement (practical, procedural, and ethical).

Key pointers to cover in the assessment 

1. Intro (brief): Identify the legal issue(s) (possible breaches of the Code; risks of assisting unmeritorious Protection applications; providing unpaid, informal advice without a service agreement).

2. Relevant law & professional obligations: Name the Migration (Migration Agents Code of Conduct) Regulations 2021 (Cth) and summarise the core obligations (competence, honesty, not misleading, duty to act in client’s best interests, obligations about fees/service agreements, record-keeping, reporting breaches to OMARA). Also note related statutory provisions (Migration Act 1958 (Cth) — visa framework; criminal/penalty provisions for false or misleading information) and disciplinary sanctions. (Insert precise AGLC citations in final submission.)

3. Application to the facts: Apply each relevant Code obligation to the scenario facts (pro-bono advice; no service agreement; advising Protection visa to extend bridging stay; monitoring by Department/OMARA; Government warnings). Identify where conduct is compliant and where it may risk breach. Use logical assumptions where facts are silent (e.g., whether you knew or ought to have known claims lacked merit).

4. Conclusion on breach: Provide a clear, reasoned conclusion (breach / no breach / possible breach) with the supporting legal basis.

5. Remedial steps and compliance plan: Practical steps to ensure compliance (immediate and ongoing), including practice changes, record-keeping, client engagement, risk management and reporting obligations.

6. AGLC references & bibliography.

How the Academic Mentor guided the student 

1. Clarify the assessment task & constraints

• Mentor ensured the student understood the exact question, the 1,100-word limit, required legislative referencing, AGLC citation style, and marking criteria (accuracy, application, logic, professional values).

• Outcome: student had a clear plan and a word-budget for each section.

2. Identify legal issues and prepare an outline

• Mentor helped the student list the legal and ethical issues (possible breaches of Code obligations re: competence, dishonesty, assisting unmeritorious claims, absence of service agreement, confidentiality/record-keeping, and reporting duties).

• Outcome: a tight structure to follow in the answer (Intro → Law → Application → Conclusion → Recommendations).

3. Conduct targeted legal research (what to look for)

• Mentor instructed the student to locate the Migration (Migration Agents Code of Conduct) Regulations 2021 and read the specific provisions governing: duties to clients, honesty, competence, service agreements, fees, record-keeping, and reporting. Also to identify Migration Act provisions relevant to Protection visas (subclass 866/Class XA) and criminal penalties for false or misleading information.

• Outcome: list of primary legal sources to cite (to be formatted in AGLC)..

4. Apply law to facts (model application technique)

• Mentor modelled short, precise application paragraphs: quote the legal duty (paraphrase, with citation), then apply to the factual point (e.g., “You provided pro-bono, informal advice without a written service agreement — compare Code requirement for service agreements and record-keeping; risk: lack of evidence of informed consent and potential inability to show competence or instructions if investigated.”).

• Outcome: each paragraph links rule → facts → conclusion in a compact way.

5. Drafting with AGLC and word management

• Mentor coached on drafting concise legal writing: prioritise legal analysis over narrative; reserve words for application and remedy; insert in-text AGLC citations; include a short bibliography (AGLC style).

• Outcome: a near-final draft within the word limit.

6. Quality-check and referencing

• Mentor checked: (a) legislative citations present; (b) assumptions flagged where facts were silent (e.g., whether advice included a merits assessment); (c) spelling, grammar, and clarity; and (d) bibliography formatted.

• Outcome: ready-to-submit draft and a checklist for final polish.

How the outcome was achieved 

• Identification: Legal duties from the Code and related statutes were identified and summarised.

• Application: Each duty was applied to the facts (pro-bono, informal advice; no service agreement; recommending Protection visa to extend stay). This produced a balanced answer that:

  • Recognised legitimate reasons for offering pro-bono help (client hardship; community service), but

  • Highlighted the risks: assisting applications without merits assessment; no formal engagement or file notes; potential to be seen as facilitating unmeritorious applications; and failure to meet record-keeping/service agreement obligations.

• Conclusion: A reasoned finding that while community-minded assistance may be permitted, the described practices create material risk of breaching Code obligations (especially those requiring competence, honesty, not facilitating unmeritorious claims, adequate client instructions/consent, and proper record-keeping). The answer recommends that the practitioner implement remedial steps to eliminate or substantially reduce that risk.

• Remedies recommended: A clear compliance plan (see next section).

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