Offering referral fees to the general public and then requesting them to source and organise the applicants documents so that it is given to the so called registered migration agent in exchange for a referral fee or commission is not allowed under the Code of Conduct unless that person in question doing the ‘work of sourcing and organising the documents and information’ are registered migration agent themselves in Australia.
However, many ‘so called registered migration agent representatives here in the Philippines’ claiming to represent ‘registered migration agents from Australia’ are offering these ‘inducements’ here in the Philippines. If it is not permissible by law in Australia then why get involved in these ‘unsavoury practices in the first place’ here in the Philippines.
These so call ‘migration agent representative here in the Philippines’ are not acting according to the Code of Conduct and therefore should be ignored and reported to the proper authorities in the Philippines or if you have already dealt with one report them the local authorities in the Philippines immediately.
It is very clear in Part 8 of the Code of Conduct, a full excerpt is provided below, that the registered migration agent in Australia must have ‘effective control over their office for the purpose of giving immigration advice and assistance’. That office may also include offices outside of Australia such as here in the Philippines.
It continues to say that the registered migration agent ‘must properly supervise the work carried out by staff for the agent’. So if the ‘representative in the Philippines’ is offering as an e.g. Php 10,000 pesos to the general public in the Philippines to the ‘work’ then is there any ‘proper supervision of the work being carried out’? Highly unlikely.
Part 8 continues to say that ‘All immigration assistance must be given by a registered migration agent unless the assistance is permitted under section 280 of the Migration Act. I have now provided the link to Section 280 for your immediate reference:-
Please find below the actual wording in Part 8 of the Code of Conduct governing all registered migration agent in Australia. In closing how would you know if the general public assisting you in your application is ‘of good character’ as outlined in clause 8.5 below.
My message to everyone when using the services or assistance from anyone here in the Philippines for migration to Australia is Ingat! Ingat! Ingat! (Be very, very, very careful)
Part 8 Code of Conduct: (As of July 2012)
DUTIES OF REGISTERED MIGRATION AGENTSTO EMPLOYEES:
8.1 A registered migration agent has a duty to exercise effective control of his orher office for the purpose of giving immigration advice and assistance.
8.2 A registered migration agent must properly supervise the work carried out bystaff for the agent.
8.3 All immigration assistance must be given by a registered migration agent unlessthe assistance is permitted under section 280 of the Migration Act.
8.4 A registered migration agent must make all employees, including those notinvolved in giving immigration assistance (for example receptionists andtypists), familiar with the Code, for example by:
(a) displaying the Code prominently in the agent’s office;
(b) establishing procedures to ensure that employees become familiar with the Code including supplying employees with copies of the Code.
8.5 A registered migration agent must ensure that his or her employees are ofgood character and act consistently with the Code in the course of theiremployment.
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