Compliance in Melbourne are in the grips of a craze concerning Migration Agents and protection visas. Today a colleague was told that if they lodged an application for a protection visa on behalf of their client that they would "tarnish" their reputation as an RMA.
Last week a colleague was the subject of an allegation from a compliance officer to the effect that he had encouraged a client to make false statements in an application for a protection visa. That allegation arose in the course of a conversation where my colleague complained that compliance was intimidating my client during the course of the BVE interview.
Perhaps it was just a bit of tit for tat....OR...perhaps Compliance in Melbourne is in the grips of some craze about lawful permissible applications and the Code of Conduct.
It may be time to remind myself and my colleagues that where an application is, in the opinion of the RMA vexatious or grossly unfounded ( for example, an application that has no hope of success) then the Code of Conduct at paragraph 2.17 of the Code of Conduct is enlivened.
Given that the Code requires an RMA to act in accordance with the law and the legitimate interests of the client...how does an RMA do that if the client wants to lodge an application for a PV and that application has no prospects of success?
The simple answer is to comply with the Code of Conduct and to give a client a frank advice in writing to the effect that the application they want to lodge has no reasonable prospects of success and will only delay their departure and possibly irritate their case officer in compliance.
If the client receives that advice in writing and then directs the RMA to file the application, then, subject to full satisfaction of paragraph 2.17(b) and (c) of the Code, the RMA will have a complete defence to the slings and arrows and the threats of dire consequences currently spewing out of Melbourne Compliance.
If it assists you, I have prepared a paragraph 2.17(b) and (c) notice which you free are to use at any time that it suits you. I recommend it be attached at the back of the form 956 when you lodge the application.
Don't let Compliance intimidate or threaten your clients! Don't let them threaten or try to intimidate you.
Your duty is clear under paragraph 2.1 of the Code of Conduct and your sword and shield is the procedure incorporated into paragraph 2.17 of the Code of Conduct.
Let me know if this intimidation continues in any compliance office in any State.