19Duty not to give futile immigration assistance

19 Duty not to give futile immigration assistance

(1) A migration agent must not give immigration assistance to a client if the agent reasonably believes that giving the immigration assistance would be futile. (2) Subsection (1) does not apply if: (a) the migration agent is satisfied that giving the immigration assistance would not be in breach of the agent’s duties under sections 13, 17, 18 and 33; and (b) a migration agent (whether or not the migration agent mentioned in subsection (1) of this section) has advised the client that giving the immigration assistance would be futile; and (c) the client has given to a migration agent (whether or not the migration agent mentioned in subsection (1) of this section or paragraph (b) of this subsection) a written statement that the client: (i) has been advised of the matter mentioned in paragraph (b); and (ii) still wishes to be given the immigration assistance. (3) Without limiting when giving immigration assistance is taken to be futile, for the purposes of this instrument it is futile for a migration agent to give immigration assistance if: (a) the purpose of the immigration assistance is to achieve, or to assist with the achieving of, a particular result; and (b) there is little or no prospect of that result being achieved.

Note: Example: Preparing a visa application if there is little or no prospect of the visa being granted.