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The IAA in New Zealand is not reciprocating with OMARA in Australia under the TTMR

The Immigration Advisers Authority (IAA) in New Zealand is the equivalent authority to MARA in Australia. A Licensed Immigration Adviser in NZ is the equivalent occupation to a Registered Migration Agent in Australia. 

Under the Trans Tasman Mutual Recognition Act (TTMR Act) is a mutual recognition principle between Australia and New Zealand that permits an individual who is registered in Australia for an occupation to be registered for the equivalent occupation in New Zealand (and vice versa).  Under the TTMR Act, MARA recognises NZ licensed immigration advisers that hold a full license to be registered as registered migration agents in Australia without any conditions or limitations. This is consistent with the intent of the act as these are equivalent occupations.

The issue is that IAA does not reciprocate and does not currently permit Australian registered migration agents to obtain full registration in NZ in the equivalent occupation of a licensed immigration adviser. 

The relevant principle under the TTMR Act states:

It is important to note that as per section (2) above, no laws of New Zealand can require any 'particular qualification' where registration is being made for an equivalent occupation. It is important to note that the definition in the TTMR Act for 'qualification' is not just limited to awards but also includes any specific experience, education or training. 

IAA state at that applicants under the TTMR Act must apply for a provisional license and are not eligible for a full license:

As a period of supervision fits within the definition of 'qualification' as it is a 'specific kind of experience', and the TTMR Act principle states that equivalent occupations cannot require any additional qualification, IAA cannot request for the adviser to undergo a period of supervision and also be downgraded to a non-equivalent license (provisional rather than full). This is contrary to the intent of the TTMR Act, and contrary to MARA's recognition of the TTMR Act.

Fortunately the decision of the IAA to not grant a full license to an Australian registered migration agent can be appealed through the occupations tribunal of New Zealand. To date no one has taken the initiative to challenge this. A successful win in the tribunal will force the IAA to revise their policy and be consistent with the TTMR Act. Currently the fee for a review is NZ$600.

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  • Guest
    Cary C Wednesday, 06 December 2017

    I am very interested in doing this appeal. Anyone would like to join or help me or review my submission?

  • Guest
    Joseph Wednesday, 06 December 2017

    Please contact me: 0424782321

  • Guest
    Joseph Wednesday, 06 December 2017

    I am also interested in submitting an appeal. Joseph.

  • Guest
    James Friday, 08 December 2017

    Email me and I'll be able to help out. I'm assisting someone who is considering applying and I'll prepare the submission. We do only need one person to be successful so don't need multiple applications.

    When applying to IAA you'll need to follow the TTMR Act rules for applying, not what IAA has published (as this is designed to be an application for a provisional license).

  • Guest
    Parminder Pabla Thursday, 14 December 2017

    I am also interested in appealing.
    Please contact 0434199743

Leave your comment

Guest Sunday, 25 February 2018
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