The role of the Office of the MARA is very important, as it protects the vulnerable.
- Subsequent to an agent facing disciplinary proceedings there is a right of review before the Administrative Appeals Tribunal (the Tribunal).
- The process of presenting witnesses and obtaining documents in support at the Tribunal includes the following:
Draft Summons have to be filed. The Tribunal has the discretion to grant the Summons. The admissibility of evidence requested is a matter for the Tribunal’s discretion. The Agent can only hope the evidence requested will be approved.
Currently OMARA has extraordinary power. For example, a recent decision enables supervision to extend to the provision of alleged “indirect immigration assistance”, that is not directassistance. This may include, for example, hearsay allegations from persons the former Agent has never met. The basis of an allegation may be a statement by a third party, not the Complainant about what the Agent has allegedly done. The whole issue of regulation of “indirect immigration assistance” may open a Pandora’s box. The obvious question is what are the parameters – the limits – of the power examining the behaviour of the Agent with respect to the provision of such alleged “indirect assistance”?