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Posted by on in General

I have had the benefit of reading the statement made by the CEO of the MIA this afternoon concerning the comparison of the Professional Indemnity Insurance offered by MIA's insurer (Fenton Green) as opposed to that offered by Migration Alliance's insurer (BizCover).  The statement was sent by the CEO to MIA members by way of email.  Many of those members are joint members of Migration Alliance.

I think it is fair to say that both products are compliant in terms of the OMARA requirement of Professional Indemnity.  
 
What I do not accept is that the Fenton Green product is superior in terms of its coverage, excess and the like, as opposed to the Bizcover product endorsed by Migration Alliance. However, what I do know is that RMAs are interested in a compliant product at a reasonable price.

Of course only the PDS released by the insurers can settle the whole "this is comparing apples with oranges" argument which at this stage is entirely speculative.

I seriously doubt that commentary or a comparison of prices is likely to result in action by ASIC or any other corporate regulator, and to assert a breach of consumer law is unlikely to shut down the very human instinct to get more bang for your buck, particularly in light of the already considerable expense associated with the compliance component of every RMAs practice.  RMAs may wish to read the MA terms and conditions on this website, in particular the disclaimer when considering whether the articles constitute 'advice'.

I am sure that solicitors would be very jealous of the relatively cheap cost of  RMA Professional Indemnity Insurance compared to their own insurances, which can routinely run to $40K per annum.

As far as I am aware the "quote" referred to in the article was provided by the insurer following an approach by a consumer seeking coverage.  I also requested a quote today and I published the results of the quote I was given on the blog.

Putting aside all of the hurt feelings and speculation, I know that RMAs want value for money and I am certain that the information in the article serves to inform RMAs as consumers, who in turn are clever enough to assess their own risk profile, to mitigate those risks, and to buy conforming insurance that meets their particular needs.

Migration Alliance is all about protecting and advocating the interests of its members and it will continue to do so in the face of vague references to regulatory oversight, and the potential for another organisation to have its feelings hurt. 
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Posted by on in General

We have been doing our research into the Professional Indemnity Insurance options offered by the MIA and Migration Alliance (MA), given that they are the two peak membership associations in the migration advice profession.

Let's start with the basics.  MIA charge members (joint members of MA) an annual membership fee.  Migration Alliance does not charge an annual membership fee.

Reason would have it that MIA members would then be given access to great savings and well-negotiated deals on essentials such as Professional Indemnity Insurance through their membership association.  Nope.

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Posted by on in General

Shock. Dismay. Disbelief. Anger!

I experienced all of these emotions, and more, in relation to events in one of my cases that unfolded over the last week.

I had been assisting a client with submissions to the "Visa Applicant Character Consideration Unit" (who refer to themselves by the acronym of "VACCU") concerning a notice of intention to consider refusal of a partner visa on character grounds (My client served 6 months in prison for offences relating to the use of false identities, and he did "fail the character test" because he had been sentenced to 12 months imprisonment for these offences.

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Posted by on in General

Here’s another interesting question that was recently decided by the Federal Circuit Court on Schedule 3 waivers:

Is a future desire on the part of the applicant and sponsor to have a child together a “relevant consideration” that must be taken into account by the Administrative Appeals Tribunal when it determines whether or not to grant a Schedule 3 waiver?

The case in which this question was presented was Lan v Minister for Immigration & Anor 2018) FCCA 1170 (2 May 2018). 

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Suppose the sponsor for a partner visa is suffering from a litany of health issues.

Does that necessarily mean that the applicant will be able to get a waiver of Schedule 3 criteria to enable her/him to remain in Australia while a partner visa application is being processed?

A recent decision by Judge Baird of the Federal Circuit Court in the case of Mensah v Minister for Home Affairs & Anor (2018) FCCA 1204 (10 May 2018) indicated that “it ain’t necessarily so”!

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