Australian Immigration Daily News

It has been a big week in the international education space.  I am sure you have seen the reports, but I thought I would share a link to this week’s ABC 4 Corners episode:

https://www.abc.net.au/4corners/cash-cows/11084858 

In addition, today I received an email from Mr Darryl Goodhand, General Manager, International Health at Allianz Partners, which reads as follows:

Tomorrow a landmark trial will be held in the High Court of Australia to determine an important threshold question as to whether Aboriginal Australians can be considered an ‘alien’ under the Constitution and, as a result, be deported following a serious criminal conviction.

The special case is being brought on behalf of Aboriginal Australian men, Daniel Love and Brendan Thoms. It will be argued that both men are Australian nationals because they are Aboriginal people who, although born overseas, are not aliens under the Constitution.

Maurice Blackburn Senior Associate Claire Gibbs, who is acting for Mr Love and Mr Thoms, said the case was important in seeking to make clear that it was unacceptable, under the Constitution, for people who were clearly Australians to be subjected to the alien deportation powers.

The vast majority of agents get along well, and co-exist in the profession without problems. 

Part 4 of the Code of Conduct has always interested me.  Why is it there?  Why do we need it?  We are all professional and we all compete in this space without incident.  We know all know what to do, and we all know how to behave. Why do we need to have a section of our Code of Conduct called “Relations Between Agents”?  We are all peaceful.  Right?  WRONG. 

Based on stories told and emails sent to me from RMAs, plus my own experiences over the last 15 years, I think Part 4 of the Code has its place.  This part of the Code of Conduct attempts to deal with agent-to-agent relationships which can become unhealthy, and unprofessional.  It does happen.  When do agent-to-agent relationships become unhealthy?

The Migration Agents Amendment (CPD Requirements) Regulations 2019 (the Regulations) amend the Migration Agents Regulations 1998 (the Migration Agents Regulations) to exempt lawyers who hold practising certificates from continuing professional development (CPD) requirements for migration agents when applying for repeat registration as a migration agent.

In particular, the Regulations amend the Migration Agents Regulations to insert new regulation 6A. This new regulation ensures that registered migration agents who are also lawyers with legal practising certificates are not required to complete migration agent as well as legal CPD requirements.

No consultation was considered necessary as the Regulations are considered to be machinery in nature. This accords with subsection 17(1) of the Legislation Act 2003 (the Legislation Act) which envisages consultations where necessary and reasonably practicable.

This Legislative Instrument supports the framework established by Migration Regulations 1994 (the Regulations) by specifying the manner in which an approved family sponsor must notify the department responsible for Immigration (the Department) when there has been a material change in the circumstances of the approved sponsor as required by subregulation 2.87CD(1).

The new instrument making power is provided by the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019, which requires approval of sponsorship before a valid visa application for a Sponsored Parent (Temporary) (subclass 870) visa can be made.

Under this framework, approved family sponsors are required to agree to obligations to notify the Department if there are material changes in their circumstances that could affect the welfare and wellbeing of their sponsored parents.