Migration Alliance members might be pleased to learn that I have sent the following email to Senator Michaelia Cash, Assistant Minister for Immigration and Border Protection, and her Chief of Staff today:
Dear Brooke and Michaelia
Ref: Abolishment of Unregistered Practice and No acceptance of immigration applications or requests from unregistered agents
I would like to suggest that the DIBP look closely at removing the ability for a person or organisation to submit an Australian visa application unless they are registered migration agents. The NZ system seems to have it right and I have outlined their position on unregistered immigration advice under the NZ Immigration Advisors Licencing Act 2007 below for your perusal:
Section 9: No acceptance of immigration applications or requests from unlicensed immigration advisers
(1) No immigration application or request put forward on behalf of another person by an unlicensed immigration adviser may be accepted, unless the adviser is exempt from the requirement to be licensed under section 11.
(2) The chief executive of the department of State that has, with the authority of the Prime Minister, assumed responsibility for the administration of the Immigration Act 2009 must so far as practicable ensure that immigration forms and information brochures prepared or provided by that department advise that, in accordance with subsection (1), immigration applications or requests provided or prepared on behalf of another person by persons who are neither licensed immigration advisers nor exempt from the requirement to be licensed will not be accepted.
(3) Where an immigration application or request on behalf of another person is not accepted by reason of contravening subsection (1), the relevant person or body must notify that person in writing of that fact, and advise the person as to how the application or request may be relodged or advanced in an acceptable manner.
Section 11: Persons exempt from licensing
The following persons are exempt from the requirement to be licensed:
(a) persons who provide immigration advice in an informal or family context only, so long as the advice is not provided systematically or for a fee:
(b) members of Parliament, and members of their staff who provide immigration advice within the scope of their employment agreement:
(c) foreign diplomats and consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971:
(d) employees of the public service who provide immigration advice within the scope of their employment agreement:
(e) lawyers:
(f) persons employed by or working as volunteers for community law centres (as defined in section 6 of the Lawyers and Conveyancers Act 2006), where at least 1 lawyer—
(i) is on the employing body of the community law centre; or
(ii) is employed by or working as a volunteer for the community law centre in a supervisory capacity:
(g) persons employed by or working as volunteers for citizens advice bureaux:
(h) persons who provide—
(i) immigration advice offshore; and
(ii) advice only in respect of applications made under the Immigration Act 2009 for a temporary entry class visa—temporary visa—student visa:
(i) persons exempted by regulations made under section 12.
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