The role of the Office of the MARA is very important, as it protects the vulnerable. 

1. Subsequent to an agent facing disciplinary proceedings there is a right of review before the Administrative Appeals Tribunal (the Tribunal). 

1. 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”?

This is the story of a recent class action in New York presented on behalf of a group comprising of the Australian Stolen Generation based on claims of improper mass child migration (children from Malta and England) for the purposes of human trafficking.  The Court held, in effect, the “Stolen Generation” never took place, as understood by the Australian public and most importantly the victims.  Children were never placed in institutions operated by international religious orders, such as the Congregation of the Christian Brother (CCB) and the Sisters of Mercy (SOM).  Therefore such groups were not and could be guilty of any abuse.

NO LEGAL REMEDY IN AUSTRALIA

Regardless of whatever allegedly occurred to the children, a brutal regime of current Australian law destroys all possibility of legal remedy for the following reasons.   Some of the legal impediments include: 

1. The Ellis Case.  Orders that operated the institutions were structured as unincorporated voluntary associations so they cannot be sued.
2.  
3. The 1935 Limitation Act of Western Australia.  Apart from Ellis case this odious law destroys any remedy (even in most cases involving fraud) the Statute of Limitations (SOL) cannot in most cases be extended. 

THE ISSUE

You’ve worked hard to build your business, so it makes sense to protect it. Below are the top 5 reasons migration agents should hold and maintain Professional Indemnity and Public Liability insurance.

#1         Protect against claims of negligence, malpractice and professional misconduct

Registered Migration Agents are happy with the new Registration Cards and Certificates.

RMAs who have recently received their Registration Cards are RMA, Jolanta Vasquez with her card (above), and RMA and JP, Deepak Chettri with his card (below).

To order your RMA Registration Card or Practising Certificate, please click here. 

Just in from a RMA member of Migration Alliance:

"I've had a few run ins with DIBP of 4005 health criteria. There are two things that irk me about it and I think it might be open for a challenge, so I thought I'd let you know and if you think there's a case to be made by sharing with other agents in the blog.

PIC 4005 in defining the "period" for consideration states in (2):