Australian Immigration Daily News

Migration Alliance has received news that is apparently reliable that the proposed changes to PIC 4020 which were introduced by the Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017 have been disallowed by the Senate.

These changes came into force on 18 November 2017.

The changes would have enabled the Department to refuse a visa application on PIC 4020 grounds if an applicant had given or caused to be given either a bogus document or information that was false or misleading in a material particular within the 10 year period before the visa application was made (expanding the period from 12 months under the previous version of PIC 4020) and expanding the coverage of PIC 4020 so that it would apply not only to visas actually held by the applicant but also to visa applications made by the applicant.

The Immigration Advisers Authority (IAA) in New Zealand is the equivalent authority to MARA in Australia. A Licensed Immigration Adviser in NZ is the equivalent occupation to a Registered Migration Agent in Australia. 

Under the Trans Tasman Mutual Recognition Act (TTMR Act) is a mutual recognition principle between Australia and New Zealand that permits an individual who is registered in Australia for an occupation to be registered for the equivalent occupation in New Zealand (and vice versa).  Under the TTMR Act, MARA recognises NZ licensed immigration advisers that hold a full license to be registered as registered migration agents in Australia without any conditions or limitations. This is consistent with the intent of the act as these are equivalent occupations.

The issue is that IAA does not reciprocate and does not currently permit Australian registered migration agents to obtain full registration in NZ in the equivalent occupation of a licensed immigration adviser. 

The relevant principle under the TTMR Act states:



It is important to note that as per section (2) above, no laws of New Zealand can require any 'particular qualification' where registration is being made for an equivalent occupation. It is important to note that the definition in the TTMR Act for 'qualification' is not just limited to awards but also includes any specific experience, education or training. 



IAA state at http://www.iaa.govt.nz/become-adviser/trans-tasman.asp that applicants under the TTMR Act must apply for a provisional license and are not eligible for a full license:



As a period of supervision fits within the definition of 'qualification' as it is a 'specific kind of experience', and the TTMR Act principle states that equivalent occupations cannot require any additional qualification, IAA cannot request for the adviser to undergo a period of supervision and also be downgraded to a non-equivalent license (provisional rather than full). This is contrary to the intent of the TTMR Act, and contrary to MARA's recognition of the TTMR Act.

Fortunately the decision of the IAA to not grant a full license to an Australian registered migration agent can be appealed through the occupations tribunal of New Zealand. To date no one has taken the initiative to challenge this. A successful win in the tribunal will force the IAA to revise their policy and be consistent with the TTMR Act. Currently the fee for a review is NZ$600.

It is extremely unusual when the holder of an Australian visa is able successfully to challenge a personal decision by the Minister to cancel a visa on character grounds.

It is all the more unusual when a court overturns such a decision on the basis that it was “legally unreasonable”.

Are you ready to read about a case that is quite “extraordinary”?

First, you must answer a quiz! (I know, I know, it’s late in the year, who can be bothered with any type of quiz!!!)

Here it is, anyways: Do you need to be convicted of a criminal offence in order to have your visa cancelled?

The Migration Alliance has received an enquiry concerning the “Migration Amendment (Regulation of Migration Agents) Bill 2017”asking:  

“Can you help understand if the bill is coming into effect and what the implications are? “

 So here are the answers!