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Posted by on in General

The Director of the Office of the MARA has provided the following information to Migration Alliance: 

From 22 March 2021, amendments to the Migration Act 1958 will commence, allowing an Australian legal practitioner (lawyer) to provide immigration assistance in connection with legal practice. This means that a lawyer may provide immigration assistance without being a registered migration agent (RMA). 

These changes are as a result of the Migration Amendment (Regulation of Migration Agents) Act 2020 which also requires the removal of lawyers from the regulatory scheme administered by the Office of the Migration Agents Registration Authority (OMARA). 

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The Australian Study Requirement PI was updated on 26 February 2021 to cover new students.

Section 3.13.3 (Online study) now states:

Note: The requirements that overseas students can study up to 25% of their course online and visa applicants must have been physically present in Australia for study to count towards meeting the Australian study requirement will not be applied to COVID-19 impacted Subclass 485 visa applicants.

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The Director of the OMARA is sending out the following email today:

As advised in email correspondence of 22 February 2021, you have been identified as a registered migration agent (RMA) who holds an unrestricted legal practising certificate (ULPC).

Legislation commencing on 22 March 2021 will remove holders of ULPCs from the statutory scheme governing RMAs and as a result, on that date, holders of ULPCs will be removed from the Office of the Migration Agents Registration Authority (OMARA) Register of Migration Agents (Register). 

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Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6
High Court of Australia
Kiefel CJ; Keane, Gordon, Edelman & Steward JJ
Migration law - first respondent sought Protection (Class XA) visa - delegate of Minister refused application - Administrative Appeals Tribunal affirmed delegate's decision - first respondent sought judicial review - first respondent unrepresented but obtained interpreter's assistance - Judge Street, of Federal Circuit Court of Australia, dismissed application - Judge Street's orders, but not ex tempore 'oral reasons', were translated for first respondent's benefit - first respondent appealed - first respondent unrepresented - Mortimer J found no error in Judge Street's reasons or Tribunal's reasons - Mortimer J allowed appeal on basis that the failure to have oral reasons translated for first respondent's benefit 'constituted a denial of procedural fairness' - appellant appealed - 'procedural fairness' - 'practical justice' - whether first respondent deprived of opportunity to formulate argument due to failure to translate 'ex tempore' reasons - held: appeal allowed.
Minister for Immigration
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6
High Court of Australia
Kiefel CJ; Keane, Gordon, Edelman & Steward JJ
Migration law - first respondent sought Protection (Class XA) visa - delegate of Minister refused application - Administrative Appeals Tribunal affirmed delegate's decision - first respondent sought judicial review - first respondent unrepresented but obtained interpreter's assistance - Judge Street, of Federal Circuit Court of Australia, dismissed application - Judge Street's orders, but not ex tempore 'oral reasons', were translated for first respondent's benefit - first respondent appealed - first respondent unrepresented - Mortimer J found no error in Judge Street's reasons or Tribunal's reasons - Mortimer J allowed appeal on basis that the failure to have oral reasons translated for first respondent's benefit 'constituted a denial of procedural fairness' - appellant appealed - 'procedural fairness' - 'practical justice' - whether first respondent deprived of opportunity to formulate argument due to failure to translate 'ex tempore' reasons - held: appeal allowed.
Minister for Immigration (WML))
Minister for Immigration and Border Protection v EFX17 [2021] HCA 9
High Court of Australia
Kiefel CJ; Gageler, Keane, Edelman & Steward JJ
Migration law - Minister cancelled respondent's visa under s501(3A) Migration Act 1958 (Cth) - appeal concerned 'meaning and operation of' s501CA(3) Migration Act - Full Court of Federal Court of Australia held sub-section required that 'recipient be capable of understanding the information and invitation' to make representations and that Minister, or delegate of Minister, personally give information and invitation to recipient - Minister appealed - relevance of capacity of respondent to understand - whether personal performance of duties by Minister or delegate required - held: Minister's appeal grounds allowed - however appeal dismissed on basis invitation to make representations in letter from delegate of Minister 'did not provide a way to ascertain' period in which representations were required to made in accordance with Migration Regulations 1994 (Cth) - notice of contention upheld - appeal dismissed.
Minister for Immigration and Border Protection

Source:  Benchmark

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Please note: the OMARA sanction of 8 March has been posted on the Department of Home Affairs website. 

https://www.facebook.com/AusHomeAffairs/photos/a.371903576177377/4101947543172943 

“The Office of the Migration Agents Registration Authority (OMARA) has sanctioned an agent on 8 March 2021. The OMARA found that the Agent had facilitated the lodgement of four nomination applications without the sponsoring employers’ knowledge or permission. The applications also contained false and misleading information and documents.

For details about the actions taken by the OMARA to protect visa clients visit: https://www.mara.gov.au/news-and-publications/public-notices”

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