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IELTS for re-registration update
The following information is available on ComLaw re IELTS for repeat registration from 1 Jan 2014:
http://www.comlaw.gov.au/Details/F2013L01858
I will be meeting with Senator Cash at 10am to discuss this, amongst other things.
Agents, please URGENTLY provide your comments to this blog so that I can take the feedback to the meeting.
To me it seems like the addition is that lawyers don't need to do the test.
Comments
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Wednesday, 30 October 2013There is no IELTS testing for professionals working in the life and death situations. Such a requirement is not needed for the law professionals and other para-legal workers. The rationale for introducing this prerequisite is unconvincing. It does more harm then good. It discriminates against agents who first language is not English and also deprives clients choosing an agent that is bi-lingual. If English proficiency is an essential skill to have when dealing with immigration law, then all persons, regardless of whether they are migration agents or public servants involved in the field should be subjected to this requirement. Obviously, this requirement does not affect those non-migration agents working in the field, it makes no sense to put a "barrier" against the migration agents. There is no evidence to suggest that a person with good English proficiency will make a better agent than those without. If there is no clear evidence that English requirement is "essential" for the work, then the introduction is not clearly justified on any grounds except for a discriminatory one. Such legislation should be challenged in the High Court via class action.
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Wednesday, 30 October 2013
Well said! I fully endorse your point of view !
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Wednesday, 30 October 2013
I fully agree with you, Tony. I myself passed IELTS ten years ago when I applied for PR and achieved 7.5 averagely with all bands over 7. Later I passed NAATI tests and was accredited as a professional interpreter and translator as well. For the past 8 years in practicing, I have personally no language problem with either agencies or the Department, or any one of my clients who only speak English. However, because I was registered as a RMA in 2005, I have unfortunately fallen into the group which is required by MARA to undertake an IELTS test. I did sit one two months ago and achieved 8 averagely with all bands over 7. English language has never become a barrier for migrants like me however, it now has been used as a "tool" to restrict many good RMAs to practice. Yes, the requirement is unfair, discriminative and unconvincing. I know some of my best colleagues are struggling to get the IELTS result but they are always doing a great job with so many clients. Why? MARA, please give us a convincing explanation, as well as the reason why you have to be existing there to "regulate" us.
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Wednesday, 30 October 2013
This is absolutely ridiculous policy. A similar case like a Chartered Accountant who has been practicing over years, all of a sudden ,he or she is forced to take the IELTS test. That means they would be deprived from working in the industry. Why only migration agents but no other industry professional. It’s unfair and discrimination.
Migration agents have been a very important bridge between Australia and other counties. Without them, it’s hardly impossible to bring in more investors ,skill talents and students who have contributed or are contributing significantly to Australia community and economy. In particular, migration agents are the first point of contact to the SIV investors who will be another drive to some industry in Australia.
On the other hand, most of the migration agents have completed the courses and proved to be qualified for practice. On what ground does MARA assume those migration agents registered in that period are unqualified for their position. -
Wednesday, 30 October 2013
This requirement is extremely unfair for all those migration agents who have been running their migration consulting business successfully for last many years, without any difficulty in communicating in clear and correct English. Why should they waste their time and money to take IELTS test for no rhyme and reason? The entire idea is to throw many successfully agents out of business so that their clients can be grabbed by migration agents born in Few English speaking countries. It is a racist policy.
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Wednesday, 30 October 2013
This is rather unfortunate attempt by MARA to discriminate against cross section of some of the Agents who might be struggling to pass the threshold mark. What baffles me is, on what ground and by what means do MARA categorically assessed an Agent with 9 and half years practice and one with ten years and come out with an embolden statement that the former poses risk to the profession? It is not fair. Is this not a discrimination? A law should be applied evenly across the board if will have meaningful purpose for the profession. This was not the case which is very sad
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Wednesday, 30 October 2013
we help people from different cultures using their own language to get better understanding to their needs. Doctors operating on brains and hearts are not required to set IELTS and lives between their hands, what about accountants dealing with ATO and clients need to understand every single word Cleary, what about Police officers are conducting investigations also prosecutors which single word can cause unbearable damages to human been
I feel just a kind of adding stress on RMA on the other hand course of action might be last resort
at least RMA with Graduate Certificate of Immigration Law should be considered as Australian Qualification (in English) -
Wednesday, 30 October 2013
After having awarded with 2 Masters, 2 Bachelors, and lastly awarded with PhD from Australian University, it is shame to appear before the IELTS test. There is no guarantee that MARA wouldn't request to all agents complete LLB with major in Immigration. Why not MARA request all DIBP officers to show their individual IELTS band 7.0 from 1 February 2014.
It is completely racist attitude that is unjust and unfair for experienced Agents.
Muhammad -
Wednesday, 30 October 2013
On 24th February 2010, I became a registered Migration Agent and opened up an office in Blacktown. Since then, I have served more than 500 clients in my 3 years career. I have represented my clients with positive results in complex matters of visa cancellation and visa refusals not only with DIAC but also with Migration Review Tribunal. Neither DIAC officers nor MRT members have any issues with the fluency and delivery of my English. Additionally, I have gained the required CPD points for re-registration every year.
My repeat registration is due on 24th February 2014. If due to my busy practice I cannot clear the exam, my 500 clients will be left in limbo. These clients trust me and I have always kept their trust with positive results for them. If my license is not renewed, my clients with pending cases would be affected. Who will take care for these pending cases? If they have to go to another agent for professional services of their pending decisions, they have to pay professional fee again.
This silly decision of previous Government will create unemployment of ethnic RMA’s. RMA’s will be forced either to go on Centrelink payment or practice illegally. Government has to spend millions of dollars on law enforcement to stop illegal practice. What would be the achievement?
This whole instrument must be revoked and RMA's must be allowed to re register without IELTS. If there is an issue of English for particular agent, he or She can be sent for additional CPD points addressing English language. -
Wednesday, 30 October 2013
The intentions of the new English test requirements is to ensure that migration agents are able to analyse and understand the migration regulations properly (good level of reading skill required), and communicate effectively with the Department of Immigration and Citizenship (good level of writing skill required), so that agents are able to give the right assistance to their clients. Migration agents who have passed the educational competencies of the Australian universities have been deemed competent and no further scrutiny is required, especially that the test has been designed to be a one off event.
4. The discussion under which the test is going to be governed for people who have studied in English speaking countries is discriminatory and unjustified. According to Schedule 6 of the Migration Regulations, having a passport from some English speaking countries is equivalent to the IELTS score of 6, whereas in this proposal it is regarded as the score of 7. -
Wednesday, 30 October 2013
I have registered for more than 5 years and my workmate for 6 years, we never had any problems in dealing with DIBP and clients. we have pretty high successful rate, it is not fair for us to sit for IELTS test for re-registration. Most importantly, it will be killing for our business if we discontinue our re-registration. as far as I know, this is a killing policy for quite a lot RMAS.
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Wednesday, 30 October 2013
This is the uttermost ridiculous thing that has ever been happened since the white Australian age. We've been told that in the old days, an officer on the boarder entry could ask any new comer to pass a language test in any European language. As an Australian Citizen, I feel that the previous congressmen were mad to have allowed it to pass. Can we be allowed to welcome a neo-Nazi group in Australia again to fight against civilisation? The answer is definitely no.
The new law is bias and discriminates certain groups of people. There have been questions raised such as: Why are the officers who are not required to pass an IELTS test in 7x4 still allowed to work in DIAC? Why don't lawyers need to do the test? Why has someone who has attained a post-graduate certificate and who has had long term experiences in the industry, still suspected to be not qualified as a RMA?
IELTS are not accurate. Studies have shown that a person who has sat the IELTS in short period of time (around 2 months), has had 4 different outcomes: 1. R: 7.5 L: 8 W: 6.5 S: 7; 2. R: 7, L 7.5, W: 7, S: 6.5; 3. R 8, L: 6.5, W: 7, S: 7.5; 4. R: 7, L: 9, W: 7.5, S: 6.5. No evidence can prove that a registered migration agent can’t practise as a qualified migration agent just because one band of IELTS is lacking by 0.5 of a score. A registered migration agent shouldn’t be suddenly non-illegible just because the result of their IELTs test includes one band 6.5 with the rest of them being 7+. This is absolutely imprudent. To say to someone who is already registered as a migration agent and who has been greatly appreciated in their community with a great reputation for their services that they’re suddenly unqualified to be a lawful migration agent simply because their IELTS test score was short by 0.5 in just ONE band is completely unfair.
This is a tactic that is able to recruit skilled migrants, but it is unfair to have this restriction on Australians who are already practising in this industry. A post-graduate certificate is a lawful requirement set out by the government which means you’re already qualified by law. This is already a previous requirement for registration. Once someone has the requirements to be qualified, you can’t suddenly change your mind to have another requirement for something that already exists. By doing this, you’re saying that you could just keep changing the law at any given time. Having consistent commitment to something is extremely important for a government.
The IELTS requirements for a registration of existing registered migration agent is against the constitution and is a discrimination to the people who have already been registered for many years as well as have practised in the industry for many years. We don’t just want to stop it. We want to find out who is the racist in the Department and in the Parliament.
We can't agree to use an overseas Language test organisation like IELTS to test Australian people and its citizens. IELTS is an imported tool and even though it is from a native English language country, the English language is still different in relation to the accent or use of vocabulary. You may use it as a tool to test aliens, but you can’t use IELTS to test Australians.
Using IELTS as a guard line to ban people who have practiced in an industry for years and rely on their jobs to create a living is totally wrong. It corrupts Australia’s harmonious life and forces people to rely on Centrelink because of their loss of jobs. Why are you getting rid of workers when they’re performing well as a professional in their community?· M. Zhu likes this comment. -
Thursday, 31 October 2013
Frank your reasoning makes sense and is absolutely right! Stop discrimination and racism to non-native English speakers! The coalition government needs to stop this in order to show its integrity, fairness and credibility, the elements of being a trustworthy country leader and administrator.
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Thursday, 31 October 2013
Frank your reasoning makes sense and is absolutely right! Stop discrimination and racism to non-native English speakers! The coalition government needs to stop this in order to show its integrity, fairness and credibility, the elements of being a trustworthy country leader and administrator.
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Wednesday, 30 October 2013
Hi
I agree with comments I have read. If this is a requirement for re-registration it is wrong. If this is implemented how about all case officers being subjected to the same requirements. That would seem fair. Many bilingual agents are communicating to a particular segment of their clientele because of their ability to do so effectively, which leads to better outcomes for applicants who describe English as a second language. -
Wednesday, 30 October 2013
I'm just looking at the ComLaw IMMI 13/089. I feel very confused for this instrument. It says revoke IMMI 12/067 in 1). I think it's good; we finally don't need to do IELTS. But it also "specify" in 2). In there many points were exactly the same as IMMI 12/067. What's this IMMI 13/089 really mean?
Please talk to the Hon Senator Cash that we are in the business and always obey the law. My registration number is 0322747, but the initial registration was approved by 9 Jan 2014. Why Registration earlier means BETTER ENGLISH?? Who has made a silly idea of initial registration from 1 Jan 2014 need to show English ability? This is ridiculous and discriminate requirement. Just like a doctor who has registered for almost 10 years, do they need to do IELTS before they renew license? A PR or a citizen who has been living in Australia for less than 10 years, do they need to do a new English TEST, or their citizenship will be cancelled??? Government should make fair and reasonable decision.
We are the member of Migration Alliance and we are in this big family, please fight for us. The DIAC /MARA is doing a criminal thing by add this requirement to re-registration members. The new coalition government should stop making this silly mistake. -
Wednesday, 30 October 2013
The design of IELTS does not reflect the level of English a RMA uses every day, we read and deal with migration law, not science or history, we write submissions for our clients’ applications, not describe a comparison chart of male and female smokers. How could an IELTS test serve the purpose of bettering English skills for migration law in either the academic or general module?
Most of our agents are not afraid of doing IELTS, but the underlying intentions of this legislation is completely nefarious. It is racist and nasty, and is completely unfair and ridiculous. Do not try to disguise this by praising its supposed purpose, it is so transparent and obvious and everyone can easily see through it! If we are to do IELTS, get the DIAC officers solicitors and lawyers to do the same. Why can solicitors be exempt when for they are responsible for a much wider range of laws?
Do registrations post- 2004 mean they have worse English skills than those who registered pre-2004?
Only those who receive continuous complaints from various case officers in regards to his/her English standard should be a concern! (I guess there is none). Not all migration agents!!! -
Thursday, 31 October 2013
The design of IELTS does not reflect the level of English a RMA uses every day, we read and deal with migration law, not science or history, we write submissions for our clients’ applications, not describe a comparison chart of male and female smokers. How could an IELTS test serve the purpose of bettering English skills for migration law in either the academic or general module?
Most of our agents are not afraid of doing IELTS, but the underlying intentions of this legislation is completely nefarious. It is racist and nasty, and is completely unfair and ridiculous. Do not try to disguise this by praising its supposed purpose, it is so transparent and obvious and everyone can easily see through it! If we are to do IELTS, get the DIAC officers solicitors and lawyers to do the same. Why can solicitors be exempt when for they are responsible for a much wider range of laws?
Do registrations post- 2004 mean they have worse English skills than those who registered pre-2004?
Only those who receive continuous complaints from various case officers in regards to his/her English standard should be a concern! (I guess there is none). Not all migration agents!!! -
Thursday, 31 October 2013
Some case officers of DIBP that I used to deal with do not understand Laws and Regulation properly and caused many troubles for visa application. For example case officer Colin Tang from Perth Visa Parents Center. I do not understand why he is qualified as a case officer of DIBP. If IELTS is applied to Migration Agents, it should also be applied to all Case Officers of DIBP & MARA officers.
Immigration blog
This is absolutely unfair. All the migration agents already met the English requirements when they were initially registered. I clearly remember that there were also English requirements between 2004-2010. Who knows if we are required IELTS 8.0 in the future.