Christopher Levingston Blog

On 6 December the MIA sent to its members the following:

'The Migration Institute of Australia is aware of an email campaign and media statement that originated from Migration Alliance on 5 December 2013.

The MIA categorically rejects as untrue, inaccurate, and defamatory the claims made in that publication.

The MIA has sought and received legal advice regarding the matter, and has accordingly demanded from Migration Alliance and Liana Allan the retraction of that publication, and the publication of an apology.

The MIA had received information that the English language requirement for re-registration purposes had been removed and informed its Members immediately. Migration Alliance published its media statement after this.

The change of English language requirements for re-registration was a crucial development for the Migration Advice Profession. The MIA was delighted, as the leading representative body of Registered Migration Agents, to have been the first to receive, and then to relay, this important news to the Profession after working closely with Government to achieve this win on this issue.

The MIA will keep Members up to date with this situation.

Also on 5 December 2013, the Board of the MIA was considering the following request from Liana Allan of Migration Alliance, received 29 November 2013:

“I have previously written to you asking whether you are interested in our associations uniting in some way and finding some common ground for the sake of the profession.
Could you please let me know if you are open to talks?”'

It appears that the MIA Board is labouring under a misapprehension.

Liana Allan was NOT the author of the media release and the request for a retraction and an apology directed to Liana Allan is misconceived.

As to any “demand”  or alleged defamation that is a matter for the Board.

The Solicitors letter received by Liana Allan in all of her incarnations both as a member of the Management Committee, personally and as a Director of LTA saw me ring the Solicitors acting for the Board of the MIA to inform them that Liana Allan was NOT the author of the media release.

However, truth is a defense to an allegation of defamation and “injurious falsehood”,  which, although a popular cause of action, necessarily relies on a “falsehood” being proven.

I am unaware that any part of the media release being false, in any sense.

Even if that were not the case it would be prudent to inquire before issuing the above message and instructing Solicitors.

I think, as they say in the classics “ The die is cast”.