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Deregistered Agent slips back as education agent
A migration agent whose registration was cancelled by the MARA in 2012 and whose appeal to the AAT recently failed is now working as an education agent, according The Australian, nicely slipping into the loophole festering with unregulated agents and surely and steadily damaging the $15 billion dollar industry.
In cancelling the migration agent’s registration of Jackie Chang in 2012 due to several serious complaints of the breach of the RMAs Code of Conduct, the MARA stated that:“A registered migration agent is required to be a person of integrity, and a fit and proper person to provide immigration assistance. On the basis of its findings in these complaints, the Authority decided that the Agent was not capable of meeting this standard, and subsequently cancelled his registration”
Clearly this does not apply to education agents as Mr Chang has managed to slip back into business telling The Australian that now “he restricted himself to work as an education agent.”
Many of the breaches of the Code by Mr Chang arose from agreements entered into by Mr Chang with, on the one hand, a Chinese agency, Zhaolong Education Consulting Services Co Ltd (Zhaolong) and, on the other hand, Australian educational institutions.
In brief, Zhaolong promoted courses offered by Australian institutions to Chinese students, for example by advertising in Chinese newspapers. Students who were interested in applying to study in Australia could retain Zhaolong to assist them in finding an appropriate course and in making the necessary arrangements to facilitate their study. Zhaolong charged its clients a fee for its services.
Mr Chang provided information to Zhaolong about courses offered by Australian institutions in Sydney, including a schedule of enrolment and tuition fees. If students expressed interest in undertaking a course at such an institution, the arrangement with Zhaolong was that Mr Chang would provide immigration assistance for the students by helping them with their visa applications, together with educational assistance in helping them enrol in their preferred course.
The payment for his services took the form of first, a discount permitted by the colleges on its fees and, second, a commission based on a percentage of the actual fees paid to the college. From the commission, which averaged about 30% of the tuition fees paid to the college, Mr Chang paid 10 to 15% of the tuition fees to Zhaolong. Mr Chang had similar agreements in place with other Chinese agencies.
It’s unclear what code of ethics, if any apply to these agents whose work is focused on dealing with the young, vulnerable and gullible. And where exactly the line is between migration advice and advice to students keen on migrating for education to what is now one of the world’s most popular places for international studies.
Do the universities and education institutions care about who brings them their students? According to The Australian, despite Mr Chang’s background, he still had agreements with CQU and Macquarie University.
AAT Deputy President RP Handley stated in his decision that, “The exorbitant payment [Mr Chang] took from each client ... appears to have borne little or no relation to the work undertaken.
“The students were vulnerable: some were under 18, they had limited knowledge of English and of Australia and its education system, and were reliant on Mr Chang. In providing them with assistance, essentially he held a position of trust. Yet, he did not reveal to the students the very substantial portion of the tuition fees that he intended on keeping, and did in fact keep, as payment for his services. Nor did he reveal the agreements he had with the Sydney colleges pursuant to which he received a commission. He breached the students’ trust.
“If Australia is to attract international students to study here, it is imperative that the students’ interests should be properly protected. Clause 1.12 of the Code imposes on the agent the overriding duty to act at all times in the lawful interests of the client and states that any conduct falling short of that requirement may make the agent liable to cancellation of his or her registration.”
The exact amount retained by Mr Chang in respect of each of the 2009 complainants, however, remains unclear. In the MARA’s Statement of Facts of Contentions, the following Table appears:
|
Client |
Tuition Fee paid by client |
Amount retained by Mr Chang including commission from the school |
Percentage of Tuition fee retained |
Agent fees paid directly to Zhaolong |
|
1 |
$14,500.00 |
$8,470.00 |
58% |
Y37,000 |
|
2 |
$15,200.00 |
$8,500.00 |
56% |
Y10,000 |
|
3 |
$13,920.00 |
$7,920.15 |
57% |
Y8,000 |
|
4 |
$14,550.00 |
$7,850.00 |
54% |
Y8,770 |
Comments
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Wednesday, 30 April 2014Well spotted Wayne! Thanks I just went in and edited it.
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Wednesday, 30 April 2014Many education agents provide Migration assistance in all forms and manners. The Department generally favours education agents to Migration agents in their dealing as Education agents are more submissive lacking in advocacy skills which case officers dslike.
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Wednesday, 30 April 2014
Thanks Wayne. Yes, a $15 billion industry indeed. The AAT's judgement did have a hint of disappointment that the best it could do was affirm MARAs decision.
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Thursday, 01 May 2014
I recently received email from DIBP that they have denied my access to Students eVisa System fro Assessment Level 2-4.
I believe evisa AL2-4 has been created using Australian Tax payers money but the facility is dedicated for Offshore Unregistered Agents, it is shame for RMAs who are denied this privilege.
The evisa facility access contract it is biased and illegitimate for RMAs who work hard and have very high success rate in all matters any way, but RMAs performance is measured against Unregisted Offshore illegitimate Agents on the cost
-------------------------------------------------------------------------------------------------------------------------------------
For-Official-Use-Only
Dear Sir/Madam
In December 2013, the Department of Immigration and Border Protection (the department) introduced a new way for users to lodge online applications called ImmiAccount. ImmiAccount is a portal through which clients can access a number of departmental systems and to see all their applications within a single view.
In preparation for ImmiAccount’s introduction, the department used an automated approached to transfer the system access for existing users into the new ImmiAccount. We have subsequently reviewed this process and identified that a number of users that have been incorrectly provided access to the Assessment Level 2-3 eVisa Facility (Education Agent Access).
You have been identified as one of these users for whom Education Agent Access had been incorrectly added and, as such, your access to lodge Student visas applications (subclasses 570, 571, 572, 573, 574 and 575) online for Assessment Level 2-3 students has been removed. The removal of this access will not impact on your capacity to lodge paper applications nor to lodge online Student visa applications for Assessment Level 1 students.
If you currently have applications pending, you should liaise directly with the relevant processing office or case officer to submit relevant supporting documentation should you need to do so. For applications on behalf of Chinese or Indian nationals, email to svcsa.offshore@immi.gov.au and for applications on behalf of Thai or Indonesian nationals, email to perth.offshore.students@immi.gov.au.
In accordance with the Terms and Conditions for ImmiAccount, you have 28 days from the date of termination of your account to contact the department if you believe that your access to lodge online Student Assessment Level 2-3 Applications has been wrongly removed.
Requests to reinstate account access should be emailed to eVisa.Registration@immi.gov.au and should include any supporting documentation you may possess.
I regret any inconvenience that this may cause you.
Yours sincerely
Student eVisa Registration
For-Official-Use-Only
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I request Migration Alliance to lobby for RMAs to access eVisa facility of offshore Student visa application lodgement for Assessment level 2-4. -
Thursday, 22 May 2014
Liana / Chirs
can we initiate action on DIBP for the followings:
- Stopping Australian Business to access eVisa facility at par with all clients of DIBP
- end the use if Trial AL2-4 and merge in to Immi Account
- stop discriminating RMAs against so called lobbyed education providers and using evisa system in irresponsible manner and hampering our right of equal
- stop bringing shame to RMAs as Australian Citizens while continue to appease non Australian agents
- Commonwealth Law is made to protect it the rights of Australians at first and is available to rest of non Australians as per Bilateral relationships
- sue current and past Immigration Minister for this malpractice
- we will collectively contribute to the cost of filing the case and bring Immigration Minister to justice and get our voice heard
- we will collectively sue Immigration Minister for the Monetary losses of RMAs business in last 10 years for depriving the right of RMAs as Australian Citizens to access equal and our privileged rights under Commonwealth Law
It is unjustified and unacceptable to Australian Citizens when we see Immigration Minister is facilitating non Citizens while he continues to damage RMAs sole business, there is no justification to any excuse.
I demand a fair and independent inquiry by Immigration Ombudsman / AFP's to be initiated to find the inside out of the reasons why non citizens are been granted privileges over Australian Citizens, who is receiving kick backs from these agents or else and report on estimation of business loss caused to RMAs in last 10 years
I demand this must end now and our rights must be restored unconditionally
Immigration blog
Just to check your headline "$5 billion dollar industry", I think you missed a 1 in front of it.
https://go8.edu.au/publication/international-students-higher-education-and-their-role-australian-economy
"The scale of the Australian education export market is well above what might be expected when considering the size of our population and economy. Australia is the third most popular destination for international students, attracting nearly seven per cent of the world’s international students. Nearly 300 thousand international students will commence study in Australia in 2014, the majority of which will be in higher education. This $15 billion industry is Australia’s fourth largest export, following just iron ore, coal and gold."