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Immigration Daily News Student Visa Level 2-4 Electronic Lodgement: Bad news for RMAsAustralian Immigration Daily News
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Student Visa Level 2-4 Electronic Lodgement: Bad news for RMAs
Migration Alliance RMA members will be disappointed to learn about the AL2-4 Student Visa lodgements. The following email was received by a MA member last week and sent into the DIBP:
I am sure you are familiar with the Level 2 -4 electronic lodgement of Student visa “trial” for students from China, India, Thailand and Indonesia. After more than 10 years(?), DIBP is still trialling?
My questions are:
1. What’s so special and sacred about this trial that it is still trialling after so many years?
2. Why is this electronic lodgement facility still a barb-wired fortress for a privileged group (all the onshore and offshore Student agents, plus a handful of migration agents who were admitted to the trial more than a decade ago) after all these years when all other parts of DIBP’s visa service are going electronic and are open to all migration agents?
3. At the moment, migration agents who are not in that fortress have to beg DIBP for admission to the fortress and they are invariably refused. The result is that migration agents (except the privileged few in the fortress) handling Student visa applications from these 4 countries have to continue to submit paper applications to Adelaide when all other visa applications are moving towards electronic lodgements.
I raise these questions because I would like to use the electronic lodgement facility and I cannot see the logic to specifically exclude this facility from ImmiAccount and keep it for use by a privileged group only. DIBP has an ambitious plan to phase out paper applications and yet at the same time is shielding this electronic lodgement facility form the majority of migration agents.
If you are as curious as I am, and when you have a chance to talk to the Assistant Minister for DIBP, or any top guns in DIBP, could you kindly ask them when this “trial” facility may be liberated and become part of the ImmiAccount for all visa applicants and registered migration agents to use?
The following is the response from the DIBP:
Below is the response I received from the Student Visa Policy Section:
The trial status of the Facility was formally resolved in 2012 following recommendation 2 of the ANAO’s audit into the Management of Student Visas (No.46, 2010–11). This report is available at: http://www.anao.gov.au/~/media/Uploads/Audit%20Reports/2010%2011/201011%20Audit%20Report%2046.PDF
The Department of Immigration and Border Protection has currently ceased granting access to new onshore Registered Migration Agents (RMAs) due to integrity concerns associated with applications submitted through the Facility. In response to the ANAO’s audit report, the department has committed to a regular program of audits and evaluation of registered agents using the Facility. These audits have routinely highlighted a high level of non-compliance among RMAs with the deed of agreement for access to the Facility, resulting in the termination of access for a significant number of these agents.
The risk to the integrity of the student visa programme has negated the processing efficiency benefits gained through using the Facility. For this reason, the last expression of interest for new RMAs to register to access the Facility was finalised in July 2011.
The department is working to implement changes to support the expansion of online lodgement for student visas, with the key objective being the introduction of global online lodgement for all student visa applicants. Once this model is implemented, it is intended that agents would also be permitted to electronically lodge on behalf of student visa applicants. However, the department does not consider the Facility, which is contingent on the restriction of access to offshore education agents and onshore RMAs only, to be suitable for wider expansion at this time.
Comments
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Thursday, 01 May 2014Prosecute the Secretary of the DIBP for aiding and abetting a criminal offence namely the provision of immigration assistance by unregistered (and not exempt) persons.
· Kelly Leeds likes this comment. -
Thursday, 01 May 2014This requires a High Court challenge, challenging the Federal Government over Restraint of Trade.
The only problem is the fee to have the case heard at the High Court. I have looked into and thought about it but at $50,000. it requires a lot of student visa applications to warrant that outlay.
May be a class action may be the way forward where all interested agents could invest a smaller amount and challenge on the basis of Restraint of Trade.
I would be the first to sign up to initiate action. I even have the law firm arranged to run the case. -
Thursday, 01 May 2014
With the DIBP's most recent published Statistics:-
"As at year-to-date (YTD) February 2014, there were 324,364 enrolments by full-fee paying International Students in Australia on a Student Visa"
"There were 89,665 commencements in YTD February 2014"
http://www.immi.gov.au/media/statistics/pdf/migration-agent-stats-jan-mar-2012.pdf
it showed that up to 80% of Student Visas were not Lodged by Australian Registered Migration Agents.
So one the one hand the DIBP publish warnings about who is able to give Migration Advice:-
http://www.immi.gov.au/migration-fraud/giving-migration-advice.htm
"Education agents must not provide immigration assistance"
"People who practice as unregistered migration agents in Australia are breaking the law and may be subject to fines of up to 6600AUD or imprisonment for up to 10 years."
and then appear to turn a blind eye to it all. -
Monday, 05 May 2014
Hers is a website link to updated Government Statistics which shows the proportion of visa applications lodged by registered migration agents between 1 October 2013 and 31 December
2013:-
https://www.mara.gov.au/media/236932/MAAR_Oct_Dec_2013_Web.pdf
Visa Class
Migration agent used
Total applications
Percentage lodged by
a migration agent
Family
3 775
12 240
31%
Employer Sponsored
8 082
11 549
70%
General Skilled
6 372
17 826
36%
Business Skills
2 116
2 880
73%
Student
7 312
48 279
15%
Visitor
2 729
315 939
1%
Bridging
1 592
12 499
13%
Refugee/Protection
1 896
3 073
62%
Returning Resident
97
25 825
0%
Temporary Resident
2 648
17 798
15%
457 Temporary Work (Skilled)
16 403
23 672
69%
TOTAL
53 022
491 580
11% -
Thursday, 01 May 2014
DIBP is promoting e-lodgment for most visas. We just don't understand why not apply e-lodgment to all student visa. Australia welcome overseas students. This is the time to make a change. Let e-lodgment apply to all student visas.
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Thursday, 01 May 2014
Thank you Migration Alliance for picking this issue up.
I agree with Mark Bridge, and would happy to contribute to any legal costs incurred.
We also have a offshore office in India and found that we are not able to lodge a online student application where as unregistered agents like IDP, Oceanic Consultants Private Limited, Atlas Education Consultants Private Limited, Dilinger Consultants, Global Reach, Oceanic Consultants Private Limited and Kangaroo Studies Pvt Ltd are on the register of DIPB to lodge online student visa application.
Looks like DIBP does not want registered migration to deal with student visa application. So also are the universities that do not want their cosy relationship with these agents to be disturbed by not giving agent agreements to new registered migration agents.
I request Migration alliance, to pick these issues up. -
Thursday, 01 May 2014
Does not take a rocket scientist to work out that the high rate of integrity concerns is caused by approved offshore users of this 10 year old trial mostly of whom are not registered migration agents.
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Thursday, 01 May 2014
I was in the trial as a RMA but when the trial finished I must have missed something because I later found that i could no longer submit electronic applications. However overseas education agents have access? Something stinks in Denmark .It looks like corruption, it smells like corruption but of course it isn't corruption; of course.
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Thursday, 01 May 2014
Noel, it gets worse, I registered for the trial when I registered for eGSM and e457 online lodgment because it was part of it at the time, but never got around to using it, and when it came to registering an expression of interest, I decided not to continue with it because I didn't really work with AL2-4 students.
Imagine my surprise when I get an email from the department saying that: ''...The department has conducted an audit for the period 01/09/2012 - 28/02/2013 in which you have been assessed against the following performance criteria as outlined in the Deed (blah, blah, blah,) ...Your results against the aforementioned criteria are recorded below: 0 recorded applications finalised and 0 recorded applications lodged...Therefore, it is not possible for you to have satisfied the criterion at Clause 10.7.1(j)...Consequently, as you have failed to meet both of the performance criteria specified above, your access to the Facility will be terminated on 9 December 2013...''
So I write and say - sorry, I didn't sign the agreement, I didn't register with it - why am I being cancelled and why should I have a record of having been unceremoniously ousted from a departmental program and the answer was:
''...Thank you for your email Beatriz,
I can confirm that there will record of non-compliance on your behalf. The account was picked up in the audit due to inactivity.
Yours sincerely,
Student eVisa Registration Team...''
Too right it was picked up for inactivity, because I didn't use it... so now I have a record of non-compliance...amongst other things, I would suspect... but that's not the point...
The short of it is that had I been an education agent, getting lots of students through and lots of commissions as a result, I would not now have a record of non-compliance and a very full account...
Now, when I protested about this, no reasonable answer was received on how to have this record of non-compliance dealt with. I am not compliant and that is it... I am following this up though I suspect it will be more of the same. HAS ANYONE HAD THIS HAPPEN?
if this is NOT a double standard and the whole system gone crazy by supporting non-migration agents lodging application, which is a criminal offence, I don't know what is...
I agree with Chris, The department is aiding and abetting criminal conduct by allowing this ... and it has to stop. Education agents are not exempt persons under the act so what's the go, then? -
Friday, 02 May 2014
I am aware of at least one ex-RMA who is still on the list of approved agents.
Makes one wonder how up to date the list is in the first place. -
Thursday, 01 May 2014
This is absurd that DIBP are still out to shoot RMA's who are doing the right thing by upholding the profession
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Friday, 02 May 2014
Regarding "non-compliance": The "non-compliance" verdict by DIBP refers to lodging less than their artificially set minimum offshore Student applications from these 4 countries in an artificially picked period. It is an arbitrary criterion based on the "signed agreement to participate in the trial". Just compare with this scenario: If an RMA does not lodge a single 457 visa online for 10 years, he is not penalised and barred from e-lodgement of 457 visas. So, why treat RMAS's differently in this "trial"? After all, DIBP's reply seems to suggest that the "trial" is over. Then, all the more reasons to open up this facility to all RMA's. Regarding "integrity": If, as the DIBP reply says, many RMA's were kicked off the facility for not lodging enough applications, then one could conclude that the so-called integrity issues were most likely caused by non RMA users who are the majority users of the system. If they commit crimes, why punish RMA's by denying general access by all RMA's? This matter is not just about the AL2-4 for the 4 countries. It is about equity. Why RMA's are not treated fairly? So, whether or not you do student visas for applicants from these 4 countries, I hope all RMA's will be concerned about this punitive treatment of registered migration agents. If we leave the matter as it is, and then another RMA asks the same questions again in another 3 years, I bet we will get the same answers from DIBP. Assistant Minister Senator Cash delivered a very vibrant, open-minded and encouraging speech in Perth this week saying, amongst other things, that she welcomes all suggestions and ideas on how to reduce red tape so that RMA's can do their jobs more efficiently. Would it be worthwhile for Migration Alliance to bring this matter to Senator Cash for her personal attention? This inequitable treatment of registered migration agents, favouring overseas education agents who are not registered migration agents, seems to run in the opposite direction of what the Liberal Party represents and espouses, in particular, their push for deregulation and scrapping of outdated and unfair legislation and policies. Properly registered migration agents have been "regulated" out of this facility for too long. We need her help to deregulate the outdated and unfair policy in this instance.
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Friday, 02 May 2014
5.2.2014
I appreciate Migration Alliance's initiative to lodge class action against DIBP for lodgment of online student visa applications for all registered migration agents. Migration Alliance has more than 4,000 agents as members and contribution of at least A$15 per agent will raise A$60,000 for lawyer's fees. Even if we fail in class action it will certainly give a strong blow on face of DIBP to take into account Migration Alliance initiatives to stop DIBP to formulate unhealthy policies and laws that hampers the small businesses of registered migration agents. Also class action will be necessary to remove 12 months advertisement for 457 visas for occupation listed by DIBP. DIBP will at least reduce it to 3 months advertisements for 457 visas. Similarly DIBP will at least consider AL2-4 student visa online applications by all registered migration agents. Collectively, if agents contribute a small amounts for lawyers' fees for class action each agent will not have to spend not more than a few dollars. Whatever will be the decision of High Court, DIBP will at least come to know about unity amongst members of Migration Alliance.· Kelly Leeds likes this comment. -
Tuesday, 20 May 2014
yes, i support you, Satish.
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Friday, 02 May 2014
It is against the law by not giving the full rights of work who have met all the requirements to practice as an agent i.e. did their CPD's, did the work diligently and paid the fees to DIBP for registration and then in return DIBP restrict the trade.
Either just take it lying down or do something about it. -
Friday, 02 May 2014
If you're looking at restraint of trade, can you also include ETAs ? Currently travel agents can process these free of charge for their clients (they usually charge their clients though), but DIBP doesn't give this right to RMAs.
· Kelly Leeds likes this comment. -
Monday, 05 May 2014
I was kicked out of the L2-4 student visa online trial after a DIBP "audit" saying I had not lodged required 30 applications in a year. This for me sounds like a bulk buy discounts ( advantages of simpler lodgement, faster processing, easier VAC payment, easier attachment and whole lot more..) for those un-registered who could marketing 30+ L2-4 students from overseas. is this the method of ensuring the quality of submission claimed by DIBP? we RMAs are forced to go back to ice age and lodge the application by bulky papers..
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Wednesday, 07 May 2014
So why don't they just shut down the trial until "the introduction of global online lodgement for all student visa applicants is implemented" instead of continuing to they themselves giving avenue to law breaking by allowing education agents who must not provide migration assistance to do so...something they should not have done in the first place. I fail to understand why they gave them access in the first place - access to do what the law clearly prohibits!
No wonder they are even doing it off line, on line and on shore as well without control without any protection to their "clients"...DIBP has long ago given their blessing to this...while they are on top of us to pay to obtain qualifications, pay to be registered and do all those other things with payment to be able to register and reregister...to be there to pick up the mess they may make of people's lives and sometimes the mess is so bad we cannot make it right no matter how hard we may try to convince DIBP that someone unregulated has created the mess. -
Tuesday, 20 May 2014
A couple of years ago, my right to use e-visa system was cancelled just due to one failure in student visa application. The number of my applications is just a few, so even one failure looked a high percentage. I hope that DIBP will resume my right for e-visa application.
If you have similar experience, how do we work together to lodge our appeal?
Immigration blog
So....
We are truly "The Dark Side"
Always better to exclude those who are legislated and controlled and let unregistered agents access alone. Who said Sir Arnold and Sir Humphrey have left this place.
It is a pity that the DIBP can't realize that we (as a collective) have a vested interest in ensuring the integrity of both the immigration system and the professional migration agents worldwide. This is our industry and our reputations rely on this integrity.
Cause one would think, for strong self-regulation that is fair, understanding yet ruthless when appropriate.