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IELTS for new RMAs
The Migration Alliance is wondering whether OMARA is carrying out it's decisions in light of the decision of the AAT in the case of Asif Syed. The AAT found that an applicant for registration as a migration agent requires an IELTS test band score of 7 in each band but this can be just one of the factors which MARA must consider.
The Migration Alliance wants to know whether MARA is ignoring this instruction by still insisting that an English language proficiency test such as IELTS can only be considered as proof of an applicant’s English language proficiency.
If new applicants would like to create a letter to the Office of the MARA the following paragraph might be added (the paragraph is a creation of Michael Suss RMA):
I also draw your attention to the Syed AAT case that you are well aware of and which places the onus on you to not just refer to the test scores in assessing an applicant’s application for registration. In other words, although an IELTS test band score of 7 in each band is required by law, MARA is obliged to consider each application on its merits. You are also aware of the implications of this decision as MARA referred to the implications of this test for future applicants, such as myself, in your publication ‘Migration Agent Activity Report: Quarterly report on the provision of immigration assistance in Australia’, (July – September 2012, http://www.immi.gov.au/media/statistics/pdf/agent-activity-report-jul-sep-2012.pdf), which put everyone on notice that ‘One of the resolved matters, Asif SYED, was recorded as an Office of the MARA loss and this is likely to have significant implications for future registration application decisions.’
SYED, Asif
–
AAT NSW
Issues:
Application for merits review of a decision made by the Office of the MARA to
refuse a migration agent licence to the applicant, a national of Australia. The de
cision to
refuse Mr Syed’s application for registration as a migration agent was made pursuant to
the
Migration Act 1958
and based on his failure to satisfy English language proficiency
requirements.
Status:
The AAT (Allen SM) set aside this decision on 5
September 2012.
Brief analysis:
The AAT rejected Mr Syed’s argument that the English language policy
was
ultra vires
. However, the AAT held that the circumstances were such that policy
ought not be applied, and instead the application ought to be consid
ered on its own
merits. In so finding, the AAT placed weight on the medium of Mr Syed’s schooling in
Pakistan, his training and employment in Australia, and his completion of the graduate
certification in migration law.
The AAT held
that '[a]ll of the ab
ove indicates that the Applicant has a capacity in the
English language that can be
regarded as more than a working knowledge. As he has
completed the ANU course successfully, I
infer that he has a capacity to understand,
interpret and explain
legislation.'
The AAT
considered Mr Syed’s English language
ability 'more than adequate' for registration as a migration
agent and hence set aside the
decision under review.
All replies will be confidential and there is no need for anyone to identify themselves. No names will be released.
Please reply to Michael Suss on This email address is being protected from spambots. You need JavaScript enabled to view it.
Comments
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Monday, 05 May 2014So true. Unless the completion of the Diploma takes the place of the IELTS ( as it should).
-
Monday, 05 May 2014
If the department is going to insist on IELTS for new agents will IELTS be required for officers of the department? If not then why not?
-
Saturday, 14 January 2017
Hi,
I completed my Certificate in Migration Law and Practice last year. I am required by the registering authority MARA to submit an IELTS exam with a score of 7 with no band score of below 6.5.
I asked MARA, if I could use the result of my IELTS that I took in 2 sitting, meaning using the results of my 2 exams. 9/10/2016 exam got a score of Reading 7 Listening 6 Writing 7 speaking 7 and 11/11/2016 IELTS score Reading 7 Listening 8 Writing 6, Speaking 8.
In this regard, I wish to use my listening score of 8 from my second exam to satisfy the English requirements. I made a query with MARA and the response was I need to take the exam in a single sitting only.
Question:
The legal basis are the legislative and regulations outlined below, but when the law is silent and it does not mention either IELTS should be taken in a single or 2 sitting, what should be the interpretation? Can MARA say only results in a single sitting are acceptable or can this be contested and argued that results of IELTS exams in 2 sitting should also be allowed as evidence for English language proficiency.
I hope with your bright legal mind you can provide me with a comprehensive response.
Section 289A of the Migration Act 1958
Regulation 5 of the Migration Agents Regulations 1998
Legislative Instrument IMMI 12/097 -
Thursday, 21 December 2017
Requiring an IELTS from some who already have received their post graduate studies from an Australian university is simply ludicrous and Discriminatory towards migrants who aspire to be a migration agent. Does it make sense that someone receiving their HSC education is Australia don't require IELTS but those who have received only their Post Graduate education, even a Masters, do require an IELTS By OMARA..its pure Discriminatory
Immigration blog
If IELTS is so important for Migration Agents then why is it not a per-requisite for the Grad, Cert and Grad Diploma. Given that an Agent has to secure a standard of English proficiency within a year of graduating from the course then surely this should be determined before a student undertakes the course not after