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Migration Profession Reform: The case for an independent immigration commission - call for submissions

Call for Submissions
The Case for an Independent Immigration Commission (IC)
 
 
SYDNEY, NSW - 25 June 2014 
 
WHITE PAPER
 
In anticipation of the announcement of the Minister regarding the review, Migration Alliance prepared a white paper which was sent to the incoming government, including the Minister last year.
 
The white paper outlines the case for an Independent Immigration Commissioner to be appointed by the Minister and to be accountable to Parliament on an independent basis.
 
Migration Alliance is seeking your feedback in relation to the white paper which reflects the draft formal position of MA at this point in time.  We would like your feedback and suggestions prior to making a formal and final submission to the Minister.
 
We invite contributions from individual members of MA and any other industry stakeholder, including the DIBP, MRT-RRT and other government, corporate and other entities.
 
Please send all contributions to This email address is being protected from spambots. You need JavaScript enabled to view it. with "IC" in the subject header.
 
Thanks go to Allan Hornery, Beatrice Leoncini, Christopher Levingston and Kurt Kraues for their contributions. 
 
Please find attached the white paper.
 
The announcement received from the DIBP yesterday is as follows:

 The Office of the Migration Agents Registration Authority (OMARA) as an industry regulator will be the subject of an independent review, Assistant Minister for Immigration and Border Protection, Senator the Hon. Michaelia Cash said today. 

Minister Cash said the review is consistent with the government's commitment to de-regulation.

"The review will examine and report on the OMARA's organisational capability and challenges, as well as the quality and effectiveness of its internal controls and governance," the Minister said.

"It will also examine the regulatory framework and powers of the OMARA to determine if they are still appropriate and identify opportunities to reduce regulatory burden." 

The review will be undertaken by Perth barrister, Dr Christopher N Kendall, who sits on the executive of the Law Council of Australia, is a Commissioner with the Insurance Commission of Western Australia, and was formerly a Commissioner with the Law Reform Commission of Western Australia.

Dr Kendall will provide a final report to the Assistant Minister in early September 2014.
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  • Robert Alexander
    Robert Alexander Thursday, 26 June 2014

    Please see below for an extract from the “White Paper” referenced above.

    "Competence
    Ensuring that clients receive good advice and assistance from Registered Migration Agents is the primary focus of the regulatory scheme. This aim builds on solid, established foundations to ensure that those wishing to give immigration advice and/or services are capable of doing so.

    Evidence of Eligibility

    The evidence produced by applicants – advisers and organisations – for entry into the scheme would need to be carefully examined and evaluated; and the same would be true if an adviser wished to work at a higher Advice Level
    ."

    “ …[b]Work at a higher advice level[/b]…” - Is it proposed by MA that there be a “tier” system for agents? ….that is;
    those qualified (or RMA’s),
    those "more” qualified (or “super RMA’s), and
    those "even more” qualified (or “super-duper RMA’s” - or is this where lawyers get to label themselves)?

    This will leave RMA’s exposed if they are not “lawyers” etc. Such levels will quickly eliminate sole traders who are starting out - or force them to do the “grunt work” for (and hand over their contacts/potential client streams to) larger firms given that clients will automatically prefer to use the “higher tiered” agents. Their only other option would be to lower their fees, creating a quick race to the bottom - the result would be disastrous to the profession’s standing.

    It also smacks of the elitism/self interest disguised as “responsible concern" I saw way too much of in the MIA.

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