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Immigration Daily News OMARA review should initiate policy discussion on unregistered practice
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OMARA review should initiate policy discussion on unregistered practice
The review of OMARA provides a rare opportunity for registered migration agents (RMAs) to voice their opinion on how the industry ought to be regulated. The Migration Alliance encourages RMAs to review its white paper and provide comments and suggestions before it is submitted to the reviewer.
The migration advisory industry is growing at a rate of over 6 per cent a year with currently some 5200 agents registered to provide migration advice. The demand for professional migration advice is on the rise. Perhaps the increase in the number of RMAs is due to the tightening of immigration legislation in Australia, making it a particularly tight-line for prospective migrants to walk alone in their aspiration for Australian residency. Perhaps the increase in the number of registered practitioners is also the result of the campaign against unregistered practice.
Undoubtedly, as immigration controls tighten and people become more desperate to gain entry or remain in Australia, the importance of good immigration advice will only intensify. Discerning clients will be looking to professional assistance given the complex migration laws and policies, the high stakes and increasingly expensive application charges.
Indeed, then the review of the industry’s regulatory is timely as the current regime is not working well enough given the numerous complaints from RMAs we have seen on this blog. The review then, provides a rare opportunity for RMAs to voice their opinions on how the industry ought to be regulated.
The Migration Alliance has taken the lead in this and has laid out a proposed framework for the regulation of the industry in its White Paper. To help ensure that this proposal properly reflects the views of RMAs, the MA has invited RMAs to comment on the White Paper and offer suggestions before it is submitted to the reviewer. The closing date for submission is 27 July 2014.
In essence, the Migration Alliance holds the view that the profession requires an Independent Immigration Services Commissioner (IC). The proposal in the white paper states:
“The IC would have two primary functions.
First, protecting those who seek, or may seek, immigration advice and/or services by ensuring that those who are allowed entry into, and to remain in, the regulatory scheme are fit and competent to operate at their IC authorised ‘Advice Level’ as a Registered Migration Agent.
Second, working with other law enforcement organisations such as the police and DIBP Investigations and Compliance branches, to identify, deter and, as necessary, take action against those who seek to operate illegally.
The Commissioner’s main roles would be:
To maintain a robust regulatory regime;
Operate a complaints scheme;
To seek out and take action against those operating illegally; and
To promote best practice, as far as possible, within the immigration advice sector.”
This is in line with the approach of the legal services industry in Australia and many other parts of the world in general where there are not as many complaints from practitioners and clients on the regulatory scheme as is the current case with the OMARA.
Most RMAs have welcomed the review and support MAs white paper. However, one of the most glaring issues in the industry remains unregistered practice.
Liana Allan of the Migration Alliance says, “The reviewer has not been specifically charged to review the issue of unregistered practice but there may be scope in the terms of reference to consider this problem. The conclusion of the review needs to at least initiate a policy level discussion on this issue that remains rife and a stumbling block for any regulatory regime.”
As submissions are set to close 27 July 2014, RMAs feedback must be delivered well before that date in order to be incorporated into MA’s white paper. 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. This is your chance to be heard.
Immigration blog
I believe that the Department should not incite its reader to feel that a registered migration agent is not necessary when making an application for visas to remain in Australia whether temporary or permanent. The comment on their website can mislead an applicant to think that the process is fairly straight forward and as long as the applicant is honest in their application, everything will be "hunky dory". Many of us who are practising RMAs would beg to differ from this view as we are often faced with clients who have placed themselves in compromising situations after their applications have been refused. The process is complex and it involves an understanding of legislation and policies enforced by the department which an inexperienced applicant would not have. The Department is pretty much telling the applicant to represent them self in a court of law without proper representation and expect them to succeed in their appeal/defence.
The other prejudice I find is in the way a Department will deal with an applicant if they applied on their own. my speciality is in student visas and on occasion we have students who do not wish to engage my services to apply for their visa. The student in question would be considered a GTE risk based on their current academic and professional credentials; however, as the applicant applied on their own, the requirement requested of the applicant was a lot more lenient than my students who had requested for my services in assisting them with their visa application and had genuine intent and documentation to back this up. The students were from the same assessment level country but when they were assessed, the applicant without an agent had little to no additional information requested to prove GTE criteria.