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Agents of concern: the names on the DIBP blacklist
I just received this link:
THIS LINK IS NOT HOSTED OR CREATED BY MIGRATION ALLIANCE. WE CANNOT TAKE THE LINK DOWN AS WE HAVE NO CONTROL OVER THE SITE THE LIST IS HOSTED ON.
As predicted the list has now surfaced.
Try opening the link above and see whether your name is on it.
I am going to contact every person who's name is on it and ask them what they are going to do about it.
This is not some DIBP 'mistake'. This is the specific targeting of RMAs through their clients which is a complete outrage and disgrace.
Two of the agents of concern have already contacted me to get advice about a class action.
Comments
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Wednesday, 20 August 2014Kevin do what Liana suggests. If you want to know why Grace Chen is on the list then ask her or ask the Department of Immigration themselves. Maybe she has been too good at her job and won too many cases and fought too hard against the Department so they don't like her.
I personally think it is best to spend your time doing FOI to see if you are on the second list. -
Wednesday, 20 August 2014
Hi Chris , Welcome back!
Your recollection is right on the money.
My memory tells me that the MIA?MARA connection produced bizzare decisions which in effect sought to anticipate the resolution of a problem even before it became a matter of concern.
I called that anticipatory flagellation.
My position has been consistent throughout. Don't anticipate what the Minister might want (who cares?) ; don't trust or rely upon anything told to you by DIBP, and if you are a membership organisation stick up for your members. -
Wednesday, 20 August 2014
The first thing I did when I read this Migration Agents of Concern List was to shout out to my staff, "hey how come I'm not on it?"
I mean I've been writing so many articles over the years making the Immigration
Department look like fools, that I thought I had deserved a place at the top of the list!
What does one have to do to get on this list?
Well that's the whole issue here, nobody knows, except the DIBP.
In the police do they keep a list of "officers of concern". Of course they do. And not just a list too, whole filling cabinets full of them.
Are they going to let all police officers know who is on that list? Are they going to release it to the public?
Of course not.
Now this list is public, the DIBP should explain to the community how they justify the inclusions.
I guess it means I will just have to piss them off some more before I can get on it.
I have just the thing in mind.
Karl Konrad
Managing Director
Australian Immigration Law Services -
Wednesday, 20 August 2014
I want to thank everyone for the support I've had, in particular Angela Chan of the MIA and Erskine Rodan of the MLA of the LCA. I have been working with Natalie O'Brien since October 2013 in trying to achieve natural justice for all those on the list. I set out below the email response/apology I received from Garry Fleming in November 2013 as to why I was put on the list "systems error"!!!:
From: Garry FLEMING [mailto:garry.fleming@immi.gov.au]
Sent: Wednesday, 13 November 2013 5:23 PM
To: Anne O'Donoghue
Subject: RE: Confidential Enquiry [SEC=UNCLASSIFIED]
UNCLASSIFIED
Anne
Apologies for the delay in getting back to you with a substantive response on this matter.
First of all, please let me assure you that the list of agents had no impact on case assessments nor on case officers’ views of an agent’s reputation. The risk scoring instrument was a tool used by administrative teams only to assist in allocating cases to case officers of particular classification levels and experience and it appears to have been used only in Partner processing.
Nevertheless, it is of concern to me that the list was being used without appropriate oversight and control to ensure accuracy and currency. Indeed, you should never have been on such a list… while you were ‘flagged’ on our processing system at one point, this was only as a mechanism to alert officers to a system error whereby the system was not recognising you as a registered migration agent. There was never any suggestion that you lacked integrity and I apologise on behalf of the department for any perception otherwise.
The list has been removed.
If the department uses an assessment of migration agents to risk tier cases, we will ensure that lists or ratings are accurate and appropriately maintained. Indeed, there may be an opportunity here for the notion we discussed of having ‘Platinum Card’ agents, whose cases are tiered towards low risk / lightest touch processing. I look forward to the department further developing that concept together with the migration advice industry and its peak bodies.
Garry Fleming
First Assistant Secretary
Migration and Citizenship Policy Division
Department of Immigration and Border Protection
Email: garry.fleming@immi.gov.au -
Wednesday, 20 August 2014
Anne
Good to hear you got help.
What exactly has Angela Chan done for you? Can you explain? The list was in operation in 2007 so the notes on the other FOI disclosure log says. That's when MIA had control of MARA like in the post earlier news. Not Angela's fault but still MIA nonetheless. Why not ask previous MIA board eg Ray Brown, Ivan Chait, Sinclair and Laurette Chau if they knew about the list back in 2007. Can't you defend yourself? You are a lawyer after all. Whilst I understand moral support is great and a listening ear is good too, if Angela isn't a defamation lawyer then I don't see the point. You may as well go to your best mates house and cry across a kitchen table over a cup of tea. Unless Angela is your best mate. I note the date Fleming wrote to you. Last year. Ages ago. Lots has happened since then. With all due respect a lot of evidence is pointing to the fact the list started in the days the MIA created the MARA. It's no mistake your name is on that list. It's no error. You weren't put on there by a whoops accident. Fleming is new to that role so he's just going off what people want him to say. Read the disclosure log. It's no mistake. Shame on DIBP. And shame on those officers who lied and told us all it wasn't in use any more. Shame. I hope it gets better for you. Good luck. -
Wednesday, 20 August 2014
Obviously the actions of the Dept raise many issues. I have a separate legal team assisting me in these matters. It really is inappropriate to discuss this further.
Anne -
Wednesday, 20 August 2014
Free plug to Angela Chan and MIA Anne? Go ahead! I agree with Maryann. The list isn't an error. Plus you have just given the evidence we all needed that the list is in fact real! Hooray!
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Thursday, 21 August 2014
I think everyone should be aware that list published on this blog was not the only list in circulation on the Department and MRT files. Through FOI I have at least seen 4 versions ( including the version published) with name changes. At all times I was at pains to protect the identities of those on the list.
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Thursday, 21 August 2014
At least you have the sense to protect people's identity Anne.
If you want to know if you are on the list. Just FOI yourself and find out. Then leave it at that, only you and you alone need to know this. Not published in such a manner. -
Thursday, 21 August 2014
Anne are you saying this list was distributed to MRT by DIBP? This is truly outrageous. People have a right to know if their name is on the list. Did you let them know? Obviously you would be at pains to protect your identity from getting out in public. I think the problem is that this list is everywhere. If it's not the only list then this is a frightening set of affairs. Anne this is a witch hunt. Do you have copies of the other lists? Scary.
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Thursday, 21 August 2014
Is MARA making this list and / or helping to update it?
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Thursday, 21 August 2014
I do no know what is happening now as of today but on the most recent FOI material obtained the Department had not even updated material against OMARA records since 2007/8. It was my complaint to Gary Fleming which started this process. This is frightening. As you know the office of OMARA is undergoing a Gov review and we are all awaiting the Report.
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Thursday, 21 August 2014
There are lots of questions and no answers.
Did you see what Gary Flemming said to Anne.
It just does not make any sense.
Lets look at the elements of the reply.
( I will make OBSERVATIONS in upper case against each relevant paragraph)
This is what he said:
"First of all, please let me assure you that the list of agents had no impact on case assessments nor on case officers’ views of an agent’s reputation. The risk scoring instrument was a tool used by administrative teams only to assist in allocating cases to case officers of particular classification levels and experience and it appears to have been used only in Partner processing."
NO IMPACT?...SO WHY HAVE IT.. THIS DOES NOT MAKE ANY SENSE.
Nevertheless, it is of concern to me that the list was being used without appropriate oversight and control to ensure accuracy and currency. Indeed, you should never have been on such a list… while you were ‘flagged’ on our processing system at one point, this was only as a mechanism to alert officers to a system error whereby the system was not recognising you as a registered migration agent. There was never any suggestion that you lacked integrity and I apologise on behalf of the department for any perception otherwise.
YES, APOLOGY ACCEPTED BUT WHAT ABOUT THE AGENTS OF INTEREST LIST?
"If the department uses an assessment of migration agents to risk tier cases, we will ensure that lists or ratings are accurate and appropriately maintained. Indeed, there may be an opportunity here for the notion we discussed of having ‘Platinum Card’ agents, whose cases are tiered towards low risk / lightest touch processing. I look forward to the department further developing that concept together with the migration advice industry and its peak bodies."
"IF" ...( THERE ARE)... LISTS OR RATINGS ARE ACCURATE..HOW CAN YOU DO THAT WITHOUT CHECKING WITH THE RMA AND YOU KEEPING IT SECRET? HOW IS THAT GOING TO HAPPEN IF YOU CAN GET ON THE LIST BY SOME SYSTEM ERROR, WHAT ASSURANCE DO ANY OF US HAVE THAT WE CAN TRUST DIBP TO GET IT RIGHT?
PLATINUM CARDS? GREAT IDEA, BUT THAT SOUNDS LIKE ANOTHER OPPORTUNITY FOR DIBP TO PLAY FAVOURITES AND PUNISH THEIR "ENEMIES". THERE HAS BEEN NO DISCUSSION WITH MA.
I HAVE A GREAT IDEA LETS KEEP IT SIMPLE. HOW ABOUT NO LISTS, NO LIES AND NO BULLSHIT?
"The list has been removed."
YES IT HAS BUT A NEW ONE HAS BEEN CREATED.
Is it any wonder that RMAs have no confidence in DIBP, isnt this a complete scandal? Imagine
if this was happening to other Australian Citizens? Did we all give up our rights because we are RMAs and the public policy settings to "protect vulnerable consumers" allow DIBP to do as it pleases. Aren't RMAs "consumers" as well, what about the clients who are getting a heavy handed case officer because of some secret DIBP list?
How about a Royal Commission? If that is over the top what about the Senate standing committee on constitutional and legal affairs getting to the bottom of this? Any takers? -
Thursday, 21 August 2014
In principal I do not disagree with Chris as regards Gary's letter.
It is where we go from here?I have been working with Natalie OBrien with media articles pushing for an Ombudsman Review. Devastated but not entirely unexpected ,to discover that a list as there have been many was still in use (renamed and rebranded) and had not been removed .Whatever happens an independent review must take place so that this never happens again. In the meantime I suggest that as many lawyers/ agents that can make complaints to the Ombudsman's office do so. -
Thursday, 21 August 2014
Colleagues,
How about a complaint to your Local Federal Member?
Anne, is Malcolm Turnbull your local member?
Copy and paste the link to the website and ask them to write to the Minister to initiate some sort of enquiry. -
Thursday, 21 August 2014
What does the ICCPR have to say about this sort of behaviour:
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks. -
Thursday, 21 August 2014
Hello Everyone.
I have looked at this list, and I remember that it dates from way back. I think around 2002. I've still got my Registration documents from MARA (as it was then) since 2000. That's 14 years ago. As you can see, this is giving "MARA Number" at the top (not OMARA)..
As it was so long ago, I doubt I still have the application copies saved.
I have no problems with my OMARA registration. I've had a few problems with clients,
getting corrected information, money - just things you expect in a business. I once stuffed
up a form when I was a new Agent - but this was sorted out 10 years ago. The case went
through without further queries.
But this thing has gone out to everyone, and I am contacting DIBP about how I can clear my name. I am sure we all want to clear our names!
Best to everyone, Mary
21.08.14 -
Thursday, 21 August 2014
Guest whoever you are. Anne was protecting her own identity and others as well by default because they were on the same list. As for publishing it, nobody on here has published the list. It has been going around the traps for a while now, and seems to be popping up on different websites across the world. Don't you think agents deserve to know what their clients and others are looking at? Especially when their name is on it? Otherwise they can't defend themselves or make things right. Who put the list on that website it is sitting on at the moment? Could be anyone.
Immigration blog
"I want to thank the MIA/MARA for this outstanding piece of work and ask.."what were you thinking?"
I ask what were YOU thinking Christopher. Don't you remember that the MIA committee were exactly the same people who sat on the MARA board. I regularly complained on the MIA forum (could be why I was banned several times) that they had immense conflict, the very people who in the morning sat around the table discussing what was best for members (well they were supposed to) came back from lunch and sat as MARA Board Directors and talked about controlling all agents, not just MIA members. So do you wonder who some of the names were listed in those circumstances? I don't!