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DIBP negative propaganda about RMAs must end
The Office of the MARA annual report for the 2013-2014 year has been published.
I saw it on a Facebook post today from the DIBP. The DIBP was advertising the Office of the MARA. It reads as follows:
As at 30 June 2014, there were 5212 migration agents registered with the Office of the Migration Agents Registration Authority (OMARA). The authority decides who can register as a migration agent, monitors the conduct of agents, and manages complaints about them.
How do other agents feel about the wording in the advertising of our profession? In my view, this type of wording implies that agents need to be monitored, that their conduct might be less than ideal and that migration agents need to be 'managed' due to the fact that they get complaints raised against them.
I don't see this as positive messaging by the DIBP about the RMA profession. In fact I see it more as fear mongering and negative, only pointing out the 'policing' angle that the Office of the MARA has.
I don't see 'facts' being published by the Law Council or the Law Society, CPA, ICAA, or Bar Association about lawyers or accountants like these #ImmiFacts about RMAs.
I see this messaging by the DIBP as evidence of the often unspoken conflict between the DIBP and RMAs. This is because the making of visa applications by RMAs to the DIBP can be an adversarial process. Agents are there to represent the best interests of their clients and know their law well. The case officer is there to represent the government and often finds it more difficult to refuse a visa when an RMA is involved. This is because RMAs are more willing to fight for their clients on technical grounds, use legislation to argue against policy, and to appeal poor DIBP decisions to the tribunals and beyond.
This visa application 'adversarial battleground' has led to the 'us' and 'them' situation between RMAs and the DIBP, and a general unspoken distaste by the DIBP for the RMA profession. In many ways RMAs can be the bain of the DIBP's lives, constantly pushing the law and relentlessly advocating for their clients. The DIBP could otherwise just refuse applications if it were not for the presence of an RMA in the equation.
There is conflict between RMAs and the DIBP. It is there. Real. RMAs smile through gritted teeth and remain courteous in meetings, but the cold war is there. Part of it is evidenced in the propaganda spread by DIBP/OMARA about RMAs through DIBP/OMARA media channels.
Probably every conflict is fought on at least two grounds: the battlefield and the minds of the people via propaganda.
The “good guys” (In this case what the DIBP/OMARA want to be) and the “bad guys” (RMAs). I believe that this type of information is guilty of misleading the public with distortions about the RMA profession, exaggerations about RMA conduct, subjectivity, inaccuracy regarding 'facts' and even fabrications ("The authority works collaboratively with its stakeholders"). In many ways the DIBP sends this information out in order to receive support and a sense of legitimacy for the Office of the MARA.
I am not saying that all agents are without fault. What I am saying is that we need to look at comparative statistics and analyse the number of complaints against agents as against other professions, and the number of agents disciplined by the OMARA within the last 12 months to understand that the levels are extremely low. The problem is almost non-existent.
In many ways I see the OMARA contracting the DIBP to sell a very negative message about the RMA profession. The OMARA engages in general, low-level negative propaganda about RMAs without attribution to source documents (facts).
It is this general, low-level dialogue from DIBP/OMARA about RMAs that RMAs are somehow so 'dodgy' that they need to be managed, monitored and have their conduct scrutinized which is leading everyone into a lose-lose situation. It keeps 'us' and 'them' alive like a cold war.
What I want to see is real collaboration. I want to see messaging about the profession which is positive and speaks of our true role in the big picture. The reality the public need to be made aware of is as follows:
1. Registered Migration Agents are skilled and qualified and have proven sound knowledge in Australian Immigration and Citizenship Law.
2. Registered Migration Agents do the hard work before it gets to the desk of the DIBP case officer, making their job to decide an application easier.
3. Registered Migration Agents can take matters up beyond the DIBP to the Tribunals, Minister, Federal and High Courts.
4. Registered Migration Agents are helping to encourage their clients to invest in, build businesses and work to pay taxes which all contributes to the building of our economy.
5. Multilingual Registered Migration Agents are the nexus between Australia and persons in other countries who may not be here contributing to the growth of our nation if it were not for their agent.
I think that the DIBP should spend more time and energy creating positive news stories about RMAs and more time and energy focusing on the unregistered migration agents who are causing absolute havoc out there. Unregistered migration agents bring the whole industry into disrepute and make a mockery of the systems we have in place to protect vulnerable consumers. Unregistered agents can be stopped. NZ has done it. Canada has done it. Why not Australia? Unregistered agents are the real enemy.
It's much easier to focus on regulating a group of people behind bars than it is to regulate the free person.
If the OMARA really want to work collaboratively with stakeholders then a good start would be for the OMARA to work collaboratively with the peak professional association, Migration Alliance, to create mutually agreed messaging about our profession, joint strategies for the future of the profession, and consult with agents using round-table discussions and focus groups in order that joint objectives are created. That way we will get RMA 'buy-in' and can grow positively together.
There are great people within the Office of the MARA just as there are great people within the RMA community. Let's work together, collaborating as a team so that we can achieve the best outcomes.
Comments
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Saturday, 29 November 2014
You mean just put up with it? The standard you walk past is the standard you accept. I don't accept the constant negative commentary from DIBP / OMARA about RMAs. I agree we are a handy target. Collaboration and mutual respect are the key to real success.
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Monday, 01 December 2014Do try not to be too precious. Solicitors and barristers have more professional bodies monitoring their professional conducts or lack of, what make your think migration agents require less scrutiny? One night think that reaction like yours might be more to do with overreacting to some facts that are rather wide-known.
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Saturday, 29 November 2014
It's not just the stuff the DIBP put in their news, their facebook and on their tweets. It is also the stuff they say to my clients and to each other about RMAs. I used to work at the DIBP so I know exactly what they think about RMAs and it is exactly what Liana descibes above, but worse. Don't delude yourselves.
The DIBP hate most agents but love the ones that toe the line and do exactly as they are told without question. The DIBP are essentially communistic and don't like free thinking or being challenged. Thank you for writing this article Liana. The problem is that you have really watered down the depth of the problem. Well done anyway. Fight on. -
Saturday, 29 November 2014
The DIBP and OMARA relationship with RMAs is toxic. The DIBP and OMARA are one and the same company with the same ABN. They play judge, jury and executioner and do so at a very poor level. Agents are better than this and deserve better than this. Have the DIBP got not one positive sentence they can add to their messaging about agents?
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Saturday, 29 November 2014
this website is like the minder of the government messaging. Pushing back when the government tries to control the information.
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Saturday, 29 November 2014
Liana,
You're right. The standard you walk past is the standard you accept
If RMAs supported Migration Alliance and dropped MIA, as I plan to do when my current MIA subscription runs out, we might be better off. But in any fight between a regulating body and a regulated profession, for every small victory there are a multitude of usually painful defeats. It is the department, not the profession, that has a truckload of money and a will to spend it. We do well to complain; but we do better to band together to see to it that we all do our jobs with professional competence and integrity. -
Saturday, 29 November 2014
Maybe both sides could start practicing a little bit more of:-
"Praise in public; criticize in private."
-- Vincent Thomas "Vince" Lombardi -
Saturday, 29 November 2014
Jeff great in theory between two equal parties but not a regulator who doesn't listen and despite countless private requests over years and years does nothing to change their negative views of agents. I think liana has said positive stuff in her blog about Dibp and Omara. Have you ever seen a single positive thing written about agents by the Dibp of Omara? Enough is enough. The Dibp have to stop acting like they 'tolerate' agents.
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Sunday, 30 November 2014
Hi Guys,
Below is FAQ from so called our registration authority OMARA site. It has been there since a long time. What message it gives to the people who wish to know whether they should use a registered migration agent for Australia Visa processing. It definitely does not mention that migration agents are qualified professionals who can help people with immigration related matter with their skill and knowledge in the industry.
Rather the site recommends to refer to the visa types and the bible " DIBP Boooklet". In other words, no need to use registered agents!
https://www.mara.gov.au/using-an-agent/using-a-registered-migration-agent/getting-help-with-your-visa-application/
Why are we paying huge registering fee to OMARA for our own negative marketing?
In my recent experiences, DIBP dealt with the clients directly whereas form 956 was signed by the client and submitted along with the application. DIBP contacted the client and emailed the decision letter bypassing me. DIBP presenting themselves very nice and friendly to the clients to give impression that they are "good guys" whereas they did not provide information on clients files to me which my client thought I'm incompetent in my job?
And sometimes it felt like harassment and do not feel like calling the DIBP number because they ask too many identifying questions even some are not related to the case and after all this drama; they say "Sorry we do not have any information on this case or we can not discuss further on this case".
Do I have to use a migration agent?
No. You do not have to use a migration agent to lodge a visa application with DIBP. The DIBP website has information about types of visas and how to work out the right one for you. The website also has information on what is required for your visa application and how to complete and lodge the forms. Some forms are available in languages other than English.
Visa types
DIBP booklets· Liana - Allan likes this comment. -
Saturday, 06 December 2014
I have had the same experience with DIBP.
I sometimes wait for Acknowledgement Letters of DIBP applications in the mail, instead they would be with the clients/sponsors for as long as 3-4 weeks in advance!! -
Monday, 01 December 2014
I believe that as an industry we need to stop referring to “Unregistered Migration Agents”, as this only gives them legitimacy. They are not “Migration Agents” in any way, shape or form. Calling them Agents only connects them to us and thus tarnishes our name by association.
Call them unregistered individuals, unregistered independent operators, crooks, shysters or a teapot if you like, but please stop calling them “Unregistered Migration Agents”.· Liana - Allan likes this comment. -
Monday, 01 December 2014
Good point RTS. Liana please do an article on unregistered crooks.
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Monday, 01 December 2014
I am more than happy to support a petition or complaint that not only calls on the government to legitimise RMA's as a preferred means of application for clients, but also puts an end to this negative publicity about RMA's similar to the one that Liana has identified here.
I think an interesting case study can be made of the same profession in New Zealand. Unlike Australia, NZ has put in place regulations that state that applications can only be lodged by NZ RMA's or the client themselves. Offshore (or local) education agents, migration businesses etc cannot lodge on behalf of an applicant unless they have NZ registration. That also includes Australian RMA's not being able to assist NZ clients. Why won't DIBP implement something like this in Australia. They are constantly putting us in a negative light and then do things such as giving access to Chinese student E Visa and online 600 visa application rights to Chinese education, travel and migration businesses who are not RMA's.
Why doesn't DIBP just come right out and say it. Essentially they are saying, we don't recognise the Australian Law Programs that RMA's have study, don't believe in the AFP police checks, that we need to supply, the insurance, registration fees and professional library that we are regulated to pay annually merely exist to allow them to be able to afford to publicly criticise us at regular intervals throughout the year.
Like NZ, we need the DIBP and oMARA to work with us in a civil manner, protect us and the clients from unregistered practice whether it be on or offshore, and we need the DIBP to undergo a campaign to train their staff to deal with RMA's in a better manner. For all that we do and all that we go through, I don't think this is too much to ask.· Liana - Allan likes this comment. -
Monday, 01 December 2014
Ryan is correct in theory. Unfortunately, the practice seems to be that people other than the applicants prepare the visa application, then point to where the applicant must sign, and the applicant duly endorses the application. Perhaps the government can set an RMA fee for almost all types of applications, require all applications come through RMAs, and police the profession the way the ATO polices accountants. It may sound like a big reach, but it can work. Ireland tried a similar policy in the mid nineties and dropped it sometime before the financial crisis. My fear is that MIA and MARA would reach a fifty cent per application fee schedule.
· Liana - Allan likes this comment. -
Monday, 01 December 2014
Ah but the ATO does not police accountants or tax agents. I managed the Tax Agent Board for 4 years, it does the same job as MARA but with tax agents, NO set fees, it is market driven. The BIG difference is that the ATO has a specialist area to liaise with tax agents, priority phones etc. There is a some respect from the ATO to them and the regulator is more respectful as well. They seem to understand that tax agents actually do some of their work. Definately not perfect but so far better that MARA. AND tax agents registration fees are about $600 for 5 years. A doctor pays $600 for a years registration, we pay $1760 for a year. Where is the real noise from our professional bodies.
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Monday, 01 December 2014
I take the point about 'unregistered migration agents'. How about 'Unregistered imposter agents'? Any other suggestions for the titles of persons who seek to make applications for and on behalf of third persons whilst being unregistered? As agents, if the government is going to do anything about it then we will have to.
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Monday, 01 December 2014
I prefer the more accurate term of "unregistered hacks".
· Liana - Allan likes this comment. -
Monday, 01 December 2014
Hello everyone,
I particularly dislike this photo of the the "Migration Agents". Looks like three giggly
girls at a party! And is very gender oriented.
Mary
1.12.14· Liana - Allan likes this comment. -
Monday, 01 December 2014
The OMARA is shocking - what do we get for the very expensive registration fee we pay every year? To illustrate my point: Have a look at your State's Law Society and what they do for their members and compare that with the OMARA.
· Liana - Allan likes this comment.
Immigration blog
My first comment is that I have received five copies of the blog from you.
Secondly, one of the main problems with the migration industry is that it exists in a politically explosive environment. RMAs are a handy target. Let's just get used to it and move on.