Editor's Blog

The ‘offshore ID’ scheme has had one website, www.dreamvisas.com boast of a special relationship with DIBP on the basis that, “the Australian migration department has given him [an] offshore agent id”. A Migration Agents Registration Number (MARN) is nowhere to be seen on the website and the only advertised name, Manoj Palwe is not listed on the Migration Agent’s Registration Authority register of agents. This entity is not only providing migration advice without any liability under the Code of Conduct for RMAs but is also offering to franchise its operation. DIBP's scheme certainly allows for the spawning of a web of unregistered practitioners over whom it has no controls.

Another website, www.vmakevisas.com prominently displays the MARN logo and claims to have RMAs. However it names no individual consultant nor does it display any MARN number as required under the Code of Conduct for RMAs. The company name draws a blank when searched on the MARA register of RMAs. Perhaps MARA could take this blog post as a complaint, and comment on the matter. Given that copyright conventions are international, the issue of jurisdiction should not stop MARA from at least issuing a ‘takedown notice’ to this website owner (and any others for that matter) to stop them from using the MARA name and logo.

There are no two ways about this issue. DIBP and MARA need to send out a clear message on this: the authorities will not tolerate unregistered practitioners. It undermines the whole registration regime which in essence aims to protect unwary visa applicants from dealing with practitioners not obliged to abide by the Code of Conduct for Registered Migration Agents.

Unfortunately, DIBP not only sends out mixed signals by encouraging unregistered practice, it also maintains an antagonistic approach in its publicity material about RMAs. In a recent post on DIBPs migrationblog.immi.gov.au, DIBP has posted an article “How the department engages with your registered migration agent’ where it diminished the role of RMAs in the application process making RMAs sound like inconvenient post-boxes.

Why is it so difficult for DIBP to acknowledge the value of RMAs? When discussing RMAs it certainly is not unreasonable for DIBP to mention at some point in the article that:

• RMAs are professionals who require ongoing training for the purposes of registration;
• RMAs must abide by a strict code of conduct to ensure ongoing registration;
• RMAs work is insured by professional indemnity cover;
• RMAs are required to act in the best interest of the client pursuant to prevailing legislation.

MARA’s work is currently being reviewed. The Migration Alliance has called for the appointment of an Independant Commissioner to help deal with some of the indiscretions of the current authorities. In the meantime, if you have had enough of unregistered practice please send complaints to the Immi dob-in service: www.immi.gov.au/dob-in.

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. Registered Migration Agents are your best bet.