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Cap and Cease Priority Group 5: The email from MIA's Angela Chan

The Migration Institute of Australia (MIA) announcement from Angela Chan came out out at 4pm yesterday in an email blast to MIA members (a large majority of whom are MA members). The email has a “read online” link where they post the notice online – see:

MIA members who are joint members of Migration Alliance (MIA-MA members) have complained in writing to Migration Alliance about the email from Angela Chan.  The main complaint RMAs provide is the 'lack of consultation before the meeting'.

Poll:  Were you as a MIA-MA member consulted re Priority Group 5? Simply click to vote yes or no.

The sentiments in the complaints are best summed up in this one from a joint MIA-MA member:

"...that there's no copy of her submission that I can see other than what the news item says she said to the Assistant Minister Cash. Then again, when is the last time you saw the MIA come down hard and decisively on anything? I’ve never seen it happen. Those guys seem more worried about making sure Angela keeps getting invited to all the “right” events and not pissing off the Minister, etc".

And more:

"It is very interesting to see the MIA’s admission yesterday that they were consulted by the Asst Minister for Immigration, Hon. Senator Michaelia Cash, and informed of the plans for the cap and cease of offshore P5’s a full 10 days before the legislative instrument was signed."

And more:

"Seems to me that the MIA blew a big opportunity to inform the community to properly survey agents about this (not to mention applicants) and present that collective view to the Asst Minister, rather than Angela Chan presenting her own personal view only, or that of a few at the top of the MIA.  We also notice Angela Chan warning people about the actions you [Christopher Levingston] and others are planning:

The MIA understand that there are a number of lawyers who are providing their services to challenge this legislation and we would simply advise people to make sure they feel confident that there is a real chance of success of winning before parting with their money and perhaps weigh up if there are any other options they may wish to explore."

It is pretty obvious that Christopher Levingston is the main solicitor driving the appeals in the High Court for Cap and Cease Priority 5 applicants.  It just so happens that Christopher Levingston is on the Migration Alliance board.  The warning is quite negative.  We really have to wonder why Angela Chan would not be more encouraging towards members who would like to appeal for their clients.  We really have to wonder why Angela Chan would not be more encouraging towards visa applicants, and supportive of their choice to take a stand and fight for what's right. 

Christopher Levingston, Lawyer for the High Court actions said today:

"I have engaged Senior Counsel to advise on the legal strategy and which court, to make sure that nobody is taken for a ride on a case that has no prospects of success.  If the MIA wants to "understand" the nature of the proceedings then members of the MIA, including Angela Chan, are welcome to contact me at any time to get some advice on the foreshadowed proceedings.   This failure of the MIA to act decisively when told by the Assistant Minister what she planned to do, followed by the negativity underpinning the foreshadowed legal action is typical of the MIA".

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  • Guest
    Disappointed agent member of MIA Tuesday, 20 October 2015

    I am a member of MIA and won't be renewing next year. As soon as I read the email from Angela Chan I thought she was complicit in letting this happen. She never gave us a chance to stage a fight.

  • Guest
    Mike Tuesday, 20 October 2015

    I left MIA a decade ago, no regrets.

  • Guest
    8+ years experienced agent working in a corporate environment. Tuesday, 20 October 2015

    I am a MIA member and have never previously commented on MA articles. I have a neutral point of view about MIA and MA for a while. But I am a bit fed up with Angela's emails on removing the two terms limit for MIA board members and the news altert yesterday. Well done MA!

  • Guest
    Md Zahangir Alom Tuesday, 20 October 2015

    As a Professional Body, I wanted to See MIA standing for MARA Agents and our Clients and explain the cause and effect of the Regulations to the Hon Minister properly, if they haven't done so. Disappointing.

  • Guest
    lcb Tuesday, 20 October 2015

    Does anyone in MA and MIA understand politics. If they did they would understand that 1. The pollies have stuff all regard for the rights and interests of others except to the extent that those rights/interests align/support/advance their own political agenda and this is especially the case regarding migrants and their supporters. 2. The pollies just hate anyone that seeks to challenge their positions and therefore complaining lawyers and MA's are at the top of that hate list. Piss off the minister and be prepared for the adverse consequences (regardless of the party they represent).

  • Guest
    Carol-Ann Lynch Tuesday, 20 October 2015

    Visa processing had already commenced for one of our clients prior to the Cap and Cease decision. At the Department's request, our client, his wife and family (five children) undertook their visa medicals, obtained police clearances and paid the requested VAC2 (in March 2015) . The MIA should have consulted with it's membership base before helping destroy the visa aspirations of families who have invested a great deal of time, money and emotional energy in the Australian visa application process.

  • Guest
    Lynette Tuesday, 20 October 2015

    I am already aware of this cap and cease as a client has already received a letter for his Visa 176 lodged over 5 years ago. That was a good 2 weeks ago.

    I have suggested he makes sure he gets his money back. If I had done that, I would have been hauled over the coals for mis-representation, as I would have only been paid to put the file in a box for 5 years.

  • Guest
    Dolf Tuesday, 20 October 2015

    I have been a member of the MIA since 1997. Under Angela Chen the MIA causes me to question the usefulness of MIA membership. By keeping their members in the dark about their consultation with the Minister, ten days before the announcement is a disservice to their members. A Board representing their members in this way should get the boot.

  • Marion Le
    Marion Le Tuesday, 20 October 2015

    I have made my views known publicly about this political decision and have referral people contacting me to Chris Levingston - thank goodness some people are prepared to stand up against gross injustices and at least seek proper legal advice.

  • Guest
    Glen Tuesday, 20 October 2015

    Citizens don't need visas, but can vote. Visa holders contribute quite a lot with expertise, visa application charges they pay, etc (fueling the economy with funds), but cannot vote. There is no real benefit to pollies unless the permanent visa holder converts to become a citizen. Australian Immigration is a cash cow industry that does not require DIBP to respect visa applicant. Either way, they get their money and appear to be protecting the rights of Australian citizens. With the exception of Aboriginals, we are all migrants and I think the pollies have forgotten this.

  • Guest
    Tony Tuesday, 20 October 2015

    MIA is far more professional than MA, if you go to the MIA website and click "Benefits" you will see the wealth of benefits MIA offers, these include;

    Professional Support

    A voice that listens to your needs

    The MIA is unmatched in the depth of professional support it offers Members, including:
    Email Notices of policy and legislative changes as they happen and a weekly email newsletter covering topical stories and issues of interest to the profession;

    The MIA's Migration and Citizenship Case Law Newsfeed, distributed to all Members monthly;
    Professional support from the Institute’s in house Registered Migration Agents (RMAs);
    Access to the Institute's exclusive MIA Member Forum, which currently boasts over 100,000 forum posts.

    Advocacy and Representation

    A voice that represents you

    Being a Member of the MIA provides agents with a voice in petitioning government, regulators and the media on issues affecting the profession and individualised support on client and ethical matters. On behalf of its Members, the Institute:

    Prepares submissions and makes representations to government on legislative, regulatory, policy and procedural issues;

    Provides advice on complaints lodged with the Office of the Migration Agents Registration Authority (MARA);

    Prepares press statements and acts as the profession’s advocate in popular and industry media.

    Education and Training

    Advancing your knowledge while adding value to your business

    The MIA's Australian Centre for Migration Education and Research is the leading industry educator and the Institute conducts more than 200 seminars nationally and online through a variety of study options designed to fit Members’ schedules and needs. MIA educational offerings include:

    Advanced level workshops from expert presenters and industry leaders;

    Live face to face and online classroom courses covering dozens of topics, continually updated to reflect legislative and regulatory changes;

    Self-guided Private Study Modules to be viewed, read or navigated at Members’ convenience;
    Regular free Member-only webinars designed to provide you with marketing and business development hints and tips.

    Professional and Personal Benefits

    Be rewarded for your membership

    The MIA offers discounts and benefits to assist Members in saving time and money, including:
    Free travel insurance for you and your family;

    Discounted specialist Professional Indemnity (PI) and other insurances;

    Discounts on all MIA CPD courses, events and publications;

    The opportunity to earn referral commission through the MIA’s corporate partners and sponsors;

    Free online job posting and advertising and placement within the "Find an Agent" facility on the MIA website;

    Access to the MIA's Standard Agreement template and the MIA Members logo for web and marketing uses.


    Cant you see? with all these benefits who wouldn't want to be an MIA member?

    Angela Chan is the next PM of australia, she is consultative in her approach and she clearly cares for her members and also the profession.

  • Guest
    A 176 who is not giving up! Tuesday, 20 October 2015

    Angela Chan should know that almost all the applicants who suffered cap and cease were sponsored by very close family members who ARE Australian VOTERS and neither this government, nor Senator Cash or Ms Chan can ever have the votes of these thousands of betrayed Aussies in this lifetime.
    Just because people say they can't win doesn't mean that a wronged person shouldn't raise their voice against the injustice done to them. By this logic, there is no sense in having courts, laws or a system as the weak can't speak up about their grievances against a powerful oppressor.
    I was cheated, misled and wronged, as was my family in Australia and we will not stop saying it and fighting for our right to demanding justice, no matter what the outcome.
    There are actually people here who have suffered this abusive cap and cease TWICE IN A ROW! The government took their money twice and has made them wait now for up to 10 years! It's not just the visa fee but things like assessment, IELTS, agents fees, medical and what not, did Senator Cash and Angela Chan consider any of this when deciding the fates of thousands of people? We are people not simply applications, and we refuse to take it laying low!

    Reply Cancel
  • Guest
    Ghost Tuesday, 20 October 2015

    Did Angela Chan just write that comment above under a pseudonym? Can't stop laughing. The whisper on the street is that a certain somebody is interested in going into politics.

  • Guest
    Tony Wednesday, 21 October 2015

    Angela Chan is a visionary of the Migration industry, there is no point laughing about how MIA beats MA in terms of representation.

    You wont even post your real name, for fear of what??? losing your MIA membership?

  • Guest
    non-MIA member RMA Tuesday, 20 October 2015

    Since when the MIA has ever stood up for anything that concerns RMA-s? They lay down to DIBP and playing "Yes Minister" all the time. I never got why would so many RMA-s finance this chicken of an organization, I sure don't. Look what a harm they've just done to their members by technically nodding to the proposal, instead of communicating that raging opposition there really is out there. By the email it seems like the Assistant Minister was unsure if this decision would be a good one and she has based it on an assumption that the applicants are no longer interested. What a pity she has only asked the MIA about it, the very organization that does not care a bit about the real interest of its members. I wonder if it were a real consumer engagement about the Cap&Cease proposal, would the decision have been made at all!

  • Guest
    Carl Tuesday, 20 October 2015

    Tony are you serious? The MIA simply pays lip service and is all about a softly soflty approach. Simple. They don't get results like MA and they are not member driven.

  • Guest
    Tony Wednesday, 21 October 2015

    The MIA is a representative body for the Migration industry, it is consultative and is determined in its approach to make a fair and equitable atmosphere for everyone. Senator Cash made a statement that "MIA is all that you need".

    wake up!! MIA is here to stay.. MA is nothing but a blimp on the radar.

  • Guest
    Robert Chelliah Tuesday, 20 October 2015

    Christopher and all those affected:
    Now we know MIA was COMPLICIT in this disgraceful betrayal of the Agents and the visa applicants, please include this despicable act of MIA in your claims for damages. Let the MIA goons know they are dealing with people whose life has been severely affected. Nit wits are running MIA in pin stripped suits and half exposed flesh.

  • Guest
    John Young Tuesday, 20 October 2015

    Tony please explain??
    That is if you are not Angela.
    What does this tirade of so called benefits by being a member of the MIA have to do with the subject matter?? Absolutely nothing...........

    I have been an agent since registration came in. MARA 9251554. I was a director of MIA and MARA. I dedicated 6.5 years of hard work to the MIA. I have kept an eye on things since I left the MIA nearly 10 years ago and its so interesting to see that the culture has not changed.

    Certain members of the current board of the MIA would I think have a voice of discontent but are not listened too. These members would I think be trying to do the right thing by its members and generally all migration agents.

    Until the MIA allows all members to vote on particular issues such as this nothing will change in the MIA. How simple is it for the board to ask members to vote and if the majority say NO then the President has a decisive way of putting a subject like this to bed. No one can then say well its the Presidents or the boards fault. Isn't this what they call a democracy. Now some will say that the board is there to make decisions on behalf of its members. But that doesn't work if there is a majority of board members who rule the roost.

    I hope I am wrong but maybe I am right?????

  • Guest
    Tony Wednesday, 21 October 2015

    Look at the "Benefits" tab on the MIA website... you will see what MIA has to offer.

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