It's official.

The Office of the MARA staff now refer to one another and to us as case officers.

Make no mistake.  We are now having our repeat registrations decided by DIBP case officers.

Please review the email we have received this morning from an RMA who is chasing up how their repeat registration application is going.

This is the response that the RMA received from the OMARA (which no longer use mara.gov.au emails by the way).

---------- Forwarded message ----------
From: "YYYY YYYYY" <yyy.yyyyThis email address is being protected from spambots. You need JavaScript enabled to view it. > [removed to protect privacy]
Date: 00/10/2015 0:00 AM [time and date removed to protect RMA]
Subject: [...........]Update on registration application CRM:0000000 [details removed to protect privacy]
To: "XXX XXXXX" <This email address is being protected from spambots. You need JavaScript enabled to view it. > [details removed to protect privacy of agent]
Cc: "ZZZZ ZZZZZ" <zzzz.zzzzThis email address is being protected from spambots. You need JavaScript enabled to view it. > [Office of the MARA case officer's details removed to protect privacy]

Dear Ms XXXXX

Thank you for your inquiry. I can advise that the Office of the MARA is considering your application and that Ms ZZZZ [case officer's name removed to protect privacy] is your case officer.

As you are aware, under s.300 of the Migration Act 1958 as you lodged your repeat registration application prior the expiry of your previous registration, you are able to practise as a migration agent and will appear on the Register. I have provided you with a copy of s.300 for your information which lists all of the circumstances that might apply to a repeat registration application.

Kind regards

HHHHHH HHHHHHHHH [name removed to protect privacy]

Assistant Director,

Office of the MARA | Registration Professional Development & Monitoring
Visas and Client Services Group
Department of Immigration and Border Protection
P: removed to protect privacy | M: 0431 000 000 [changed to protect privacy]
E: hhhhh.hhhhhh@border.gov.au  [removed to protect privacy]

Section 300      Automatic continuation of registration

When agent’s registration is automatically continued

[300] (1)      Subsection (4) applies to continue a registered migration agent’s registration beyond the last day (the expiry day) of the agent’s registration if, before the end of the expiry day:

(a)      the agent made a registration application; and

(b)      the agent paid the registration application fee (if any) in respect of the application; and

(c)      the Migration Agents Registration Authority had not decided the application.

Exception — suspension

[300] (2)      However, subsection (4) does not apply to continue the agent’s registration if, before the end of the expiry day, the Authority made a decision to suspend the agent’s registration, unless:

(a)      the suspension had been completed before the end of the expiry day; or

(b)      there was a decision (other than a stay order) of the Administrative Appeals Tribunal or a court in force, immediately before the end of the expiry day, to the effect that the agent’s registration is not suspended or cancelled.

Exception — cancellation

[300] (3)      Subsection (4) also does not apply to continue the agent’s registration if, before the end of the expiry day, the Authority made a decision to cancel the agent’s registration, unless:

(a)      there was a decision (other than a stay order) of the Administrative Appeals Tribunal or a court in force, immediately before the end of the expiry day, to the effect that the agent’s registration is not suspended or cancelled; or

(b)      there was a decision of the Administrative Appeals Tribunal or a court in force to the effect that the agent’s registration is suspended, and the suspension had been completed before the end of the expiry day.

Period of continuation of registration

[300] (4)      The agent’s registration is taken to continue after the expiry day until the earliest of the following:

(a)      the Authority decides the application;

(b)      the Authority decides to suspend the agent’s registration;

(c)      the Authority decides to cancel the agent’s registration;

(d)      the end of the period of 10 months beginning on the day after the expiry day.

Application granted if no decision within a certain period

[300] (5)      If, before the end of the period of 10 months beginning on the day after the expiry day, the Authority has not:

(a)      decided the registration application; and

(b)      decided to suspend the agent’s registration; and

(c)      decided to cancel the agent’s registration;

then the application is taken to have been granted at the end of that period.

When registration takes effect

[300] (6)      If the Authority grants the registration application, or the registration application is taken to have been granted under subsection (5), the registration is treated as having taken effect at the end of the expiry day.

Example:      An agent’s registration is due to end on 31 October (the expiry day). On 20 October the agent applies to be registered again. The Authority has not decided the application by the end of 31 October.The agent’s registration continues automatically past 31 October until the Authority decides the application.On 15 November the Authority grants the application. The new 12 month registration is treated as having taken effect at the end of 31 October.When Authority makes decision

[300] (7)      For the purposes of this section, the Authority is taken to have made a decision even if the decision is later stayed.

The regulator is the same organisation that we are lodging visa applications with.  Immigration Specialist, Christopher Levingston of the MA board says the following:

"This development is one small step towards the total "disappearance" of the OMARA as a separate regulatory entity.  It is interesting to note, that of the many recommendations made in Dr Kendall's review of the OMARA, that the only recommendation implemented is the incorporation of the OMARA as a functional area of the DIBP.

This creates a series of interesting problems relating to client confidentiality and the notion of privilege attaching to an RMA and their client. 

I am aware that solicitors who are RMAs can claim privilege for and on behalf of their clients and it seems to me that the current lack of independence of the OMARA may well create a proper legal basis for extending privilege (legal professional privilege) to RMAs as well as solicitors.

It seems to me that a Section 308 notice requiring the production of files would be the initiating event for a case which would seek to argue this point."