Not many read the fine print setting out the terms and conditions of use for the Immiaccount. Know it or not, given most visa applications are lodged online, users actually don’t have much of a choice but to click and agree whatever those terms and conditions may be.

Responding to Migration Alliance enquiries, the DIBP recently informed the Migration Alliance that the Immiccount T&Cs have been amended to impose additional requirements at clauses 7.2(c) and 7.6. Now, third-party users, namely agents, are required to get permission from their clients before making any Immiaccount enquiries on their clients. These clauses specifically require agents to explain to their clients that these enquiries may be used by the DIBP to locate that person and determine if that person is complying with their visa conditions.

There are an estimated 100,000 undocumented workers in Australia at the moment. RMAs should be aware and importanly make their clients aware that enquiries about their status or entitlements could well lead to the DIBP using the information obtained from such enquiries to locate that person, detain and deport them.

Education and Travel Agents using the Education Agent Visa Lodgement Service and Travel Agent Visa Lodgement Service have several clauses (Clauses 17-20) setting out their obligations and restrictions. Education Agents – including RMAs who are acting as Education Agents – have the following restrictions:

19.5 An Agency must not accept a person as a client if the Agency or any Employee of the Agency would have any of the following conflicts of interest:

1. the Agency is, or intends to be, involved with the client in a business activity that is not relevant to the assessment of a Visa Application;
2. the Agency and client are related to each other;
3. the Agency has a business interest in common with an education provider or a business interest in the activities of an education provider, including the Agency or education provider owning a share in each other's business; or
4. there is any other interest of the Agency that would affect the legitimate interests of the client.

DIBP explained to the Migration Alliance as follows:

“This is to confirm the long standing position that these clauses (Clauses 17-20) do not apply to users such as Registered Migration Agents unless they are acting as Education Agents and/or Travel Agents and have access to those specific services.”

For the terms and conditions, you may have missed, follow this link: http://bit.ly/1QzoAon