Australian Immigration Daily News

Following the Kendall review of the OMARA, DIBP has now foreshadowed adoption of the second limb of the Kendall report recommendations concerning the prohibition on lawyers from being registered as migration agents.

The relevant advice to that effect appears here:

https://www.mara.gov.au/news-and-publications/news/omara-independent-review/

Removal of lawyers

The removal of lawyers from the migration agents' regulatory scheme requires legislative change, which is subject to the Government’s legislative timetable. In the meantime, lawyers will need to continue to register with the OMARA in order to provide immigration assistance.

This change will apply only to the holders of an Australian legal practising certificate, including those lawyers who hold a restricted practising certificate. Once the legislative change has taken place, Australian legal practitioners will no longer be eligible to be listed on the OMARA register of migration agents and will no longer have a Migration Agents Registration Number (MARN). This is regardless of whether a legal practitioner runs their migration business separate to their legal practice – holders of legal practising certificates will not be able to register with the OMARA.

Legal practitioners will have no restriction on providing immigration advice and will be regulated solely by their applicable legal professional body.

Those lawyers who hold a law degree but no practising certificate, or are admitted as a lawyer and do not have a practising certificate, will still be able to renew their registration with the OMARA and will not be impacted by these changes.

Communications

The OMARA will provide as much notice as possible of the implementation date when it becomes available. The OMARA and Border web pages will be amended to show that immigration assistance can be obtained from a registered migration agent or an Australian legal practitioner. A communications strategy will be developed to address consumer education issues.

MA is concerned that this approach foreshadowed by DIBP will disadvantage lawyers to the extent that they cannot “opt in” to the registration scheme and avail themselves of the accrued goodwill attaching to their registration as an RMA.

Further, the prohibition in effect creates a split immigration advice profession and is likely to cause confusion amongst consumers which is unlikely to be addressed by a communication strategy as foreshadowed.

Christopher Levingston, ( MARN 9301108) the Foundation Convenor of MA said today:

“My intention was always to remain registered as an RMA to show solidarity with my non lawyer colleagues who constitute the backbone of the profession. The prohibition in effect locks lawyers out of the registration regime and confers no additional benefit to the immigration advice profession and deprives lawyers of the sweat equity accrued since their registration as an RMA”.

It is on that basis that the Board of MA is of the view that the most appropriate course, is for those persons who are adversely affected, to communicate their concerns to the Minister who may be contacted by choosing an option from the following link:

http://www.peterdutton.com.au/Contact.aspx