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Immigration Daily News The fight to kill off unregistered immigration practice for goodAustralian Immigration Daily News
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The fight to kill off unregistered immigration practice for good
I am not going to give up the fight to have unregistered immigration practitioners removed from lodging Australian visa applications for and on behalf of unwitting clients. The fresh new Form 956 goes part of the way there on this journey, but we need to keep moving forward.
Unregistered migration practitioners who engage in the lodgement of Australian visa applications on behalf of vulnerable persons are exploitative, predatory and unethical. They do not have a demonstrated level of sound knowledge. If they were registered, the level of incompetency shown in their work would likely result in a decision by the Office of the MARA to cancel their registration, and the removal of their right to practise.
Sometimes unregistered practitioners commit offences under a number of different laws over an extended period. Use the examples of Abel Kalpinand Prasad, or Eddy Kang. These two individuals were operating onshore, on our own Australian soil. Look how hard it has been for the authorities to bring them to justice. If only they had been banned from lodging visa applications in the first place. If only the system prevented their access.
These unregistered immigration practitioners are not members of professional associations like Migration Alliance, the Law Council or the MIA, which have strong self-regulatory standards.
By remaining unregistered, these 'criminal entrepreneurs' avoid the scrutiny of their peers and the authorities, rather than having to address deficiencies in their practice.
As was the case with Abel Kalpinand Prasad, such practitioners sometimes move to different jurisdictions that have less regulatory scrutiny, or no treaties (such as extradition treaties) with Australia in order to continue their illegal or unethical conduct.
Public warnings including this Ministerial Release have been issued about these types of people, after they have wreaked havoc on peoples lives. To me, these examples highlight the concerns about the suitability of public protection with respect to services delivered by unregistered immigration practitioners.
I would like Federal Parliament to enact legislation to address what I see as a gap in the law. We need to strengthen public protection for unwitting Australian visa applicants, especially those located outside Australia. These vulnerable consumers use the services of unregistered immigration practitioners. We need to block their access to ImmiAccount, and all paper-based applications.
From my perspective there are a few practical things to consider as a part of blocking unregistered practitioners from lodging Australian visas on behalf of vulnerable persons:
1. No email address should be used more than once for visa lodgments, unless it is the email address of a Registered Migration Agent, as Registered Migration Agents need to lodge multiple visa applications for and on behalf of their clients. Individual applicants do not. They have one email and they only need to use it once for themselves, should they wish to lodge a visa application independently.
2. IP Addresses should be tracked. Repeated pings from the same IP Address, but for different visa applicants should be red-flagged as potential unregistered agent practice, and the ImmiAccount should freeze applications until evidence is provided that the person is not using an unregistered practitioner.
3. Block the use of the Tor network for Australian visa applications
4. Block the use of a proxy for Australian visa applications so that unregistered practitioners cannot hide their IP.
5. Issuing of a ‘prohibition order’ to unregistered practitioners and their businesses as soon as there is confirmation of their attempts to lodge Australian visa applications for their clients. A prohibition order should be publicly available on the Office of the MARA and Department of Home Affairs websites, declaring the person and business as an unregistered person who are specifically prohibited from providing Australian immigration-related services altogether. Australian Government websites could even go as far to state that if a person is to use an unregistered immigration practitioner then there is a serious risk to the health of their visa application and security of their bio data and other information.
6. Statutory Declarations could be included as part of online visa applications and could be signed by the visa applicants who are lodging Australian visas on their own, without using a Registered Migration Agent. These Statutory Declarations could state that the visa applicant/s lodged the visa application themselves, and without third party assistance. Potentially, attaching this declaration to PIC 4020 may assist as a deterrent from using unregistered practitioners. The alternative box would be that the visa applicant used the services of a Registered Migration Agent.
7. Only email addresses registered with the Office of the MARA should be used in association with a Migration Agent Registration Number (MARN) and no other email address. This would address the potential for unregistered practitioners to engage in MARN theft. MARN theft is the diversion of business away from a RMA by using (stealing) an agent's MARN, and their own, personal email address for communications with the client. The RMA could be unaware that their MARN is even being used in this manner.
Australian Registered Migration Agents went to university to gain qualifications, increase their knowledge every year through professional development, maintain Professional Indemnity Insurance and a Professional Library each year. They do not want to spend their time competing with unregistered persons who undercut them on price, and lodge half-baked or incorrect visa applications into the Australian systems.
All ideas would be greatly appreciated. My plan is to continuously make submissions to Government.
I am pushing for unregistered practice to cease in 2019.
Comments
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Monday, 14 October 2019Yes - there are persons overseas who behave ethically and do have experience (and some expertise) - however they do not have access to current legislation (unless they act with the dept's help - Legendcom). However that is not what the article addresses. The article concerns itself with banning the submission of visa applications by unregistered persons who are acting as "agents".
You omit rather important points. One wonders why you do.......
(1) The call to ban unregistered "agents" is not a call to ban applications from persons who are offshore. It is a call to ban applications from unregistered persons.
(2) The call to ban unregistered persons is not a call to restrict this profession to Australian citizens/residents. It is a call to ban applications from unregistered persons.
(3) There are RMA's who are based offshore.
(4) the "disadvantage" of being "MARA Members" (surely you meant to say "regulated by OMARA") can be remedied by becoming registered (and thereby becoming an RMA).
"disadvantage" - really -
Monday, 14 October 2019
... that should read:
"(4) the "disadvantage" of not being "MARA Members" (surely you meant to say "regulated by OMARA") can be remedied by becoming registered (and thereby becoming an RMA)." -
Saturday, 12 October 2019
“Years of diligent workers and high standards”.
Against what measure?
We as registered migration agents clean up the messes created by very nice, caring, ethical offshore agents who simply don’t have the right knowledge, or enough detail to get it right for the client. Sure, most of the time, an offshore agent might get it right. When dealing with peoples lives it has to be all of the time.
That’s why there is a regulator and professional indemnity insurance.
I’m very sorry, but a surgeon can’t operate without a licence. The same should apply to those who handle visas which affect the rest of people’s lives.
In addition offshore practitioners submit incomplete and incorrect information and choke up our processing systems, delaying the processing times for everyone.
Finally I would prefer the money flow in to Australia and it’s people than end up offshore in the hands of non-Australians.
Ban offshore unregulated practice.· Liana - Allan likes this comment. -
Saturday, 12 October 2019
Hi Tim,
Why do I sense so much distrust and use of sarcasm against Offshore Migration agents and an over-generalization and labeling them as incompetent to submit complete applications and lacking the knowledge? With the utmost respect for some of the senior migration agents in Australia, I can vouch with examples of MARA registered agents who have delivered incompetent advice and put a bummer to the applicant's chances to ever migrate to Australia. But a handful of such incidences would not have me bracket all as one.
As for your example- a surgeon cannot be operating without a license- please understand that the context of putting up a visa application is though a serious matter but not limited to the employment scope of those with highly specialized knowledge [licensed] only, as no departmental body [Skills Assessment, State Nomination, or the DHA], forbids an applicant from putting up his own application, nor makes it mandatory to use the services of a licensed professional as in the case of a doctor.
I do understand your frustration with incompetent agents but would really like it if you do not generalize here and spell out so much vindictiveness towards all offshore migration agents. -
Friday, 11 October 2019
Is there any evidence that OMARA has ever cancelled the registration of a RMA for incompetence?
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Saturday, 12 October 2019
Yes look at the most recent sanctions on the omara website
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Saturday, 12 October 2019
It’s super simple. If you aren’t Australian and you aren’t registered then there’s no evidence of competence. Stop unregistered practice. Lock out unregistered agents.
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Saturday, 12 October 2019
Dear sirs,
Just like using Uber or Ola, if you can get to the same point on Earth equal fast and cheap, who cares?
Client had passed me over for charging too little. On the other hand, in a recent case( sc 866) my unlawful client chose to use a country agent, albeit not registered who charged a packaged deal of $500 as compared to my $ 5000? Can I blame my client? No, he cared not your intellectual property ( copy right), not your MARA no. or not even your expert knowledge on sect 36(2)(aa)( what?); he knew he would get an E the same, and if lucky get medicards if heapllied all these in his own name( no representative) and given work right!· Liana - Allan likes this comment. -
Saturday, 12 October 2019
Other countries prohibit this and so should Australia. Some years ago Federal govt gave the excuse they could not restrict overseas people from engaging in their business. I submit this is a very weak excuse.
I agree Diamond Sodhi there are some good business people overseas giving advice however my 25 years experience has proven to me the unscrupulous outnumber the good. -
Saturday, 12 October 2019
Bit disappointing that "Liana Allan is probably Australia's best known migration agent..." would write an article without knowing all relevant facts. Need to get back to drawing board and ask for submissions from more parties/ask more questions?
Points:
1. You state: "Unregistered migration practitioners who engage in the lodgement of Australian visa applications on behalf of vulnerable persons are exploitative, predatory and unethical." So you say that education agents overseas are predators and exploit?
2. Any of the point suggestions you provide to solve this issue will easily be bypassed by the "2" criminals you mention in your article but not easily met by education agents, who will start recruiting for Canada, US, UK. Bye bye education exports Australia... roughly AU$32bln.
3. You state: "We need to strengthen public protection for unwitting Australian visa applicants, especially those located outside Australia. These vulnerable consumers use the services of unregistered immigration practitioners. We need to block their access to ImmiAccount, and all paper-based applications." the "2" criminals you mention will keep lodging applications for applicants and ask them to sign the declaration, if they are vulnerable as you state. Many will willingly engage "predatory" agents anyway, what to do here? But more importantly, if you understand international law, Australia does not have jurisdiction outside its borders. Even there is a law to protect applicants, anyone offshore will just smile
. What can be done is to advertise that applicants are responsible for their visa applications. If they get robbed by their countrymen, Australia cannot be held responsible and the applicants do understand this.
Do not get me wrong, yes, lets stop unregistered agents, but you have not thought about education agents (and possibly other parties), that have decades of experience and have contributed greatly. (Migr. agents do not want to touch student visas usually, so who will if Education agents will not? And of course there are good and bad Education agents as there are Migr. agents). Education agents will just turn their back on Australia and start recruiting for other countries. I know this for a fact, as it is already happening due to the restrictions at every corner (nanny state anyone)? Students are very large client base for migration agents that go onto other visas. If students are reduced by 30%, all migration agents will feel this. So please think carefully to include all interested parties involved, when you "I am pushing for unregistered practice to cease in 2019. ". It will also affect your practice as many others in ways we do not know yet. It till, however be substantial change.
For now it looks like that these suggestions will greatly hurt education agents and eventually whole migration industry. Instead I would sit down and think of a progressive, functional solution. -
Sunday, 13 October 2019
Education agents are by far the worst culprits when it comes to giving immigration advice and destroying people’s lives. Almost all peak associations have made this point to various governments over many years. This was the main point raised in the Enquiry into the regulation of migration agents in the last year or so.
Liana didn’t come down in the last shower. Perhaps striking out hard might actually get us a result.
There’s nothing stopping education agents getting registered as RMAs.
All the unregistered people are going to have something to say here.
Fight on Liana. -
Sunday, 13 October 2019
I have come across a few cases where IP Addresses are being used to collate intelligence on individuals lodging applications without declaring themselves as being a “Migration Agent”. AFP and Border Force work hand in hand in doing cyber investigations to catch out people doing the wrong thing, criminal charges are also considered for serious breaches in cases of Fraud. (Although the Commonwealth takes at least 2 years plus to get the ball moving).
Also, Education Agents cannot lodge student visa applications, is that not Immigration Assistance? -
Monday, 14 October 2019
Of course the education agents and unregistered offshore agents will have something to say about this.
After all it is they who have been getting away with lodging visas for people for so long and they don't want to see their well dry up, if and when this happens.
Honestly, if anyone can do this it will be Liana.
I have seen what she did before with the English testing of migration agents. How she stopped that happening.
She flew to Canberra, met with Senator Cash and then it was called off.
I trust Liana of all people in this profession to be able to get this to happen.
Professional admirer - female hetero not stalker.
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Monday, 14 October 2019
Diamond Sodhi - it is unlikely you would pass the written component of the English language test if you had to become Registered.
Here is a sample of your poor English:
"I can vouch with examples of MARA registered agents who have delivered incompetent advice and put a bummer to the applicant's chances to ever migrate to Australia." -
Monday, 14 October 2019
Thanks Ray, for pointing out my “very poor English”. Wow! How far some people would go to spill venom and find reasons to pick on another just because someone is not supporting their call. Hmm, I wish the random responses of those in support of your agenda were also given a quick glance by you. But thank you for your evaluation of my English proficiency, I guess getting an “A” grade in Creative Writing by Stanford University didn’t quite help! Oh! And I didn’t realise we weren’t focusing on quick responses to a motion but taking an English proficiency test here. My advice- being nasty is not the best defence!! Nevertheless, would love more advice on “good English” from you, please do drop in some criticism, whenever you get time, on my blog site www.diamondsodhi.com. Thanks!
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Monday, 14 October 2019
...you can add Michael Huang's contribution to the list. And yes, I was all for strengthening the IELTS for prospective RMA's.
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Monday, 14 October 2019
I support this cause. If other countries such as Canada and NZ could do it,why not Australia? What has been going on all these years is totally unacceptable by any standard. Many people lives have been ruined due to advice given by unscrupulous elements parading themselves as RAs. I am really against the so-called unregistered education agents perpetrating this act and yet bragging about this. They need to be stamped out.
I suggest these recommendations should go to the Minister and let us wait to see what the department would do about this. In addition, there should be speedy prosecution of anyone caught doing this. -
Monday, 14 October 2019
Unfortunately I fee it si doomed for failure.
I think the govt wold like to see RMA's "killed off" rather than the unregistered "agents". Simply put - we can mitigate the damage done to our clients through incorrect decisions - which is what this govt does not like and would like to hide....... -
Monday, 14 October 2019
Some overseas unregistered agent even pretended to be our staff in overseas branch. Reported to OMARA, nothing happened.
Immigration blog
While I can understand your concerns to protect the interest of the applicants by calling for disallowing overseas migration agents from representing their clients' cases, a lot of overseas migration agents have been assisting clients with decades of knowledge and utmost integrity. It's unfair to restrict this profession to Australian residents/citizens only. And I'm sure genuine and sincere migration agents would be happy to gain qualifications and be subject to the scrutinization for ethical practices. And let's not forget there are some offshore migration agents with years of diligent work and high standards of professionalism. Taking a hugely radical stand on this would be so unfair to those who don't deserve to be termed as 'Criminal Entrepreneurs' for the disadvantage of not being the MARA members for simply not being Australian residents.