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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 2019BAN UNREGISTERED PERSONS FROM SUBMITTING AUSTRALIAN VISA APPLICATIONS FOR OTHER PEOPLE. PERIOD. ONLY AUSTRALIAN REGISTERED MIGRATION AGENTS SHOULD BE ABLE TO ACCESS THE SYSTEM FOR AND ON BEHALF OF A THIRD PARTY.
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Monday, 14 October 2019
I've got to say this- I've been following the conversation around this 'Ban the Offshore Migration Agents" and I did hear one sane voice, I mean Rad here. Many others, as well, talked objectively. What I find disturbing is that many of those commenting on this forum are perhaps Migration Agents, and I expect more integrity and measured tones when it comes to qualified, educated consultants debating an issue. The approach has to be progressive and not intimidating or malicious. There are always the Good, Bad and the Ugly in all professions and we must refrain from using derogatory language to make our point. There should be logic and firmness in your point of view and not sarcasm, exasperation and ill-humor.
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Tuesday, 15 October 2019
sodhi - if you would like humans to be robotic and without passion about the topic of destruction of lives, then perhaps join a psychopath/sociopath forum. We are Australians. Australians generally don’t act like perfect automatons who lack emotion when it comes to the preservation of human lives. Perhaps you are expecting us to be different than we are because you aren’t an Australian, or because you aren’t passionate about preventing carnage to people’s lives. Please take your holier than thou, superior-positioning and speak into the mirror. It doesn’t matter how professional, calm, objective and sane you think you are. It sounds cold, calculating, and dripping with a superiority complex, stemming from an inferiority complex. At end of the day no matter how amazing you think you are, you aren’t registered. Before you diagnose anyone on here again, make sure you know that you, too, are capable of being analysed. It seems you only respect opinions that are remotely in line with your own. You won’t convince agents to change their minds on this.
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Tuesday, 15 October 2019
Dear Diamond
With the utmost respect and courtesy, all governments have in place federal immigration laws that are designed to promote consumer protection and protect vulnerable consumers from those who seek to prey on them when they are at their most vulnerable. They do this by:
• controlling risks to the public by establishing an Authority and Register of persons fit and proper to submit visas for and on behalf of third parties. This avoids the risk of incomplete visa applications, harm to visa applications, or premature death of visa applications due to incorrect, incomplete, or incompetence advice.
• preventing and controlling the spread of unregistered practice onshore
• responding to immigration application emergencies
• supporting the authorities in their role in enforcement activities.
Such legislation applies to Registered Migration Agents and regulates their activities. Authorised officers at these Authorities (ie OMARA / Dept Home Affairs)) generally have powers to check compliance with the legislation, including powers of inspection and the power to enter and search premises (warrants).
These laws provide offences and penalties for persons who breach the legislation and powers to prosecute such persons before the relevant courts.
Unregistered operators are subject to none of this.
Many con-men / women state to peoples faces that they are ethical, moral, professional and sane. It makes no difference what they think of themselves. What matters is their legal competence, a proven track record of having met the requirements for registration, compliance with an enforceable Code of Conduct, holding of Professional Indemnity Insurance, and the mandatory subscription to a Professional Library. If this whole mix is not in place, then the person is an unregistered operator, masquerading as a Registered Agent to their unwitting clients.
To me this is commonly called a shonk. Here are a few more examples of immigration shonks from offshore:
http://sandmike69.yolasite.com/visa-conman-graham-copsey-s-back.php
and
https://www.mirror.co.uk/opinion/money-opinion/p-s-investigates/visa-sleaze-graham-copsey-to-be-sentenced-534329
and
https://www.thefreelibrary.com/Sorted%3A+%241+Million+Conman%3B+Under+arrest..Brit+whose+visa+scam+ripped...-a061359456
I know these two cases personally as I helped bring them both down when I lived and worked in the UK.
I cannot be convinced that you are able to offer the same level of service to a client as a Registered Migration Agent. -
Tuesday, 15 October 2019
The following WARNING appears on all my service agreements and on my website, where I still refer to DIBP; I have had enough of changing things every time THE department changes its name.
WARNING
The OMARA is an essentially useless office that is part of the Department of Home Affairs and I have told them so repeatedly. With the stroke of a pen the minister can terminate them all as easily as s/he can terminate a perfectly valid visa application. The OMARA can do nothing about unregistered agents overseas or parliamentarians or Department of Home Affairs officers who give, often incorrect, migration advice in Australia, or education agents who give catastrophically incorrect migration advice under the table. About all the OMARA can do, having received a complaint, is haul a registered migration agent over the coals - after the event. They cannot order repayment of money lost. They can do nothing when the minister (The Terminator) changes the rules in the middle of the game or one of his delegates or ‘designated authorities’ bungles your case. By the way, the ‘average fee’ misinformation published by the OMARA is just that. -
Tuesday, 15 October 2019
If you google Diamond Sodhi, the results show they are an offshore unregistered unqualified person.
PROGRAM DIRECTOR CAAN Wings Consultants Pvt. Ltd. in INDIA
"Ms Diamond Sodhi is a Masters Graduate in Business Administration [MBA] from Colorado Tech University in USA. (sic) ...highly recommended and regarded for her unmatched expertise in Australia Skilled Migration."
There is no way in this world this person has "unmatched expertise" in the "Australia Skilled Migration" industry. They don't have a degree in Migration Law from an Australian University, they aren't registered, they aren't an Accredited Immigration Law Specialist, their claim to fame is an MBA. Glorified salesperson pretending to be a professional.
Of course it is in their best interest to try to fight this.
Diamond, if you have such confidence in your abilities in helping people migrate to Australia, why not become a Permanent Resident yourself (because GSM is your forte, right?) and then study Migration Law and IELTS and then get Registered?
If its "too much trouble" to do things the right way, then why bother doing them at all...? Oh that is right...money. I forgot, you have an MBA...its a cash grab.
Unregistered persons don't want to register because they don't want to have to be accountable. Plain and simple. If you really are honourable, you would let the Australian government judge your suitability and register with OMARA, not make claims larger than your abilities and hope people fall for your marketing. Sales talk is cheap. True abilities and knowledge are not.
My admiration goes to my senior colleagues, not your two bit operation in India. #sorrynotsorry -
Tuesday, 15 October 2019
Diamond
At 9 mins and 30 seconds you call a 489 visa a 'provisional permanent resident visa'.
I rest my case. There is no such thing.
https://www.youtube.com/watch?v=fL1rJpQ3Yh8 -
Tuesday, 15 October 2019Has anyone considered the impact of these foreshadowed developments in light of the New Zealand and Canadian experience?
I do not think there is any doubt that criminal entrepreneurs will find a way through for sure, but if we can stop the harm being done by unregistered offshore agents particularly in relation to PIC4020 issues and the like, then the relative hardship and inconvenience to those already operating this space who are unregistered can be managed.
As far as I can determine there is simply no good reason why Education Agents should not be registered, however, I do note that Education Agents are not the agents of their clients; they are the agents of the Universities and the education providers yet as Education Agents they do provide "immigration assistance". This "problem" lies at the heart of the definition of "immigration assistance". I for one would like to see anyone who is providing "immigration assistance" to be registered with OMARA; I personally have no difficulty being regulated by OMARA and the Legal Services Commissioner and i would like to remain an RMA as a gesture of good will and support for my non lawyer colleagues.· Liana - Allan likes this comment. -
Tuesday, 15 October 2019
Diamond......
PURE CON. "How to choose a migration agent for Migration to Australia" clip. Chucking the word 'government' into your presentation does not give you authority. You give yourself the appearance of being registered but you are very far from it. Perhaps some of the Hindi speaking RMAs can translate some of your BS and put it up here.
https://www.youtube.com/watch?v=HPQtEMqiW3k -
Tuesday, 15 October 2019
Hello Liana,
I think you haven't been through the entire video. Being a "Con" is the last thing I'd need to support my work with [or be told cause I find the word rather abusive], though I understand you've come across far too many instances of Offshore Migration Agents who've been pretending to be MARA Agents. I don't believe in such practices. An Offshore Agent ID is something allocated to Offshore Agents to facilitate the application lodgments, and this had been done for purely administrative purposes. I think that was made clear in what I said. Now calling the Department of Home Affairs as 'Government' [Australian Immigration department' for a layman to understand the context of what I'm saying is not so grossly wrong! Liana, you're being really prejudiced here, I don't need to or would ever give the impression that I am Registered with the OMARA, rather pointed out in the video that non-Australian residents cannot be or claim to be registered with the OMARA.
I like your commitment to your cause [whatever you're pushing for] but I am sure it would sound just as convincing if you remove offensive words such as Con, BS, Criminal Entrepreneurs, etc. from your professional viewpoints that you put forward rather impressively. -
Tuesday, 15 October 2019
In a plain language, any man who is not qualified to provide services but doing so is a "CON MAN".
Liana, I would suggest that an unregistered Migration agents should be barred from this forum. -
Tuesday, 15 October 2019
The word 'con' means 'confidence trick' which is exactly what I personally believe unregistered offshore agents are engaging in. Offshore agents engage in 'lying by omission', which means, what they are not saying is more important than the words they do say. Offshore unregistered agents engender confidence in their subjects by passing themselves off as some kind of authority, when they are anything but. And finally, their whole persona, the smoke and mirrors show you they operating is offensive to those who are properly educated and have the skills and qualifications to perform the role of Registered Migration Agent.
Here are some concepts for people to consider when it comes to unregistered agents:
Bragging, showboating, exaggerating, name-dropping, and other forms of self-aggrandizement of their accomplishments as an UNREGISTERED immigration operator. On a regular basis, the unregistered operator will remind potential clients of how special, important, powerful, attractive, popular, and/or successful they are. They exhibit a constant need to talk about (display) themselves in flattering and egotistical ways, whilst at the same time, lecturing those who are properly qualified to perform the role in a lower position than themselves.
I am openly prejudiced against unregistered immigration operators and I am proud of it. Call it benevolent prejudice if you like. I am pro-registration, and anti-unregistered! -
Tuesday, 15 October 2019
Diamond
Do you believe your own bullshit?
Frank D -
Tuesday, 15 October 2019
Can we stop using the term "Unregistered Migration Agent" as there is no such thing and it gives unregistered operators legitimacy.
A Registered Migration Agent (RMA) is registered by the OMARA. RMAs must meet strict requirements to gain Registration and maintain standards and knowledge to remain Registered.
If they are not registered by the OMARA they are not an unregistered anything.
They are not “Unregistered Migration Agent” as this suggest that they have training and experience and simply lack registration.
The sad fact is anybody who is not in Australia can provide Australian Migration advice, even if they have zero training, knowledge or do not even know where Australia is. -
Tuesday, 15 October 2019
Right on the nose - it's a point I made some time ago.
Using the term "Unregistered Migration Agent" gives credibility to all sorts to unqualified individuals (even though some may be well-meaning), and implies that they are just as qualified as an RMA but not registered.
I admire Liana's determination (even though some of the points she's made are pie-in-the sky and unworkable). What I think perfectly possible is for DHA not to accept applications if they are not made by the applicant him/herself or an RMA.
This also leaves the Education Agents (EA) out of the loop. Quite another thing is having to deal with some EA's who I KNOW provide "immigration" advice, sometimes with disastrous consequences to the applicant. However, and in fairness, immigration advice is expected from applicants who do not want to engage yet another agent (RMA) and pay yet another fee on top of the already substantial education fees.
And what of the pressure that the educational institutions exercise upon EA's in order to obtain more enrollments? Like $32b pressure? And the might of the education industry lobby?
I'll leave that to your imagination. -
Tuesday, 15 October 2019
Mr. Frank D, please show some respect for being an ex DIAC (as you claim/or as Liana just referred to as “name dropping”). Someone who had been a part of the respectable Immigration department of Australia would not use foul language such as “Bull Shit”.
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Tuesday, 15 October 2019
AYFKM?
Diamond....educating Australians on our own government since....never. -
Tuesday, 15 October 2019
For someone with the name Diamond you certain need to harden the FU*K up.
Here are some examples of the use of the word bullshit. The word bullshit makes up submissions to Home Affairs, AAT applications, oral and written submissions in the Australian court systems. It even makes it onto the front page of the newspapers. You would be aware of this if you were well versed on Australian immigration laws, precedents, decision records, life in Australia etc. Your 'telling' us that the immigration department is respectable is hilarious. Your telling us that they would not use foul language is a sign of your ignorance.
Here are some examples of the word bullshit in our culture so that you stop believing your own bullshit (I am going to do what Liana did and give you links):
https://en.wikipedia.org/wiki/Bullshit
https://medium.com/@rsg/on-bullshit-and-the-news-media-weve-all-helped-to-build-1c30752dcf96
https://www.theguardian.com/science/2019/apr/01/bullshit-scientific-study-research-boys-worse-than-girls-privilege
https://www.theguardian.com/us-news/2019/apr/16/calling-bullshit-college-class-news-information
http://writing2.richmond.edu/training/383/383restricted/bullshit.pdf (University)
Its is absolutely insane that you think you can educate Australians on what they will and won't say and whether they are and are not respectable. -
Tuesday, 15 October 2019
Seriously, for other regulated professions - you couldn't get away with this. You can't legally represent someone in the Australian jurisdiction if you were not licensed or at leased supervised by a licensed practitioner. Why is it different for migration agents (unregistered)? Same with Doctors, accountants etc
I think such practice is based on historical experience that it was easier to process a visa. Gone are those days.
I might add here that I find it frustrating (as a qualified lawyer) that I have to pay for two registrations to practice in immigration law - when this is not required for any other area of law.
Immigration blog
I have extensive (decades) IT experience. Solving the issue technically via IP address is futile. If the Chinese and UAE governments cannot track ToR or quality Proxy services then DHA has no chance. Commercial organizations such as Netflix and Amazon also try to enforce IP address rules and routinely fail.
Two factor authentication could quickly and easily defeat 90% of unlawful practice.