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However - the "submissions" put forward they the Law council regarding RMA's IS something to be concerned about.
I'll happily argue Migration Law with 90% of Australian Lawyers, who for the most part have no idea at all in this area. However that's not the problem.
Has anyone actually read the misnomered "Efficacy of current regulation of Australian migration agents (submission 10)" scraped off a shoe by the Law Council of Australia on 11 May 2018.
There are a number of items that can be clearly seen as an attack on the profession.
The stifling of RMA applicants with somewhat rigged "Capstone tests" is an indicator of the strategy.
The question is not if RMA's will have to "compete" with Lawyers, that is not the strategic aim (of the Law Council).
Liana, Have you read, analysed the recommendation made there in. Do you remember the racist attacks mounted against RMAs a decade or two ago when the powers that be lobbied for all future and existing agents to sit for IELTS for a higher score without proving to what extend the there was a problem with English language , and i think MIA may have been a commission agent for IELTS than. That charge was wormed in by again the Lawyers. IT is no secret the lawyers have always been structural division based on superiority just because they lawyers have spent a few years studying laws. They forgot migration assistance is not just about a narrow band of coded laws, it involves the holistic understanding a human behavior The powers be forgot something called RPL, and let me inform you here and now i was one of the first RAMs to register in 1992 when registration was introduced and since than I never sat a for SINGLE exam, an yet I have handled may complex cases and migration issues at all level. I can produce reams of excellent testimonials from my satisfied clients, the only benchmark of successful practitioner, to evidence that there is nothing wanting in me as an RMA of 30 years experience. Can you, Liana, assure me there will not be new demands put on existing RMA's like me based on the submission made by the Law Council, with an air of superiority and subtle arrogance that runs through their submission. As I have been saying what is the benchmark fora "world class migration advice service " .There is none.
Robert as if Liana would forget the fact she went to Parliament House in Canberra to stop the government imposing the IELTS test on behalf of the whole profession. The only difference between that Liana then and this Liana now is that she is stronger, wiser and is getting along better with government. That bodes well in our favour if you ask me.
Submission
LCA – Efficacy of current regulation of Australian migration Agents
It can be downloaded here: https://migrationresourcesptyltd.cmail20.com/t/d-l-bwae-yhtkyduin-k/
11 May 2018
Some points here:
1. Banning RMAs from representing clients at the AAT
2. Banning RMAs from advising on citizenship matters
3. Increasing the English test minimum score for new RMAs to IELTS 7.5 Overall on the Academic Version
1. Banning RMAs from representing clients at the AAT - I AM AGAINST THIS
2. Banning RMAs from advising on citizenship matters - I AM AGAINST THIS
3. Increasing the English test minimum score for new RMAs to IELTS 7.5 Overall on the Academic Version I AM AGAINST THIS
There is a way I like to approach these things. I do not plan to go in hot-headed and combative.
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(1) Higher English requirement (for new RMA's)
(2) Supervised practice (for new RMA's - in the full knowledge that such "supervised practice" can only be performed in large companies /law firms, and is a blatant grab for o/s client base)
(3) Tier system - "conditional registration"
(4) Only RMA's allowed to represent before a court or review authority (please note the wording and intended association/implication)
(5) Recommendation 5 is simply a re-wording and "emphasis" on the irrelevant parts of recommendation 4.
(6) Exclusion of RMA's to advertise that they "specialise" in particular areas of Migration assistance ( in the full knowledge of the pretence that this is or should be a "protected word" with reference to Lawyers - particularly the false premise that the public associates the word with lawyers)
(7) The use of the term "practicing certificate" by MA (this is a continuation of the previous point - with the false assumption that the public associates the term with lawyers)
(8) Education agents should be prohibited from giving Migration advice (and what about the other current exemptions?)
(9) OMARA actually do something about unregistered hacks (including the "eddie's).
(10) RMA's be prohibited on giving advice on or assistance with Citizenship.
(11) Prohibiting RMA's from performing/providing other services.
Liana, please make the strategy known.
If you are acting on behalf of MA membership, then the membership should be informed of actions/inaction taken on their behalf.
In addition to the 3 points stated above - there are many other idiocies designed to stifle the profession. Perhaps you could outline your position on all of them?
Higher English requirement (for new RMA's)
Its not like Liana Allan is ever going to leave our RMA profession in the lurch. In fact from my memory she is the only one who has ever truly fought for us, for example with the English Language Test the government was going to retrospectively impose on us all. Remember how Liana Allan single-handedly forced this English Test to be stopped by flying to Canberra and meeting with Senator Cash, who then reversed the decision? I predict Liana Allan has something in mind for this problem. I do think is that she is not approaching the fight from a position of anger and belligerence which if we can look at it, is actually good strategic starting position. It seems when she goes in she will be the face of reasonable for us RMAs. This is a good way to begin a fight if you want to win. Nobody really listens to the whinging whining guy. They listen to a voice of calm and reason.
Let us have faith.
Read the last line of what she wrote.
Also, the Law Council's submission is just a submission.
My name is Anthony Robinson of AR LAW SERVICES - for transparency - I am not only an immigration lawyer and have been for over 20 years but I sit on the Victorian Law Institute Committee for migration law and I am the founder and MD of the Victorian Immigration Solicitors' Alliance: VISA. Firstly it is a great article Liana and a positive step!
For anyone who has followed my struggle with the MIA (I first joined the MIA in 2003 and was expelled in April this year following my setting up of the Victorian Immigration Solicitors' Alliance: VISA for more https://www.linkedin.com/pulse/heretic-expelled-banished-from-mia-anthony-robinson?trk=portfolio_article-card_title)
As I said to Liana just last Sunday and as I have written time and time again VISA is not "anti" RMA - some of my best friends are agents, and I have employed many agents through my businesses over the last 20 years - in fact AR LAW SERVICE is often retained by many migration agents over the last 20 years to handle AAT and Federal Court appeals (ask about our MA RMA discount arlaw.com.au)
VISA is motivated to ensure the rule of law is promoted, protect the rights of migrants and refugees and to "build" a fairer and more cost effective Australian migration system.
As I said to Liana, I and VISA see a constructive future of collaborative work between Immigration Lawyers and RMAs: a chance to work hand in glove for the rights of our clients. To me and VISA the removal of "red tape" should be seen as a good and positive thing: One less distraction so that we - immigration lawyers and RMAs - can concentrate on the job at hand - looking after our clients' needs.
On a separate but related point - I have long been a member of the MA as well as the MIA. And if my recent expulsion by the MIA board following the setting up of VISA has taught me anything it is this - Liana and the MA truly have the interests of RMAs at heart. Whereas the MIA board clearly is motivated by self preservation and the protection of a flawed business model which puts self interest at the fore rather than the interests and rights of migrants and refugees.
In closing I would urge RMAs to stop wasting money. Join the MA and join VISA (membership opens soon) By being member of both MA & VISA you not only save money but get access to incredible member benefits.
Cheers
Anthony
3 RMA organisations.
Is it required?
ANOTHER REPRESENTATION ORGANISATION - Immigration Advisory Australia (IAA)
MIGRATION SHOW ANNOUNCEMENT
PUSHING BACK AGAINST RMA RESTRICTIONS, TIERS, CAPSTONE EXAMS AND MUCH MORE
NEW RMA ORGANISATION TO BE ANNOUNCED
SPECIAL GUEST MELANIE DOUGLAS
We'll talk with special guest RMA Melanie Douglas who will provide details of Immigration Advisory Australia (IAA), the new RMA organisation being formed in response to Deregulation, the DHA Enquiry, MIA/MA, and the need for an organisation that solely represents Registered Migration Agents
CAPSTONE CLASS ACTION LAWSUIT?
We'll also discuss details of plans in the industry for a proposed class action lawsuit to be taken on behalf of students who have failed the Capstone exam (80%+ Failure Rate since inception) or may be affected by the Capstone Exam going forward.
In the midst of all these changes taking place, authorities have totally ignored the hardships Migration law graduates are going through. Those who passed their university exam in 2018-19, are still striving for registration. Capstone exam conducted by the College of Law is one of the most unfair registration exams ( if not the most unfair ) in the world. Many brilliant students have failed thrice and are waiting in a hope for a better system. Unfortunately, there is nothing they can rely on. Universities grabbed the fees and offered them a course without informing the students about the difficult and utterly unfair exam they have to face. With a pass rate of less than 20%, it can be estimated that some students will have to spend more than 10,000$ just on the capstone exam. Apart from that, many candidates are struggling financially because of Covid19 and lack of job opportunities. I don’t think a registration exam has to be as tough as this one. The questions are designed to fail students and not pass them.
try becoming a lawyer...
No-one tells you that after 24 law subjects you have to take a sabbatical from work for another 6 months to get a graduate diploma in legal practice prior to admission. Then you register but wait, you need two years of supervised practice before you can practice and a principal course to open you own practice
What if you are an adult engineer like me and cannot afford to live on 20% of your present wage?
But, my comment is that I just cannot believe the low quality of the documentation I see in this field and that good agents fall by the wayside pushed by unscrupulous ppl that place profits ahead of customer’s interests.
Well said Liana.
The deregulation will not open the “flood gates”. Any hype over this new deregulation is completely unfounded.
Good to see a post from MA settling the waves from individuals who have no interest in creating comradeship, just scaremongering.