The Office of the Migration Agents Registration Authority (OMARA) has published guidance on the use of artificial intelligence (AI) tools in the delivery of immigration assistance. The guidance outlines the regulatory framework applicable to registered migration agents (RMAs) and clarifies the professional responsibilities that continue to apply when AI technologies are used.
Under section 280 of the Migration Act 1958 (Cth), immigration assistance in Australia may only be provided by authorised persons. These include Registered Migration Agents (RMAs), Australian legal practitioners, and a limited number of exempt persons, such as close family members of a visa applicant. Immigration assistance is defined under section 276 of the Act and includes activities such as preparing or assisting with a visa application.
The OMARA guidance makes clear that there are no exemptions for information generated through AI tools. A person who provides immigration assistance through AI without being authorised may still commit an offence under section 280 of the Act.
Registered migration agents may choose to use AI tools in the course of providing immigration assistance. However, RMAs remain fully responsible for the accuracy and adequacy of the advice provided to clients, regardless of whether the information has been generated or assisted by AI. The professional and ethical obligations contained in the Code of Conduct for RMAs continue to apply when AI is used.
This includes the obligation to provide competent and professional advice, as well as the duty of confidentiality under section 35 of the Code of Conduct. RMAs should exercise caution when entering client information into AI systems, as sharing personal information through such platforms may result in a breach of confidentiality obligations.
The guidance also emphasises that where an RMA intends to use AI tools as part of the delivery of immigration assistance, clients should be informed in advance. In addition, written consent should be obtained before entering a client’s personal information into an AI platform or system, to ensure compliance with privacy principles.
Consumers who have concerns about the conduct of an RMA who has used AI in providing immigration assistance may lodge a complaint with the OMARA. Where the Authority has reasonable grounds to suspect that an RMA has breached the Code of Conduct, it may investigate the matter and take disciplinary action where appropriate.
See: https://www.mara.gov.au/about-us/use-of-artificial-intelligence
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