Scott Morrison’s announced that taxpayer funded immigration advice for IMA’s would be cut as of today.

I’ve attached a copy of the Dept’s media statement, and here’s a link to the article at news.com.au:

http://www.news.com.au/national/asylum-seeker-handouts-scrapped-australian-taxpayers-to-save-25-million-a-year/story-fncynjr2-1226869251116

Access to higher education in Australia has been made easier for overseas students from ‘high-risk’ countries like India, Pakistan and China with the removal of stringent grant criteria for students enrolled in selected education institutions.

Confident that it has broken the nexus between education visas and permanent visas, the coalition has relaxed the rules for the grant of student visas to ‘high-risk’ countries.

A total of 60 education providers are now on the list for fast-tracked and low-doc student visas. In essence, students – regardless of their country of origin – who are enrolled with these education providers for higher education courses, will be considered low risk. These students hence will need to provided less information to DIBP and are expected to receive simpler and quicker visa processing. Perhaps most significantly, under the new arrangements, they are expected to show about $20,000 less in available funds in order to be granted a visa.

The changes which were flagged late last year, came into effect on 22 March 2014. Minister Scott Morrison said that he is confident that the Coalition has broken the nexus between education visas and permanent visas. “We are in the business of having a world leading international education sector in this country, not selling visas. Those reforms that have broken that nexus are important…” he said speaking at the CPD Immigration Law Conference, Sydney.

The eligible education providers for SVP for sc 573, sc 574 and sc575 now include 41 Universities and 19 non-universities.  Non-university education providers on the list are starting to see increased enrolments. One such provider, Navita’s recently reported a 6 per cent increase in enrolments to 18,862 students this year. "This solid result was driven by a more than 25 per cent increase in recruitment of international students from their source countries… Vietnam, India, Nepal and Pakistan." the company said in a statement. The listed company’s share price  on the ASX surged over 15% since the beginning of the year on news of increased enrolments and strong future prospects. 

The office of the MARA have sent out an email to the profession titled 'Update from the Office of the MARA CRM:0033861' on Thursday March 27th at 5:20 pm.  Within it is the following information:

Raising consumer awareness - New video 

(Note from me: the video is not new it was uploaded to Youtube last year in December 2013)

One of the roles of the Authority is to ensure that consumers are aware of their rights.  Of course an important way they can look after their own best interests is to use a registered agent.  We have released a YouTube video called Do you need help applying for an Australian visa? This is available through the news carousel on the homepage of our website and encourages people to choose only registered migration agents. You may wish to place a link to this video on your own webpage if you have one. Here is the link: https://www.mara.gov.au/news-and-publications/news/videos/

By increasing community knowledge of the registration scheme, we will not only provide a better service to consumers, but help discourage the use of unregistered agents.

The following query has been received by Migration Alliance today:

I am assisting an agent with his first renewal and I couldn't find any legislative basis for the practice ready program. It's stated on the MARA website it's mandatory for first renewal and MIA also state the same but I failed to find it listed as a mandatory requirement in the legislation. I don't think it is, and I think that as a result many first year migration agents have paid out money for a program that wasn't a mandatory requirement at all.

I thought I'd raise it with you to look at it. I could be wrong but I thought I should raise with you to have a look at.

Please do not mention my details if looking into this further, I have enough fights with MARA as it is.

From what I see, Legislative Instrument 2013 No.33 in the associated explanatory statement paved the way for the Practice Ready Program. On page 4 of the associated Explanatory Statement reference is made to the program being supported through changes to Schedule 5. Refer to http://www.comlaw.gov.au/Details/F2013L00490/Html/Text#_Toc350854990

As a result of these changes we have, in the Migration Agent Regulations 1998, Schedule 2, the following:

7A.      The Minister may, by instrument in writing, declare that specified activities, up to the value specified by the Minister by instrument in writing for this clause, are mandatory for:
(a)      certain registered migration agents in a particular year of registration; or
(b)      all registered migration agents in any year of registration.

7B.      The Minister may, by instrument in writing, declare that specified activities, up to the value specified by the Minister by instrument in writing for this clause, are assessable for:
(a)      certain registered migration agents in a particular year of registration; or
(b)      all registered migration agents in any year of registration.

The changes require the declared activities to to be specified in an instrument. Legendcom links the 'instrument' in these clauses to IMMI 13/015 that specifies 10 points are manatory. There is no statement referencing a practice ready program.

I asked MARA and was advised the practice ready program was specified through a "notice" on the MARA website. I don't believe a notice on the MARA website is an 'instrument' as referred to by the regulations. comlaw.gov.au defines a legislative instrument here http://www.comlaw.gov.au/content/whatisit#L

I think MARA have confused themselves. Under the Migration Agent Regulations 1998 it is required that a list of approved activities is maintained on the Authority's website (refer to 9G (3)(a)) but this website listing is just to show the activity is an approved activity (and I note they refer to the information as a list on a website not an instrument!). I think MARA have ignored the fact that 7A/7B require the Practice Ready Program to be published in an instrument, not as a list on a website.

I could be wrong so it would be good to get a second set of eyes to look this over. If it's correct then MARA and MIA have been imposing costs on agents that were not actually required. 

Legal Training Australia is Australia's number one CPD training organisation for Registered Migration Agents.  Recently, Legal Training Australia (LTA) appointed Justin Rickard to deliver seminars to migration agents.  LTA is excited about this appointment as Justin has vast experience as a lawyer, migration agent & business owner, and can pass on his experience to Australian migration agents through the delivery of CPD sessions. 

Justin's favourite areas of immigration are skilled, spouse and 457, business migrants & investors.

Justin has had a fantastic professional career so far, with over 26 years of Accredited Legal Practice, (currently still practicing in the state of NSW, Australia), 22 years Specialising In Migration Law, 21 years  as a business owner, 19  years as a Registered Migration Agent and 11 years as a Real Estate Property Developer/Investor.