One of the key recommendations from the Enquiry into the Migration Agent Profession is that all new migration agents be required to complete a period of supervised practice.
Education Agents and Registered Migration Agents grouped together
The committee acknowledge in their report that the majority of agents [migration agents] are professional and provide an outstanding service but evidence of misconduct and fraudulent action by registered migration agents and education agents was apparent and the impact on their victims was significant.
My comment: It is unfortunate that the committee didn't differentiate RMAs from Education Agents in this sentence as it makes it hard to see which group is responsible. I would hazard a guess it is the less rigidly regulated group; Education Agents.
Unregistered agents and Registered Migration Agents grouped together
Throughout the inquiry process, the committee heard evidence about agents taking advantage of vulnerable consumers.
Witnesses told stories of migration agents:
taking money without completing work;
failing to meet lodgement deadlines;
overcharging for the preparation of visa applications; and
giving incorrect visa information.
Victims suffered considerable financial loss as a result of misconduct and fraudulent actions by registered and unregistered migration agents.
My comment: Unfortunately the committee has not distinguished the unregistered from the registered migration agent here so this unfairly points the finger at our profession.
Biggest concern is Unregistered Agents and Education Agents
The biggest concern throughout the inquiry was always the unregistered agents.
Some education agents had provided unlawful immigration assistance to international students regarding visas, sponsorships and permanent residence—they're simply not allowed to do that—and in some cases education agents were not passing on money to education providers. One organisation [Migration Alliance] reported that they had experienced regular instances of international students who had fallen victim to education agents. A lack of regulation enables them to operate without consequences as the relevant authorities have limited powers to take any action against them.
My comment: Any membership organisation in the migration advice profession that thinks it is doing our profession a 'service' by combining education agents, unregistered agents (affiliate members) and registered migration agents together, as part of a total 'membership base', is actually giving credibility to a group of unqualified persons, who are now in Parliament's sights.
Migration Alliance made submissions to Parliament as early as 2011, which I personally helped to draft, namely:
- Parliamentary Draft Legislation to reduce offshore scams by Unregistered Persons providing offshore Immigration Assistance (28/12/11)
- Parliamentary Draft Legislation to improve migrant worker fair work conditions and market pay rates within the migration zone (28/12/11)
Government should adopt Migration Alliance's proposals. Government should enforce Section 280B of the Migration Act, and adopt the same policy as Canada and New Zealand; Do not accept visa applications from anyone who is not a Registered Agent / Immigration Adviser, whether onshore or offshore. Ever.
Source: Joint-Standing-Committee-on-Migration-report---House-of-Reps-21-Feb-2019.pdf