Since inception four years ago, the Office of the Migration Agents Registration Authority (OMARA), has grown from an unnecessary regulatory authority to an overfunded and out of date Australian Labor Party cost legacy that, some would argue, has a crystal clear self interest mandate, in protecting its high paying jobs located in the plush offices overlooking Sydney’s Hyde Park.

According to various sources, OMARA, rather than assisting registered agents or protecting consumers from unregistered practice continues to do the opposite.

Almost all Registered Migration Agents, including lawyers, are affected by the ongoing inefficiencies and incompetence at the OMARA and its culture of bureaucratic interference.

It appears OMARA has graduated with a qualification equivalent to buggery by constantly causing issues for qualified Registered Migration Agents where there is no legal basis for the issue. OMARA’s reliance upon the so often quoted ‘discretionary powers’, which even to a layperson, often fall outside the legal mandate, which is to deal with code of conduct related matters.

Even though as agents, we deal with OMARA often, we know little about how it's officers go about their work, or their level of competence. Well, its our turn.

In a matter of months, the internal workings of OMARA will be exposed. Such exposure is not likely to leave OMARA much enthused.  Regarding individual officers, their inquiries of agents are unlikely to meet the required level of competence but for a select few.  

Recent, examples of OMARA administrative nonsense include Carls’ issue in regard to disbursement of interest on clients' account.  Then there is the increasing of CPD hours for annual conference purposes without cause.  Then there is acting against its own legal advice by interpreting black letter law 'retainer contracts' as a 'fee service arrangement'.

Your Migration Litigation Community is now active with one focus – to assist you in standing up for your rights and give you cost effective tools to do so, including templates to challenge OMARA in the Federal Court and expose OMARA's incompetency with advanced FOI requests.

Please feel free to contribute.  Please also attend the 'Slash Red Tape Lunch' with Josh Frydenberg MP and Craig Laundy MP to push the MA agenda to stop red tape at the OMARA.

Next blog will feature “A Starters Guide to challenging anything and everything OMARA is asking of you”.