Deregulation: Approval of Migration Amendment (Regulation of Migration Agents) Bill 2019

In the past, a practicing Australian immigration lawyer must register with the Migration Agents Registration Authority (MARA) to become a ‘registered migration agent’. Without this qualification, lawyers are effectively restricted from providing ‘immigration assistance’ which principally involves preparing, advising, and representing clients on visa applications and visa cancellation review applications. However, unregistered immigration lawyers can provide ‘immigration legal assistance’ which is assistance in relation to litigious immigration matters before a court.  One the other side, migration agents are not required to be a lawyer. The dual regulation leads to confusion for consumers over the differences between immigration lawyers and registered migration agents.

Approval of Migration Amendment (Regulation of Migration Agents) Bill 2019

To resolve the above issue under the previous scheme, on 15 June 2020, the Migration Amendment (Regulation of Migration Agents) Bill 2019 has been approved. The main amendments have been listed below.

1. Remove unrestricted legal practitioners from the regulatory scheme that governs migration agents;

2. Allow eligible restricted legal practitioners to be both registered migration agents and restricted legal practitioners for a period of up to two years;

3. Enable the time period in which a person can be considered an applicant for repeat registration as a migration agent to be specified in delegated legislation;

4. Remove the 12-month time limit within which a person must apply for registration following completion of a prescribed course;

5. Clarify that the powers under Part 3 of the Act are exercisable by the minister;

6. Enable the Migration Agents Registration Authority (MARA) to refuse an application to become a registered migration agent where an applicant has failed to provide information or answer questions in relation to their application;

7. Require registered migration agents to notify MARA if they have paid the non-commercial application charge for their current period of registration but give immigration assistance otherwise than on a non-commercial basis;

8. Provide that the definitions of 'immigration assistance' and 'makes immigration representations' include assisting a person in relation to a request to the minister to exercise his or her power under the Act to revoke a character-related visa refusal or cancellation decision.

These amendments will reduce costs and confusion for consumers caused by dual regulation, and meanwhile improve access to justice by allowing more lawyers to provide immigration assistance. However, consumers need to be aware that some lawyers who have been banned by the regulatory body from practicing as registered migration agents because of fraudulent activities, will now again be able to practice without restraint in the migration law sector. Overall, the amended regulation gives consumers more choices, but they need to be aware of whether their immigration lawyers are competent and trustful in immigration matters.

How Can Agape Henry Crux Help

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian and Malay. If these aren’t your language, we can also help you arrange an interpreter

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