Please note that the information we provide in this article about the deregistration of migration agents is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.
This article will talk about the deregistration of migration agents in Australia. Sections 302 to 305B of the Migration Act 1958 establishes the rules on the following topics:
- Automatic deregistration of migration agents
- Cancellation of registration
- Disciplining registered migration agents
- Period of suspension
- Conditions for lifting cautions
- Notice of disciplinary decision
- Making disciplinary details publicly available
- Providing disciplinary details to clients
Migration agents are licenced professionals registered with the Migration Agents Registration Authority (MARA). Through the MARA registration, they effectively signify that they have undergone rigorous training and possess up-to-date knowledge of these regulations.
However, there can be instances that migration agents may be registered. Let us now begin our discussion on this topic.
Deregistration of Migration Agents: Automatic Deregistration
Under section 302 of the Act, there are two grounds for an automatic deregistration of migration agents: by request in writing or by death of the agent. The Migration Agents Registration Authority must deregister a registered migration agent by removing his or her name from the Register if:
- he or she requests the Authority, in writing, to do so; or
- he or she dies.
Automatic deregistration of migration agents has significant consequences for both the agent and their clients:
- Loss of Practise. A deregistered agent cannot provide any immigration assistance or represent clients before the Department of Home Affairs.
- Reputational Damage. Deregistration can be a public record, potentially damaging the agent’s reputation and future career prospects.
- Impact on Clients. Current clients of deregistered agents might face delays or complications with their ongoing visa applications. They will need to find a new registered agent to continue their visa journey.
Deregistration of Migration Agents: Cancellation of registration
Section 302A establishes the rules for the cancellation of registration of migration agents. The MARA must cancel the registration of a registered migration agent, by removing the agent’s name from the Register. There are two grounds for its valid cancellation.
- that the agent is an unrestricted legal practitioner; or
- that the agent is a restricted legal practitioner who is not eligible.
A registered migration agent must notify the Authority within 28 days after becoming a restricted legal practitioner or an unrestricted legal practitioner. A restricted legal practitioner is a lawyer with a practising certificate that has limitations compared to a fully unrestricted practitioner.
However, note that an unrestricted legal practitioner, or a restricted legal practitioner other than an eligible restricted legal practitioner, cannot be registered as a migration agent.
Furthermore, only based on a document approved by an organisation authorised to grant practising certificates to Australian legal practitioners in the relevant State or Territory may the Authority cancel the registration of a registered migration agent due to the agent’s status as an Australian legal practitioner.
Notice of Decision
Under this provision, the Authority must give a registered migration agent written notice of a decision to cancel the agent’s registration. Here, the notice must set out the reason for the decision. The decision takes effect at the time the agent is given written notice of it.
Deregistration of Migration Agents: Disciplining Registered Migration Agents
Under section 303, the MARA has the authority to do the following acts in relation to disciplining registered migration agents in Australia:
- cancel the registration of a registered migration agent by removing his or her name from the register; or
- suspend his or her registration; or
- caution him or her.
The MARA may do any of these if it becomes satisfied that:
- the agent’s application for registration was known by the agent to be false or misleading in a material particular; or
- the agent becomes bankrupt; or
- the agent is not a person of integrity or is otherwise not a fit and proper person to give immigration assistance; or
- an individual related by employment to the agent is not a person of integrity; or
- the agent has not complied with the Code of Conduct prescribed under section 314.
As to an unpaid registration status charge: the Authority may also suspend the registration of a registered migration agent if any registration status charge payable by him or her remains unpaid after the time when it becomes due for payment.
Period of Suspension
What are the periods of suspension set under section 304? If the MARA suspends the registration of a registered migration agent under section 303, the Authority may:
- set a period of suspension of not more than 5 years; or
- set a condition or conditions for the lifting of the suspension.
Moreover, section 304A states that the Authority may set one or more conditions for the lifting of a caution it gives to an agent.
Notice of Disciplinary Decision: Notice to Agent
Section 305 requires that the MARA must give a registered migration agent written notice of a decision made under section 303 in relation to the agent. Moreover, the notice must set out the reasons for the decision. One important thing that you must note here is the effectivity date of the decision. Note that the decision takes effect at the time the agent is given written notice of it.
Making Disciplinary Details Publicly Available
Section 305A pertains to the manner of making disciplinary details publicly available. It states that if a registered migration agent is given notice of a decision under section 303, then the MARA has the following duties:
- As soon as possible make available in the prescribed way a statement that sets out the decision and specifies the grounds for the decision; and
- Prepare a statement about the decision and make it available to one or more groups of persons, or to one or more persons, in any way the Authority thinks fit.
Note: A statement under this section need not set out the findings on material questions of fact and need not refer to the evidence or other material on which those findings were based.
Providing Disciplinary Details to Clients
Under section 305B, the MARA has the obligation to provide disciplinary details to the migration agent’s clients. Thus, if the MARA makes a decision to discipline the agent, the Authority or the Secretary may inform one or more of the clients of the agent about any one or more of the following:
- the making of the decision.
- whether or not the agent has applied for review of the decision.
- the status of any such review.
Transparency is important. Thus, making disciplinary details public allows potential clients to make informed decisions when choosing a migration agent. Clients can assess the severity of the misconduct and whether it raises any concerns about the agent’s suitability for their case.
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