The reason why there are inactive migration agents in Australia is multifaceted. Some may face personal circumstances that necessitate a temporary or permanent withdrawal from practice. On the other hand, others may encounter professional setbacks or regulatory hurdles.
Regardless of the cause, the consequences of inactivity can be detrimental. This is for both aspiring migrants and the overall reputation of the migration industry.
To address the issue of inactive migration agents, the Australian government has implemented regulatory measures. The Office of the Migration Agents Registration Authority (MARA) maintains a register of migration agents. This includes information on their registration status and any disciplinary action taken against them.
Additionally, MARA has established a complaints process for individuals who have been affected by the actions or inaction of a migration agent.
Division 3A of the Migration Act 1958 provides for the rules regarding documents relating to clients of inactive migration agents and deceased migration agents. This article will focus on sections 306A-306C.
Goals of Division 3A (Section 306A)
The aims of Division 3A are the following
- to ensure that clients of inactive migration agents are not unduly disadvantaged by the agent becoming inactive; and
- to ensure that clients of deceased migration agents are not unduly disadvantaged by the death of the agent;
To realise these goals, the Act empowers the MARA to:
- obtain originals or copies of client documents from inactive migration agents or from the legal personal representatives of deceased migration agents; and
- give the originals or copies to the clients concerned.
Who Is a Migration Agent?
A migration agent, also known as a registered migration agent (RMA), is a professional authorised to provide immigration assistance. They provide advice to individuals or organisations seeking to enter or reside in Australia.
They are regulated by the Office of the Migration Agents Registration Authority (MARA) and are required to meet specific education, training, and experience requirements to obtain and maintain their registration.
For more information about the registration of migration agents, here’s an article that might help.
When Do Agents Become Inactive Migration Agents?
Section 306B provides that:
- Upon expiration of the registration. If a person ceases to be a registered migration agent because the person’s period of registration expires under section 299 (period of registration):
- the person becomes an inactive migration agent at the time of the cessation; and
- the person remains an inactive migration agent until the end of the period of 2 years after the cessation or until the person again becomes a registered migration agent, whichever happens first; and
- Upon the person’s request. If, at a person’s request, the Migration Agents Registration Authority deregisters the person under section 302 (automatic deregistration):
- the person becomes an inactive migration agent at the time of the deregistration; and
- the person remains an inactive migration agent until the end of the period of 2 years after the deregistration or until the person again becomes a registered migration agent, whichever happens first; and
Under this rule, if a person ceases to be a registered migration agent because the Migration Agents Registration Authority cancels the person’s registration under section 302A (cancellation of registration: Australian legal practitioners), or because the person’s registration ends under section 333B:
- the person becomes an inactive migration agent at the time of the cessation of the registration; and
- the person remains an inactive migration agent until the end of the period of 2 years after the cessation, or until the person again becomes a registered migration agent, whichever happens first.
Additional Points
- MARA cancels the registration. If the Migration Agents Registration Authority (MARA) cancels a person’s registration under section 303 (disciplining migration agents):
- the person becomes an inactive migration agent at the time of the cancellation; and
- the person remains an inactive migration agent for 2 years.
- MARA suspends the registration. If the Migration Agents Registration Authority (MARA) suspends a person’s registration under section 303:
- the person becomes an inactive migration agent at the time of the suspension; and
- the person remains an inactive migration agent for the period of the suspension; and
- Physical or mental incapacity. If, while a person is a registered migration agent, the person becomes physically or mentally incapable, for a continuous period of not less than 14 days, of giving immigration assistance:
- the person becomes an inactive migration agent at the end of that period of 14 days; and
- the person remains an inactive migration agent until the person ceases to be physically or mentally incapable of giving immigration assistance.
Take note that the Authority must cancel the registration of inactive migration agents who are unrestricted or restricted legal practitioners, but are not eligible.
Who Is a Client?
Section 306C defines a client of a registered migration agent as a person to whom the agent has given, or has agreed to give (whether or not in writing), immigration assistance. Moreover:
- if registered migration agents become inactive migration agents, a client of the registered migration agent (while the agent was registered) remains a client of the inactive migration agent; and
- a person remains a client of a registered migration agent, or inactive migration agents, even if the agent is deceased.
As Australia continues to attract individuals seeking new opportunities and a better life, the role of migration agents remains crucial. Ensuring that only active and qualified agents provide migration assistance is essential to uphold the integrity of the system and protect the rights and aspirations of those seeking to make Australia their home.
Seeking Legal Advice From Migration Lawyers
Navigating the complex and ever-changing landscape of immigration law can be a daunting task. With an experienced migration lawyer by your side, you can rest assured that your case is in capable hands, increasing your chances of success.
Here are just a few reasons why hiring a migration lawyer is a wise decision:
- Expertise and knowledge
- Strategic guidance
- Representation and Advocacy
- Reduced stress and anxiety
- Increased chances of success
Don’t let the complexities of immigration law hinder your dreams. Schedule a consultation with one of our experienced migration lawyers at JB Solicitors today and take the first step towards a brighter future in Australia.
Contact us here.