The Migration Act (1958) covers the subject of investigations by the MARA or the Migration Agents Registration Authority. We will outline the sections relevant to investigations by the MARA in this article. These include:
Section 308: Requiring Registered Migration Agents to Give Information
This provision outlines the authority of the Migration Agents Registration Authority over registered migration agents, compelling them to provide information, answer questions, or provide specific documents related to their registration. Registered agents have an obligation to comply, and the authority can request information through:
- written questions,
- in-person interviews, or
- document submissions.
Interestingly, while agents must provide information or documents, they can’t refuse based on potential self-incrimination. However, anything provided in response to these requests, or obtained indirectly from them, generally cannot be used as evidence in criminal proceedings, except in cases linked to certain offences against the Migration Act or its regulations.
Section 309: Persons May Make Submissions
Section 309 on investigations by the MARA has the following key points:
- Registration Application Consideration: When the Migration Agents Registration Authority is considering rejecting a registration application, they need to notify the applicant about this intention, providing reasons for the potential refusal. Additionally, the applicant is given the opportunity to submit further supportive information or arguments to strengthen their application.
- Registered Agent Decision Consideration: If the authority is contemplating actions such as cancelling, suspending, or cautioning a registered migration agent under Section 303, they must inform the agent of this consideration along with the reasons. Furthermore, the agent has the right to submit their perspective on the matter.
- Understanding “Submission”: Here, a “submission” refers to either a statutory declaration or a written argument that the applicant or registered agent can present to support their case or clarify their position.
Lastly, this section ensures that individuals involved in the migration process have the chance to present their case or arguments when their registration application or status as a migration agent is being evaluated or potentially affected.
Section 310: Persons May Appear before the MARA
This section outlines the process for individuals involved with the Migration Agents Registration Authority in specific matters:
- Invitation for Submission: When the Authority requests a submission regarding a particular matter under section 309, this section becomes relevant.
- Decision-Making Without Submission: If the Authority doesn’t receive a submission from the concerned individual, it reserves the right to make a decision based on information available.
- Submission Reception and Options: In the event the Authority receives a submission:
- It holds the power to make a decision based on the submission and available information.
- Alternatively, it can offer the individual who made the submission an opportunity to appear before the Authority. Following this appearance, the Authority will then make a decision on the matter.
Note that if they receive a submission, the Authority can either decide based on the submission and existing information or give the individual an opportunity to appear before making a decision.
Section 311: MARA Not Bound by Legal Forms Etc
This provision essentially grants the Migration Agents Registration Authority a certain level of flexibility and discretion when dealing with registration applications or potential disciplinary actions:
- Not Bound by Technicalities or Legal Forms: The Authority isn’t constrained by strict technicalities, legal formalities, or rigid rules of evidence typically found in legal proceedings. This allows them to consider matters more broadly, beyond formal procedures.
- Guided by Substantial Justice and Merits: Instead of being strictly bound by procedural regulations, the Authority can base its decisions on the principles of substantial justice and the merits of each individual case. This suggests that decisions should be made in a manner that is fair and just. Focusing on the essential elements and fairness of the situation rather than technicalities or formal rules.
Overall, this provision gives the Authority the leeway to prioritise fairness, justice, and the core aspects of each case over strict adherence to legal technicalities or formalities.
Importance of Seeking Legal Advice
Migration lawyers have the experience of dealing with a variety of different matters. Are you looking for assistance with making your visa applications? If so, do not hesitate to reach out to our leading team of lawyers. If you have more questions on investigations by the MARA, or any other enquiries, we recommend you to send us a message.
For more information, contact our team of solicitors.
