Migration agents registration in Australia is important as it allows migration agents to provide professional help, guidance, expertise, and up-to-date knowledge. It is necessary for purposes of regulation and accountability.
Migration agents in Australia are like a compass, guiding you through the complex and ever-changing Australian immigration system. They are your trusted advisors and advocates, helping you navigate the maze of visa applications and regulations.
The Migration Act 1958 provides for the rules on the registration of migration agents. Section 287-293 discusses the eligibility requirements for their registration. This article will discuss Sections 295-301 which provide for the following rules on:
- Refusal of application
- Period of registration
- Continuation of registration
- Expiration of registration
Migration Agents Registration: Notice of Refusal of Application
Section 295 states that if the Migration Agents Registration Authority (MARA) decides not to register an applicant, the Authority must give the applicant written notice of the decision and of the reasons for it. However, the applicant may apply to the Administrative Appeals Tribunal (AAT) for review of the decision.
Section 27A of the Administrative Appeals Tribunal Act 1975 provide the legal basis for this requirement. It requires that people whose interests are affected by the Authority’s decision be given notice of their rights to seek review of the decision.
Migration Agents Registration: Period of Registration
Section 299 provides for the period of registration:
- The registration of a registered migration agent ends 12 months after the day of registration.
- If the registration is suspended for a period, the period of the registration is extended by a period equal to the period of suspension.
Migration Agents Registration: Automatic Continuation of Registration
Section 300 says that the agent’s registration will continue after the expiry day until the earliest of the following:
- the Authority decides the application;
- the Authority decides to suspend the agent’s registration;
- the Authority decides to cancel the agent’s registration;
- the end of the period of 10 months beginning on the day after the expiry day.
Exceptions to the rule
- Suspension. If, before the end of the expiry day, the Authority made a decision to suspend the agent’s registration, unless:
- the agent had completed the suspension before the end of the expiry day; or
- there was a decision, other than a stay order, of the Administrative Appeals Tribunal or a court in force, immediately before the end of the expiry day, to the effect that the agent’s registration is not suspended or cancelled.
- Cancellation. If, before the end of the expiry day, the Authority made a decision to cancel the agent’s registration, unless:
- there was a decision (other than a stay order) of the Administrative Appeals Tribunal or a court in force, immediately before the end of the expiry day, to the effect that the agent’s registration is not suspended or cancelled; or
- there was a decision of the Administrative Appeals Tribunal or a court in force to the effect that the agent’s registration is suspended, and the suspension had been completed before the end of the expiry day.
As to when an agent’s registration is automatically continued:
A registered migration agent’s registration continues beyond the last day (the expiry day ) of the agent’s registration if, before the end of the expiry day:
- the agent made a registration application; and
- the agent paid the registration application fee (if any) in respect of the application; and
- the Migration Agents Registration Authority had not decided on the application.
What if there was no decision within a certain period?
We consider that the authorities have granted the application. If, before the end of the period of 10 months beginning on the day after the expiry day, the Authority has not:
- decided the registration application; and
- decided to suspend the agent’s registration; and
- decided to cancel the agent’s registration;
then the application is taken to have been granted at the end of that period.
When does the registration take effect?
If the Authority grants the registration application, or the registration application is taken to have been granted, the registration is treated as having taken effect at the end of the expiry day.
Illustration of this rule: An agent’s registration is due to end on 31 October (the expiry day). On 20 October the agent applies for registration again. The Authority has not decided the application by the end of 31 October. The agent’s registration continues automatically past 31 October until the Authority decides the application. On 15 November the Authority grants the application. The authorities treat the new 12-month registration as taking effect at the end of 31 October.
Migration Agents Registration Authority Must Warn of Expiry
If a registered migration agent is registered for a certain period, Section 301 states that the MARA must give the agent a written notice stating when the period will end, at least 30 days before the end of that period.
Migration agents have often been working in the immigration system for years and know everything to do with visa applications. They understand all the legislative requirements, what documents are ‘good’ evidence, and can ensure that one fills out forms correctly.
Additionally, Australia’s migration system is constantly changing and it’s a Migration Agents’ job to make sure they remain completely up to date with all new laws and requirements.
Talk to a Migration Attorney
For guidance and support on migration agents registration or any migration law concern, consult with a migration lawyer. They can answer your questions, help you to prepare your application, and represent you in dealings with the Australian government.
Contact us through this link.