Here are the other provisions about migration agents and assistance under the Migration Act 1958. In Australia, migration agents are qualified professionals who offer guidance and assistance to individuals navigating the complexities of the visa application process. They act as a bridge between you and the Department of Home Affairs (DHA).
In a nutshell, migration agents in Australia are visa application experts who can:
- Advise you on the best visa option for your situation.
- Guide you through the complex visa application process.
- Help you gather documents and complete the application forms.
- Represent you and communicate with the DHA
- Offer tailored advice for complex situations.
Though these professionals have licences to help visa applicants with visa procedures, they cannot help with legal procedures. So it’s still advisable to speak with migration lawyers or both migration agents and lawyers. Let’s read on to know more about other provisions about migration agents and assistance.
Who Regulates Migration Agents?
The Office of the Migration Agents Registration Authority (OMARA) regulates migration agents in Australia. They are not an independent authority but rather a division within the Australian Department of Home Affairs (DHA). OMARA does the following:
- Registers migration agents: It ensures that only qualified individuals who meet specific criteria and adhere to a strict code of conduct can practice as migration agents in Australia.
- Regulates the migration agent profession: It sets and enforces professional standards and ethical obligations for registered migration agents, protecting consumers from unethical practices.
- Provides resources and information: The MARA website offers valuable resources for both potential migrants and registered migration agents, including information on visa options, the registration process, and professional development requirements.
Section 332C: Removing Disciplinary Details–Registered Migration Agents
Section 332C of other provisions about migration agents and assistance outlines the process for removing disciplinary details about registered migration agents in Australia. Here’s a simpler explanation:
1. The Migration Agents Registration Authority (MARA) must remove any online records about:
- Cancellations or suspensions of a migration agent’s registration.
- Cautions issued to a migration agent.
2. The timeframe for removal is determined by regulations. These regulations may set different removal periods for cancellations, suspensions, and cautions.
Section 332D: Removing Disciplinary Details – Former Registered Migration Agents
Section 332D of other provisions about migration agents and assistance focuses on removing online disciplinary details about former registered migration agents. Here’s a breakdown:
- The Migration Agents Registration Authority (MARA) is required to remove any online statements related to disciplinary actions taken against a former migration agent.
- The timeframe for removing these details is determined by regulations. These regulations may specify different removal periods depending on the specific disciplinary action.
Section 332E: Protection From Civil Proceedings
Section 332E of other provisions about migration agents and assistance offers protection from legal action for individuals involved in reporting or investigating potential misconduct by migration agents. Here’s a simplified explanation:
1. Protection for complainants:
You cannot be sued for reporting a registered migration agent to the authorities (Migration Agents Registration Authority) if you acted in good faith. This applies to:
- Making a complaint about their service.
- Providing statements, documents, or information during an investigation.
This protection also extends to reporting unregistered individuals who offer immigration assistance to the Department of Home Affairs, as long as your actions were well-intentioned.
2. Protection for the investigating body: The Migration Institute of Australia and its staff are immune from lawsuits for damages related to their good faith actions in carrying out the functions of the Migration Agents Registration Authority, such as investigating complaints.
3. Additional protection: The Australian government and its officials are also shielded from lawsuits for damages arising from their good faith actions in:
- Performing their duties related to the regulation of migration agents.
- Exercising their powers under the relevant section of the Act.
Section 332F: Disclosure of Personal Information by the Secretary
Section 332F of other provisions about migration agents and assistance outlines the conditions under which the Secretary of the Department of Home Affairs can disclose personal information about registered or inactive migration agents. The Secretary has the authority to share personal information about:
- Registered migration agents: individuals currently practicing.
- Inactive migration agents: individuals no longer actively registered.
This information can only be disclosed to a “review authority” under specific circumstances outlined in regulations set by the government. Additionally, these regulations also define how the “review authority” can utilise and share the disclosed information.
Section 332G: Disclosure of Personal Information by a Review Authority
Section 332G of other provisions about migration agents and assistance deals with the sharing of personal information about registered and inactive migration agents by review authorities. Here’s a breakdown:
1. Discretionary disclosure:
Review authorities can choose to disclose personal information about migration agents to the Secretary of Home Affairs or authorised officers, but only under specific circumstances defined in regulations.
These regulations also dictate how the Secretary or authorised officer can use or share this information.
2. Mandatory disclosure:
If a registered migration agent informs a review authority that they assisted someone with a visa refusal review application, the review authority must notify the Department of Home Affairs following the regulations.
3. Definitions:
- Inactive migration agent: Refers to someone previously registered but no longer actively practicing.
- Review application: Refers to a request for a review of a visa refusal decision.
Section 332H: Giving of Notices Under This Part
Section 332H of other provisions about migration agents and assistance explains how the Migration Agents Registration Authority (MARA) must deliver important notices to individuals. The MARA has four approved methods for notifying someone:
- Handing the notice directly to the recipient. This is the fastest method.
- Handing the notice to someone else at the recipient’s most recently provided address, as long as the person appears to live or work there and seems to be at least 16 years old.
- Mailing the notice by prepaid post to the recipient’s most recently provided address. The recipient is considered notified after a specific timeframe depending on the location of the sender and recipient (within Australia: 7 days; outside Australia: 21 days).
- Sending the notice electronically (fax, email, or other approved method) to the recipient’s most recently provided contact information. The recipient is considered notified at the end of the day the notice is sent.
This law supersedes any conflicting notification methods outlined in the Electronic Transactions Act of 1999.
The Importance of Seeking Legal Advice
While migration agents can offer valuable guidance, there are several situations where seeking legal advice from a qualified migration lawyer can be crucial for your visa application. What if your case involves unique circumstances, significant complexities, or potential legal issues? For instance, criminal record, medical conditions.
JB Solicitors can provide expert advice, navigate legal intricacies, and represent you in complex legal matters related to your visa application. Our migration lawyers can also help if your visa application faces denial or requires an appeal. Our expertise with court representation can help build a strong case, and increase your chances of a successful outcome.
Message us today for more information about other provisions about migration agents and assistance.
