This article will outline preliminary provisions about migration agents and immigration assistance under Migration Act 1958. Navigating the Australian visa system can feel like venturing into a labyrinth. With its ever-changing regulations and diverse visa options, the process can be daunting. That’s where migration agents and immigration assistance come in.
They act as your guide, helping you navigate the complexities and significantly improve your chances of a successful visa application in the Land Down Under. Indeed, their expertise can significantly boost your chances of visa success. However, for truly intricate situations or legal challenges, consulting an immigration or migration lawyer becomes crucial.
Read on to learn about preliminary provisions about migration agents and immigration assistance.
What Is OMARA?
OMARA stands for the Office of the Migration Agents Registration Authority. It’s an Australian Government body responsible for:
- Registering Migration Agents: They ensure agents meet specific knowledge and character requirements.
- Regulating the Migration Agents Profession: They establish and enforce a code of conduct for agents, ensuring ethical practices.
In simpler terms, OMARA acts as a watchdog, making sure migration agents in Australia operate professionally and legally. If you’re considering using a migration agent, you can check their registration status on the OMARA website.
Section 275 on Preliminary Provisions about Migration Agents and Immigration Assistance: Interpretation of Legal Definitions
Section 275 of preliminary provisions about migration agents and immigration assistance highlights the interpretation of legal definitions under Part 3 of the Migration Act. This section deals with immigration assistance and review of visa decisions. Here’s a breakdown of some key terms:
- Australian legal practitioner: A lawyer with a practicing certificate, either restricted or unrestricted.
- Restricted legal practitioner: A lawyer with a practicing certificate that requires them to be supervised by another lawyer for a certain period. This is often the case for newly admitted lawyers.
- Unrestricted legal practitioner: A lawyer with a practicing certificate who can practice law independently, without supervision.
- Migration Agents Registration Authority (MARA): The government body responsible for registering and regulating migration agents in Australia.
- Immigration assistance: Providing advice or services related to immigration matters, such as visa applications.
- Cancellation review applicant: Someone appealing a decision to cancel their visa.
The distinction between migration agents and lawyers is important. Migration agents can offer immigration assistance, but they are not lawyers and cannot provide legal advice. Lawyers can provide both immigration assistance and legal advice. They can represent you in court if you need to appeal a visa decision.
This section about preliminary provisions about migration agents and immigration assistance emphasises the role of MARA. The government agency ensures that migration agents are qualified and meet professional standards.
Section 276: Immigration Assistance
Section 276 of preliminary provisions about migration agents and immigration assistance explains what constitutes “immigration assistance”. Immigration assistance involves using knowledge of immigration procedures to help someone with:
- Visa applications (preparing, advising, representing in court/reviews)
- Cancellation review applications (same as above)
- Nominating or sponsoring someone for a visa (preparing documents, advising, representing in court)
- Requesting the Minister to review a visa decision (preparing or advising on the request)
- Requesting the Minister to revoke a visa cancellation on character grounds (preparing or advising on the request)
However, Section 276 of preliminary provisions about migration agents and immigration assistance states that the following doesn’t count as immigration assistance:
- Clerical work on applications (typing, formatting)
- Translation or interpretation services
- Basic advice to apply for a visa
- Sharing information from someone else without explanation
Section 278 on Preliminary Provisions About Migration Agents and Immigration Assistance: Relation by Employment
Section 278 of preliminary provisions about migration agents and immigration assistance defines who is considered “related by employment”. Two people are connected by employment if:
- One is the other’s employee (direct boss-employee relationship)
- They’re both executives in the same company
- They’re both partners in the same business
- One works for a company where the other is also an employee or executive
- One works for a partnership where the other is a partner or employee
There might be other situations considered “related by employment” based on specific regulations. The interesting part is that the definition of “employee” in this section is broader than usual. It includes people like consultants and independent contractors, even though they wouldn’t typically be considered direct employees.
Knowing if someone is “related by employment” to you can help determine if they can legally assist you with your visa.
Section 278A: Eligibility for Restricted Legal Practitioners
Section 278A of preliminary provisions about migration agents and immigration assistance discusses eligibility for restricted legal practitioners.
Who is eligible?
Lawyers with a restricted practicing certificate. This means they can practice law under supervision.
How long is the eligibility period?
Generally, the period is 2 years from when they first held a restricted practicing certificate. For lawyers already practicing with a restricted certificate before these rules came into effect, the eligibility period starts from the commencement date of this section (2 years from that date).
An eligible lawyer can apply to the Migration Agents Registration Authority (MARA) for an extension of up to 2 years. They can only apply once and the application needs to be submitted at least 3 months before the current eligibility period ends.
MARA’s decision on extension
MARA will decide whether to extend the eligibility based on relevant circumstances, which may be further defined by regulations. They will notify the lawyer of their decision (approval or rejection) within 28 days before the current eligibility period ends. Lawyers can appeal MARA’s decision to the Administrative Appeals Tribunal.
Section 279: Part VIIC of the Crimes Act 1914 to Apply to This Part
Moreover, Section 279 says that Part VIIC of the Crimes Act 1914 applies to this Part irrespective of paragraph 85ZZH(d) of that Act. Section 85ZZ of the Crimes Act (1914) creates exceptions to a rule about sharing information. Here’s a simpler way to understand it:
There’s a rule (Division 3, not mentioned here) that likely restricts how information can be disclosed to protect privacy. This section says the rule doesn’t apply in certain situations where information is shared for specific purposes with specific people. Here are the exceptions (who can receive the information, who can share it, and the purpose):
- Government decision-makers: Information can be shared with anyone (who can share it), as long as it’s given to someone making a decision under specific laws (who can receive it), like the Migration Act (purpose: to make a decision related to migration).
- Law enforcement and security agencies: These agencies can share information with each other (and likely others within their agencies) to assess potential employees, contractors, or for making decisions related to prosecution or national security.
- Courts and tribunals: Courts can receive information from anyone for making decisions, including sentencing.
- Other specific situations: There might be other exceptions defined in the law (prescribed person/body, prescribed purpose, prescribed offence).
Our Migration and Immigration Lawyers
JB Solicitors’ experienced immigration lawyers can provide you with the personalised legal advice and support you need throughout the entire visa process. From understanding eligibility requirements to completing applications and navigating potential challenges, JB Solicitors is here to help ensure your visa journey is as smooth and successful as possible.
Contact us today for more information on preliminary provisions about migration agents and immigration assistance.
