Migration Agents Registration Authority

The Office of the Migration Agents Registration Authority (OMARA) is an Australian Government authority that registers migration agents and regulates the Migration Agents profession. Migration agents assist people to migrate to Australia by using their knowledge of Australian visas and immigration law to complete necessary visa applications[1] and represent them in dealings with the Department of Immigration and Border Protection (previously the Department of Immigration and Citizenship), the Tribunals, The Minister, Federal Courts and High Courts of Australia.

Office of the Migration Agents Registration Authority (OMARA)
Agency overview
Formed1 July 2009 (2009-07-01)
Superseding agency
  • Migration Agents Registration Authority (MARA)
JurisdictionCommonwealth of Australia
Employees30–40
Parent agencyDepartment of Home Affairs
Websitewww.mara.gov.au

The Office also assists people to find a migration agent,[2][3] provide advice about fees[4] that agents might charge and assist with making complaints about agents.[5]

Under Australian law (Migration Act 1958,[6] Part 3) any person who gives "immigration assistance" must usually be a Registered Migration Agent. The term "immigration assistance" is defined in section 276 of the Act to cover using, or purporting to use, knowledge of or experience in migration procedure to advise or assist various people with visa applications and related sponsorships, appeals, etc.

On 9 February 2009, after a review,[7] the Minister for Immigration and Citizenship, Senator Chris Evans, announced new arrangements to govern migration agents. Under these new arrangements, the OMARA was established on 1 July 2009. Previously, the legislation appointed an organisation called the Migration Institute of Australia Limited (MIA) to function as the Migration Agents Registration Authority (MARA), which was charged with maintaining a register of migration agents and carrying out a variety of functions under the Act in relation to supervision and discipline of agents.

The OMARA is a discrete office which is part of the Department of Home Affairs. They are located in Sydney,[8] but operate nationally.

Functions

The functions of the OMARA are set out in section 316 of the Migration Act 1958.[9] Key objectives are to ensure that:

  • only suitable persons are registered as migration agents, and unsuitable persons are refused registration or re-registration;
  • registered agents maintain appropriate knowledge to enable them to provide accurate advice to consumers;
  • all complaints about the services of registered, or formerly registered migration agents are appropriately addressed and appropriately dealt with by OMARA;
  • the OMARA is a division of the Department of Immigration and Border Protection (The Department). The OMARA is not independent from The Department but is a discrete division of The Department. Both share the same Australian Business Number and are listed as one and then same entity. As such the OMARA disseminates information about migration agents within The Department (to which it belongs)and other bodies such as prosecuting or regulatory authorities to address the activities of agents outside its mandate;
  • consumers understand their rights and their obligations and agents understand their obligations and their rights under the regulatory framework.

Registration requirements

Migration Agents registered before July 2006 were not required to undertake any formal studies. A multiple-choice exam called the MAPKEE was used as the measure of knowledge of immigration rules and procedures. Since then new applicants must either have a current practising certificate as a lawyer or must undertake a Graduate Certificate in Australian Migration Law and Practice.[10]

All registered migration agents are required to complete approved continuing professional development (CPD) each year prior to re-registration.[11] The OMARA also regulates organisations that provide CPD activities to registered migration agents.

In the States of New South Wales, Victoria, Queensland and South Australia, practising lawyers may also apply for accreditation as specialists in Australian immigration law.[12]

Sanctions

The Office has the power to place sanctions on agents who they determine do not act either ethically, honestly, legally or in the best interests of their clients. These sanction can include a caution, registration suspension and cancellation. Registered Agents can appeal sanction decisions which they believe have been made in error by the OMARA.

Similar bodies in other countries

In New Zealand, The Immigration Advisers Authority (IAA) performs a similar function to the OMARA, as does the Office of the Immigration Services Commissioner (OISC) in the United Kingdom and the Immigration Consultants of Canada Regulatory Council (ICCRC) in Canada.

However, in both countries practising lawyers are regulated by their own professional bodies. In the United States, only practising lawyers may perform such functions.

gollark: Possibly *justified* gatekeeping.
gollark: It *is* gatekeeping.
gollark: Well-meaning people can often do stupid things.
gollark: "You are not allowed to have general opinions on things if you do not know about this very specific class of problem"
gollark: OH POTATOS NO

See also

References
  1. Visas and Immigration "Archived copy". Archived from the original on 9 February 2007. Retrieved 9 February 2007.CS1 maint: archived copy as title (link)
  2. Find a registered migration agents "Archived copy". Archived from the original on 3 January 2011. Retrieved 7 May 2010.CS1 maint: archived copy as title (link)
  3. How to choose a registered migration agent "Archived copy". Archived from the original on 3 January 2011. Retrieved 7 May 2010.CS1 maint: archived copy as title (link)
  4. Agent Fees "Archived copy". Archived from the original on 3 January 2011. Retrieved 7 May 2010.CS1 maint: archived copy as title (link)
  5. How to make a complaint "Archived copy". Archived from the original on 3 January 2011. Retrieved 7 May 2010.CS1 maint: archived copy as title (link)
  6. Migration Act 1958, latest compilation
  7. 2007-08 migration advice profession review report at the Department of Immigration website.
  8. Contacting The Office of the MARA "Archived copy". Archived from the original on 3 January 2011. Retrieved 7 May 2010.CS1 maint: archived copy as title (link)
  9. "Migration Act 1958 - section 316". Australasian Legal Information Institute. Retrieved 21 September 2014.
  10. https://www.mara.gov.au/becoming-an-agent/registration-requirements/knowledge-requirements
  11. CPD Requirements Archived 3 January 2011 at the Wayback Machine
  12. Law Society of NSW, Law Institute of Victoria Archived 1 September 2007 at the Wayback Machine, Queensland Law Society, Law Society of South Australia
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