Migration Agents Registration Authority

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The Migration Agents Registration Authority (MARA) is an Australian organisation that registers and monitors Migration Agents.

1 Overview
2 Purpose
3 Functions
4 Registration requirements
5 Sanctions
6 Similar bodies in other countries
7 References
8 See also
9 External links

[edit] Overview

To migrate to Australia, one needs a visa ^[1] issued by DIAC (formerly DIMIA, formerly DIMA). Knowing which visa to complete, and completing it, can be difficult for some people. A migration agent may be able to help you with that.

Under Australian law (Migration Act 1958^[2], Part 3) any person who gives what is called "immigration assistance" must in most cases 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.

The legislation appoints an organisation called the Migration Institute of Australia Limited (MIA) to function as the Migration Agents Registration Authority (MARA) which is 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 register can be accessed on the internet^[3].

[edit] Purpose

The MARA can help you find an agent^[4]^[5] and provide advice about fees^[6] that agents might charge. They may also be able to help if you have a dispute with an agent or a complaint about an agent.^[7]

According to their website www.themara.com.au, the Migration Agents Registration Authority is a division of The Migration Institute of Australia Limited (MIA). Although they are not a government body, they were appointed by the federal government under a statutory self-regulation scheme in 1998 under section 316 of the Migration Act.^[8]

They are located in Sydney^[9], but operate nationally.

[edit] Functions

Registering migration agents (it is against the law to operate as a migration agent in Australia if not registered).^[10]

Overseeing the Graduate Certificate course for entry into the profession.^[11]^[12]

Administering a scheme of continuing professional development (CPD) that ensures that migration agents keep their knowledge up to date.^[13]

Monitoring the conduct of agents. Registered Migration Agents must conform to a Code of Conduct^[14]. Complaints against agents may be lodged with the MARA.^[15]

Investigating complaints about possible breaches of the Migration Agents Code of Conduct.^[16]^[17]^[18] The code has mandatory standards of ethics and professionalism for registered migration agents.

[edit] 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 one semester course called the Graduate Certificate in Australian Migration Law and Practice.^[19] There is no requirement for newly registered agents to work for a period of time under supervision. The first two digits of an agent's seven-digit registration number give the year that the agent became registered.

All registered migration agents are required to complete continuing professional development each year prior to re-registration.

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.^[20]

[edit] Sanctions

The Authority 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.

Since 1998 over 18 per cent of the MARA’s sanction decisions have been against lawyer agents with a legal practising certificate. This percentage is overrepresentative to the number of lawyers who are registered migration agents^[21].

[edit] Similar bodies in other countries

In the United Kingdom the Office of the Immigration Services Commissioner (OISC) performs a similar function to the MARA, as does the Canadian Society for Immigration Consultants (CSIC) 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.