Migration agents' registration scheme

Contributed by Michael Clothier and Mary-Anne Kenny and current to 1 September 2005

As from 21 September 1992, anyone who uses knowledge of migration procedures to advise, make representations on behalf of, or complete application forms for applicants for entry permits, visas or refugee status must register. This includes voluntary workers and those who provide migration advice free of charge, although these individuals will normally be exempt from paying the registration fee (currently set at over $1000 per year for agents).

Migration agents must obey a Code of Conduct, which outlines the ethical standards and competencies expected of migration agents, as well as the penalties for noncompliance. The Code must be prominently displayed in a migration agent’s office.

Agents who disobey the Code can be suspended or deregistered by the Migration Agents Registration Authority (MARA). This authority has taken over from the previous government-appointed Migration Agents Registration Board and is a privatised off-shoot of the Migration Institute of Australia. Criminal penalties of up to 10 years’ imprisonment and fines of up to $60,000 apply to individuals who practise as agents without being registered.

The only people who do not need to register are Parliamentarians and their staff, and public servants who give migration advice as part of their duties; importantly this includes staff at Legal Aid Commission WA. Other exemptions apply to staff of foreign missions and international organisations in Australia who are covered by the Privileges and Immunities legislation.

Solicitors and barristers who provide direct or indirect assistance in the completion or lodgement of a visa application, or make direct or indirect representations for an application, or in the preparation of any proceedings before the MRT or the Refugee Review Tribunal, must register. However, lawyers do not need to register when acting in the course of their profession in preparing cases for, or in proceedings before, a court (note that the MRT and the RRT are not “courts” for this purpose).