Migration Agents Registration Authority
Encyclopedia
The Office of the Migration Agents Registration Authority (Office of the MARA) is an Australian Government authority that 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 and represent them in dealings with the Department of Immigration and Citizenship.
The Office also assists people to find a migration agent, provide advice about fees that agents might charge and assist with making complaints about agents.
Under Australian law (Migration Act 1958, 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, the Minister for Immigration and Citizenship, Senator Chris Evans, announced new arrangements to govern migration agents. Under these new arrangements, the Office of the MARA, 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 Office of the MARA is a discrete office attached to the Department of Immigration and Citizenship. It is led by a Chief Executive Officer who reports directly to the Secretary of the Department. They are located in Sydney
, but operate nationally.
• 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
• the Office of the MARA works collaboratively with the department and other bodies such as prosecuting or regulatory authorities to address the activities of agents outside its mandate
• consumers understand their rights and agents understand their obligations under the regulatory framework.
All registered migration agents are required to complete approved continuing professional development (CPD) each year prior to re-registration. The Office of the MARA 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.
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.
(OISC) performs a similar function to the MARA, as does the Canadian Society of 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.
Department of Immigration and Citizenship (Australia)
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
by using their knowledge of Australian visas
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
and immigration law
Immigration law
Immigration law refers to national government policies which control the phenomenon of immigration to their country.Immigraton law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship...
to complete necessary visa applications and represent them in dealings with the Department of Immigration and Citizenship.
The Office also assists people to find a migration agent, provide advice about fees that agents might charge and assist with making complaints about agents.
Under Australian law (Migration Act 1958, 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, the Minister for Immigration and Citizenship, Senator Chris Evans, announced new arrangements to govern migration agents. Under these new arrangements, the Office of the MARA, was established on 1 July 2009. Previously, the legislation appointed an organisation called the Migration Institute of Australia
Migration Institute of Australia
The Migration Institute of Australia is the peak body representing Australian Registered Migration Agents and other migration advice professionals.-Structure:...
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 Office of the MARA is a discrete office attached to the Department of Immigration and Citizenship. It is led by a Chief Executive Officer who reports directly to the Secretary of the Department. They are located in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, but operate nationally.
Functions
The functions of the Office of the MARA are set out in s316 of the Migration Act 1958. 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
• the Office of the MARA works collaboratively with the department and other bodies such as prosecuting or regulatory authorities to address the activities of agents outside its mandate
• consumers understand their rights and agents understand their obligations 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 charted accountant or must undertake a Graduate Certificate in Australian Migration Law and Practice.All registered migration agents are required to complete approved continuing professional development (CPD) each year prior to re-registration. The Office of the MARA also regulates organisations that provide CPD activities to registered migration agents.
In the States of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
and South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
, practising lawyers may also apply for accreditation as specialists in Australian immigration law.
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.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.
Similar bodies in other countries
In the United Kingdom the Office of the Immigration Services CommissionerOffice of the Immigration Services Commissioner
The Office of the Immigration Services Commissioner is the United Kingdom regulator of the immigration advice industry whose powers stem from the Immigration and Asylum Act 1999.-OISC immigration advisers:...
(OISC) performs a similar function to the MARA, as does the Canadian Society of Immigration Consultants
Canadian Society of Immigration Consultants
The Canadian Society of Immigration Consultants was an independent, not-for-profit, self-regulatory body for immigration consultants. It was incorporated on 8 October 2003 and became law from 1 April 2004...
(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.
See also
Immigration to AustraliaImmigration to Australia
Immigration to Australia is estimated to have begun around 51,000 years ago when the ancestors of Australian Aborigines arrived on the continent via the islands of the Malay Archipelago and New Guinea. Europeans first landed in the 17th and 18th Centuries, but colonisation only started in 1788. The...
Department of Immigration and Citizenship (Australia)