Migration Agents

Do I need to use a migration agent to help with my application?

You are not required, by law, to use a migration agent to help with your application.

The Department provides a series of booklets that are designed to assist people who wish to apply for migration or temporary residence visas. The booklets include application forms and are available online or from any regional office of the department.

However, in the event that you may wish to seek help, a list of registered migration agents is available from the Migration Agents Registration Authority (MARA).

Under law, a person providing immigration assistance in Australia must be registered.

You can contact the MARA at PO BOX Q1551, QVB, NSW, 1230 Australia, Tel: (02) 9229 5446, Fax: (02) 9299 8448 or visit their website at http://www.themara.com.au/.

How much will the services of a migration agent cost?

There is no statutory scale of fees. However, a migration agent is expected to set and charge a fee that is reasonable in the circumstances of the case.

A migration agent must before starting work for a client, give the client:

• an estimate of fees and charges for each hour or each service;

• and estimate of the time likely to be taken in performing a service;

• written confirmation of the terms of the service to be rendered; and

• written notice of any material change to the estimated cost of providing a service and the total likely cost because of the change.

A migration agent should if possible also obtain written acceptance by the client of the terms of the work to be done.

You can obtain more information from the Migration Agents Registration Authority (MARA) Code of Conduct available on the MARA website at www.themara.com.au.

How do I compliment/complain about a migration agent?

You can write a letter or fill in a complaint form. Complaint forms are available from any regional office of the Department or may be obtained by contacting the MARA or from their website.

You can contact the Migration Agents Registration Authority (MARA) at:

PO Box Q1551, QVB, NSW 1230, Australia, Tel: (02) 9229 5446, Fax: (02) 9299 8448,or visit the website at www themara.com.au.

Who can be a migration agent?

Anyone who uses knowledge of migration procedures to offer advice or assistance to a person wishing to obtain a visa to enter or remain in Australia must register as an agent with Migration Agents Registration Authority (MARA). This includes:

• lawyers;

• people who work for voluntary organisations and provide their advice free of charge;

• giving assistance to people who are nominating or sponsoring prospective visa applicants.

There are penalties ranging up to ten years imprisonment for people who practice in Australia as unregistered agents. Prospective agents are required to meet entry standards to gain registration and to abide by the Code of Conduct, which is contained in the Migration Agents Regulations.

To be registered as a migration agent, you must:

• be over 18 years of age;

• be an Australian citizen or a permanent resident or eligible new Zealand citizen;

• be a person of integrity or be otherwise a fit and proper person;

• hold a degree in law (as prescribed by the Migration Agents Regulations 1998) conferred by an Australian tertiary institution; or

• be admitted as a barrister or solicitor to the High Court of Australia or the Supreme Court of a State or Territory; or

• possess a sound knowledge of migration law and procedure. (Sound knowledge can be demonstrated by a pass in the examination conducted by the MIA or successful completion of a course of study in migration law and procedures that is recognised by MARA.)

In addition:

• anyone who wishes to register as a migration agent must publish a notice of intention to register in certain daily newspapers; and

• all agents who wish to continue practising are required to meet continuing professional development criteria

What is the role of the Migration Agents Registration Authority (MARA)?

MARA undertakes a range of functions:

• processing applications for initial registration and renewal of registration of people providing immigration assistance;

• administering an enhanced complaints handling mechanism, including discretionary referral to mediation of parties to a complaint; and

• imposing disciplinary sanctions on migration agents for unethical practice, including enhanced powers to allow for the discretionary referral of complaints to the relevant professional bodies of agents who are also lawyers.

You can contact MARA at PO Box Q1551, QVB, NSW, 1230 Australia, Tel: (02) 9229 5446, Fax: (02) 9299 8448, or visit their website at http://www.themara.com.au/

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