In Australia, migration agents must be registered and obey a code of conduct in order to provide immigration assistance or professional services.
Criminal penalties apply for unregistered practices and to those who don’t obey their obligations.
The Office of the Migration Agents Registration Authority (OMARA) registers and regulates migration agents.
OMARA reveals that between 2010 and 2019, 103 migration agents failed to comply with their obligations and faced disciplinary actions.
In 2018 alone, thirty-two migration agents were either 'suspended' or 'barred' from this profession for inappropriate conduct.
Five out of the thirty-two migration agents who faced penalties in the last year alone, only were of Indian-origin.
The authorities found that some of the agents breached the code of conduct, were not found to be 'persons of integrity' and were not fit to give immigration advice or assistance.
Source: Pixabay
Most recently, on 01 March 2019, migration agent Amit Chandwani was barred from this profession for a period of five years.
The authorities investigated four complaints in relation to Mr Chandwani’s conduct and it was was found that he submitted false, misleading and inaccurate information to the Department of Home Affairs in support of various applications.
As of 13 March 2019, this is the list of migration agents who were subjected to disciplinary action between 1 January 2018 to 31 December 2018.
The OMARA provides the following practice guides to assist registered migration agents in meeting their obligations under the Code of Conduct for registered migration agents.
The list of migration agents who faced disciplinary actions in 2018 (Source OMARA website screenshot on 13/03/2019). Source: Supplied
Source: Supplied
Migration Agent obligations under the code
Under the code migration agents have a range of obligations covering:
- interactions with the clients
- fees and charges, record keeping and financial management
- responsibilities toward other agents
- any employees they may have
- the requirement that they respond if a complaint is made against them
Another obligation is to prominently display the Code in the migration agent's office and client waiting area. They are also obliged to provide clients with a copy, if they ask for one.
Check this list before you decide to hire someone as a migration agent.
