26 September 2023

New immigration laws target agents

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Legislative changes to the Migration Amendment (Regulation of Migration Agents) Act 2020 intended to strengthen consumer protections and increase administrative efficiency within the Office of the Migration Agents Registration Authority (OMARA) have come into effect.

Announced by the Assistant Minister for Customs, Community Safety and Multicultural Affairs, Jason Wood the changes expand the definitions of ‘immigration assistance’ and ‘makes immigration representations’.

“These amendments will deter those not registered as migration agents from assisting another person in making such representations to the Minister, and penalties will apply,” Mr Wood said.

“It is in Australia’s best interests to ensure that consumers can have confidence in the advice and services they receive, knowing that it comes from a registered migration agent,” he said.

Mr Wood said that in addition to improving administrative efficiency, the changes would ensure people who needed immigration assistance in relation to visa refusals and cancellations could only receive advice from registered migration agents.

“Visa refusals and cancellations on character grounds are complex matters,” he said.

“Poor advice or representation on these matters can have serious consequences for the individual concerned.”

He said the amendments would better protect vulnerable consumers by ensuring only registered migration agents could lawfully assist them.

Mr Wood said he would continue to work with OMARA and industry stakeholders to ensure a robust regulatory migration advice framework that prevented misconduct and unlawful advice.

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