Migration agent
Statutory definition
Section 275 of the Migration Act 1958 (Cth) provides that a migration agent is a person who is registered under Part 6 of the Act. Part 6 (ss 275–316) establishes the registration scheme for persons who provide immigration assistance.
Section 280(1) provides that a person must not give immigration assistance unless the person is a registered migration agent or a legal practitioner. "Immigration assistance" is defined in s 276 as advising or assisting a person in connection with a visa application, nomination, sponsorship, review, or other migration-related matter.
Explanation
A migration agent is a person registered with the Migration Agents Registration Authority (MARA) to provide immigration assistance in Australia. Registration involves a character check, a knowledge test, and ongoing professional development requirements.
The registration scheme distinguishes migration agents from:
- Legal practitioners — Australian lawyers admitted in a State or Territory may provide immigration assistance without registration as a migration agent
- Exempt persons — certain categories of person may give immigration assistance without charge (for example, family members, members of Parliament, and certain community organisations)
Each registered migration agent is assigned a Migration Agent Registration Number (MARN). The MARN must be displayed in all communications involving the provision of immigration assistance. Clients can verify a MARN on the MARA public register.
The Office of the MARA (OMARA) is the regulatory body responsible for registering and disciplining migration agents. It can suspend or cancel registration for misconduct or incompetence.
How this term is used
The prohibition in s 280 means that a person who charges a fee for immigration assistance without being registered as a migration agent (or admitted as a lawyer) commits an offence. The penalty provisions in Part 6 also apply to unregistered persons who hold themselves out as migration agents.
A registered migration agent acts as the applicant's authorised representative before the Department of Home Affairs. All correspondence and decisions will be directed to the agent if one is nominated. The agent's authority ends when the representation is revoked or the registration lapses.
The equivalent role in Canada is the Regulated Canadian Immigration Consultant (RCIC), registered with the College of Immigration and Citizenship Consultants (CICC).