OMARA and migration agent regulation
Overview
The Office of the Migration Agents Registration Authority (OMARA) is the body responsible for registering and regulating migration agents in Australia. Under s 280 of the Migration Act 1958 (Cth), only registered migration agents (RMAs), Australian legal practitioners, or exempt persons may give immigration assistance — that is, assist a visa applicant or sponsor in immigration matters for fee or reward. An RMA must hold a valid registration and display their Migration Agent Registration Number (MARN) on all communications with clients.
The regulation of migration agents is designed to protect consumers from unlicensed and unqualified providers of immigration assistance. Providing immigration assistance without being registered (or otherwise exempt) is a criminal offence under the Migration Act.
Australian legal practitioners (solicitors and barristers) who provide immigration assistance are regulated by their respective state and territory legal professional bodies, not by OMARA.
Legal basis
- Section 280 — the prohibition on giving immigration assistance except by a registered migration agent, Australian legal practitioner, or exempt person; defines "immigration assistance"
- Section 276 — definitions of "immigration assistance" and related terms
- Section 289 — the obligations of registered migration agents, including obligations to act in the client's interests, maintain professional knowledge, and comply with the Code of Conduct
- Part 3 of the Migration Act 1958 — the full regulatory framework for registration, conduct, and discipline of migration agents
- Code of Conduct for Registered Migration Agents — prescribed under the regulations; sets detailed conduct obligations
How it works
Registration requirements
To become a registered migration agent, a person must:
- Be at least 18 years old and a fit and proper person
- Hold a Graduate Diploma in Australian Migration Law and Practice (or equivalent qualification)
- Pass the Professional Year Programme (for new entrants)
- Maintain professional indemnity insurance
- Pay the registration fee
- Not be barred from registration (e.g., because of a previous deregistration or criminal conviction)
Continuing registration requires completion of continuing professional development (CPD) hours each year and renewal of registration annually.
The MARN
Every registered migration agent is assigned a Migration Agent Registration Number (MARN). Agents must display their MARN prominently on all client communications, advertising, and documents they prepare in their capacity as a migration agent. This allows clients and the Department to verify the agent's registration status.
Immigration assistance — what is covered?
Under s 280, "immigration assistance" includes:
- Preparing, lodging, or presenting applications, petitions, or representations to the Department or the ART
- Giving advice about immigration matters, including advice about visa options and prospects of success
- Asking for a review of a decision
Exempt persons include employees of the applicant's employer who provide assistance as part of their employment, and certain community groups providing free assistance.
Conduct obligations and discipline
Registered migration agents must comply with the Code of Conduct. Key obligations include:
- Acting in the best interests of the client
- Being honest in dealings with clients and the Department
- Maintaining confidentiality
- Accounting properly for client funds
- Not lodging frivolous or vexatious applications
OMARA may sanction agents for breaches of the Code. Sanctions range from a caution to suspension to deregistration. Serious matters may be referred to the police or the Australian Competition and Consumer Commission.
Advertising obligations
Migration agents who advertise their services must comply with the advertising obligations under the Act and the Code of Conduct, including not making misleading claims about prospects of success.