The Office of the Migration Agents Registration Authority (OMARA) is an Australian Government authority that registers migration agents and regulates the Migration Agents profession. Migration agents assist people to migrate to

Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...

by using their knowledge of Australian visas and

immigration law Immigration law refers to the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although ...

to complete necessary visa applications and represent them in dealings with the

Department of Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministr ...

(previously the

Department of Immigration and Citizenship The Department of Immigration and Citizenship (DIAC) was an Australian government department that existed between January 2007 and September 2013, that was preceded by the Department of Immigration and Multicultural Affairs and was su ...

), the Tribunals, The Minister, Federal Courts and High Courts of Australia. The Office also assists people to find a migration agent, provide advice about fees that agents might charge and assist with making complaints about agents. Under Australian law (

Migration Act 1958 The ''Migration Act 1958'' (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and pr ...

, Part 3) any person who gives "immigration assistance" must usually be a Registered Migration Agent. The term "immigration assistance" is defined in section 276 of the Act to cover using, or purporting to use, knowledge of or experience in migration procedure to advise or assist various people with visa applications and related sponsorships, appeals, etc. On 9 February 2009, after a review, the Minister for Immigration and Citizenship, Senator Chris Evans, announced new arrangements to govern migration agents. Under these new arrangements, the OMARA was established on 1 July 2009. Previously, the legislation appointed an organisation called the Migration Institute of Australia Limited (MIA) to function as the Migration Agents Registration Authority (MARA), which was charged with maintaining a register of migration agents and carrying out a variety of functions under the Act in relation to supervision and discipline of agents. The OMARA is a discrete office which is part of the Department of Home Affairs. They are located in

Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mounta ...

, but operate nationally.

Functions

The functions of the OMARA are set out in section 316 of the

. Key objectives are to ensure that: * only suitable persons are registered as migration agents, and unsuitable persons are refused registration or re-registration; * registered agents maintain appropriate knowledge to enable them to provide accurate advice to consumers; * all complaints about the services of registered, or formerly registered migration agents are appropriately addressed and appropriately dealt with by OMARA; * the OMARA is a division of the Department of Immigration and Border Protection (The Department). The OMARA is not independent from The Department but is a discrete division of The Department. Both share the same Australian Business Number and are listed as one and then same entity. As such the OMARA disseminates information about migration agents within The Department (to which it belongs)and other bodies such as prosecuting or regulatory authorities to address the activities of agents outside its mandate; * consumers understand their rights and their obligations and agents understand their obligations and their rights under the regulatory framework.

Registration requirements

Migration Agents registered before July 2006 were not required to undertake any formal studies. A multiple-choice exam called the MAPKEE was used as the measure of knowledge of immigration rules and procedures. Since then new applicants must either have a current practising certificate as a lawyer or must undertake a Graduate Certificate in Australian Migration Law and Practice. All registered migration agents are required to complete approved continuing professional development (CPD) each year prior to re-registration. The OMARA also regulates organisations that provide CPD activities to registered migration agents. In the States of

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

, Victoria,

Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , establishe ...

and

South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest o ...

, practising lawyers may also apply for accreditation as specialists in Australian immigration law.Law Society of NSWLaw Institute of Victoria

Queensland Law SocietyLaw Society of South Australia
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Sanctions

The Office has the power to place sanctions on agents who they determine do not act either ethically, honestly, legally or in the best interests of their clients. These sanction can include a caution, registration suspension and cancellation. Registered Agents can appeal sanction decisions which they believe have been made in error by the OMARA.

Similar bodies in other countries

In New Zealand, The Immigration Advisers Authority (IAA) performs a similar function to the OMARA, as does the Office of the Immigration Services Commissioner (OISC) in the United Kingdom and the

Immigration Consultants of Canada Regulatory Council , formed = , preceding1 = Canadian Society of Immigration Consultants , headquarters = 5500 North Service Road, Burlington, Ontario L7L 6W6 , minister1_name = Sean Fraser , minister1_pfo = Minister of Immigration, Refugees and Citizenship ...

(ICCRC) in Canada. However, in both countries practising lawyers are regulated by their own professional bodies. In the United States, only practicing lawyers may perform such functions.

References

External links