OPERATIONAL REPORTS

• 5212 registered migration agents.
• 367 not-for-profit agents.
• 1673 agents (32.1 per cent) who held a legal practising certificate.
• 474 agents who left the profession, compared with 503 in 2012–13.
• 736 new agents who entered the profession, compared with 599 in 2012–13.
• 4464* agents who continued their registration from the previous year.
• 27 approved continuing professional development (CPD) providers and 411 approved activities.

Under the Authority’s performance standards for processing applications for registration:

Under the Authority’s performance standards for processing applications for registration:

The target key performance indicator for the Registration and Professional Development Section in 2013–14 was to achieve 97 per cent compliance with these standards.

In 2013–14, as a result of the introduction of a new information technology (IT) system and website in November 2013, the Authority fell below the performance standards for finalising complete applications for repeat registration:

Table 2 shows the number of initial and repeat registration applications received, approved, refused or otherwise finalised in 2013–14.

Table 2: Number of initial and repeat registration applications, 2013–14

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Initial registration applicants

On 1 July 2012, as a result of amendments to the Migration Agents Regulations 1998, a legislative English language requirement was introduced for all initial applicants.

The requirement is the achievement of an International English Language Testing System (IELTS) academic overall score of 7.0 with minimum scores of 6.5 in each module (reading, listening, speaking and writing) or a Test of English as a Foreign Language (TOEFL) overall score of 100 with a minimum score of 22 in each module.

Applicants who hold an Australian legal practising certificate are exempt from this requirement, as are those who meet the defined educational pathways.

Of the initial applicants who lodged an application in 2013–14:

In addition:

Repeat registration applicants

On 5 December 2013 the Assistant Minister for Immigration and Border Protection removed the English language proficiency requirement for re-registering migration agents that was to come into effect on 1 January 2014. The removal of this requirement has resulted in considerable savings for many registered migration agents.

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In 2013–14, 13 applications for registration were refused compared with 10 in 2012–13. Nine of these were initial registration applications and four were repeat registration applications. Of the 13 refused applications:

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During 2013–14 two applicants whose registrations were refused sought review by the Administrative Appeals Tribunal. In both cases the applications were refused because the applicant did not meet the English language requirement for initial registration. The Administrative Appeals Tribunal finalised one case with dismissal by consent. The other application for review remained before the tribunal as at 30 June 2014.

In addition, the Administrative Appeals Tribunal finalised a case that resulted from a refusal decision made in the previous financial year. The refusal decision was initially made as the applicant was not considered a fit and proper person to provide immigration assistance. The tribunal affirmed the initial decision. The applicant has lodged an appeal to the Federal Court.

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Under the TTMR Act, immigration advisers who hold full or limited licences with the New Zealand Immigration Advisers Authority (NZIAA) are recognised by the Authority. Similarly, Australian-registered migration agents are recognised by the NZIAA.

As at 30 June 2014, 18 New Zealand licensed immigration advisers were registered in Australia under the TTMR Act. The NZIAA advised that, as at 30 June 2014, 121 Australian-registered migration agents were registered in New Zealand under the Trans-Tasman Mutual Recognition Act 1997 (NZ).

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The Authority is authorised under s. 316(b) of the Migration Act to ‘monitor the conduct of registered migration agents in their provision of immigration assistance and of lawyers in their provision of immigration legal assistance’ and under s. 316(g) of the Act to ‘monitor the adequacy of any Code of Conduct’.

In 2013–14 the Authority conducted a number of activities to monitor the conduct of registered migration agents. These activities included:

The Authority contacted agents who were found to have serious deficiencies in their practices and instructed them to rectify issues of concern. Practice guides have also been developed so that all registered migration agents can benefit from the knowledge gained.

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When approving CPD activities the Authority takes into consideration how each activity will contribute to enhancing the professionalism of migration agents with regard to their knowledge, skills and ethical values.

In 2013–14, seminars remained the most popular CPD activity type, comprising 38 per cent of all CPD points reported. Distance learning was the next most popular CPD activity type, comprising 19.8 per cent of all points reported.

During 2013–14, the Authority approved seven new CPD providers and 210 new CPD activities.

Table 3: Continuing professional development activities, 2013–14

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The Authority’s CPD quality assurance framework aims to ensure that CPD activities provided to registered migration agents remain at a high standard. Approved providers must abide by the CPD Approved Provider Standard Conditions, including the requirement to obtain and analyse feedback from participants on whether the objectives of that activity were met.

The Authority evaluated 147 CPD activities throughout 2013–14. Evaluations comprised attendance at CPD events by the Authority and direct feedback from participants. Each evaluation attended by the Authority entailed giving written feedback to the relevant provider, with a focus on maintaining and enhancing the high standard of approved activities. Participant feedback surveys provided insight to the Authority on agent preferences and experiences within a range of CPD activity subjects and delivery modes.

The Authority conducted reviews of four CPD providers to assess their observance of the CPD Approved Provider Standard Conditions.

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