OPERATIONAL REPORTS

• As at 30 June 2011, there were 4465 registered migration agents.
• There were 277 not-for-profit agents.
• There were 1264 agents (28.3 per cent) with a legal practising certificate.
• 630 agents left the profession during the year, compared with 564 in 2009–10.
• 485 new agents entered the profession during the year, compared with 831 in 2009–10.
• 3972 agents continued their registration from the previous year.

The Office of the MARA’s target is to achieve the following performance standards for processing applications for registration:

In 2010–11, the Office of the MARA consistently met or exceeded the performance standards for finalising complete applications:

Table 2 shows the number of initial and repeat registration applications received, approved, refused or otherwise finalised in 2010–11. Invalid applications are not included in Table 2. An invalid application occurs where a fee was paid and a valid application was not received, or insufficient fees were paid. In these circumstances the fees are returned to the payee.

Table 2: Number of initial and repeat registration applications, 2010–11

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People wanting to register as a migration agent for the first time must satisfy a number of registration requirements to be suitable for registration. Some of the specific requirements for initial registration are:

In addition, the names of applicants and their intention to apply for registration are published on the Office of the MARA’s website for a period of at least 30 days before the application can be decided. This provides members of the public with an opportunity to object, or make submissions about, the applicant’s intended registration.

Definitions for these terms and a full list of requirements are included in the Policy and Procedures Manual which is available on the Office of the MARA’s website at www.mara.gov.au.

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The number of new agents joining the profession in 2010–11 was 485, a decrease of 37.2 per cent. This is consistent with a significant reduction in initial applications received from 773 in 2009–10 to 526 in 2010–11 (see Table 3).

It was reported in the 2009–10 annual report that 603 of the 773 applications in 2009–10 were received during the first six months of that financial year (that is, before the introduction of the higher English language proficiency standard on 1 January 2010). The universities offering the Graduate Certificate in Australian Migration Law and Practice have reported a reduction in enrolment numbers and this—combined with the economic climate—could be a factor in the reduction in the number of people seeking to join the profession in 2010–11.

Table 3: Number of initial registration applications received, 2001–02 to 2010–11

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Since 1 January 2010, all applicants for initial registration have been required to demonstrate English proficiency equivalent to an International English Language Testing System (IELTS) score of 7 in the academic module, with a minimum score of 6.5 in each of the four components—reading, writing, speaking and listening. A number of alternatives to the IELTS test are available for applicants, including:

Up to 2010, the English requirement for initial applicants could be met by achieving a score of 6 in the general module of the IELTS test, or by meeting one of a very broad range of alternatives.

In 2010–11, the majority of new agents met the English requirement by providing evidence that they are an Australian legal practitioner (44 per cent) or that they achieved the required IELTS or TOEFL test scores (23 per cent). A further 20 per cent met the requirement through their educational backgrounds. The remaining new agents were approved on discretionary grounds. One application was refused on the basis of not having an acceptable level of English language proficiency.

The policy has been administered fairly and flexibly, and where necessary applicants have been given additional opportunities to provide evidence of their English language proficiency.

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Registration must be renewed every year. The number of repeat registration applications approved in 2010–11 was 4034, compared with 3726 in 2009–10.

Repeat registration applicants are subject to a number of requirements specific to repeat registration. These include:

Since January 2010, a streamlined process has been available to re-registering agents. Partial online registration, which involves the automated pre-population of significant agent information, has simplified the re-registration process.

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The 2007–08 Review of Statutory Self-Regulation of the Migration Advice Profession recommended that initial and repeat applicants for registration be required to prove that they have English language proficiency of at least an IELTS score of 7. This followed concerns regarding the capacity of all registered migration agents to communicate in English at a standard that would result in a consistently high level of service for consumers.

In June 2011, a one-off requirement to demonstrate English proficiency was announced for repeat registration applicants. Agents whose registration expires on or after 1 January 2014 will need to meet the new standard when applying to continue their registration beyond that date. The implementation of this requirement is an important step in increasing the standing and credibility of the profession and improving consumer protection.

The government has decided that the standard will be an IELTS score of 7 in the general module (with minimum scores of 6.5 in each component) or an internet-based TOEFL score of 100 (with minimum scores of 22 in each component). There will also be a number of specified exemptions.

It is anticipated that two-thirds of existing agents would not need to sit an English language test to demonstrate their proficiency in English. This includes those who may gain an exemption based on holding an Australian legal practising certificate (about 27 per cent of agents). A further 40 per cent may gain an exemption based on their education in specified English-speaking countries or their IELTS or TOEFL score from their initial registration application before 2014.³

The new requirement will not be implemented immediately in order to provide agents who may not currently be able to meet the required standard a significant amount of time to improve their English proficiency.

There is concern from some sectors of the profession about the extension of the English language standard to existing registered migration agents. An impact study on the new English requirement was undertaken in mid-2010. The information obtained through the study was used to inform transitional arrangements for the implementation of the recommendation.

A majority of migration agents view the introduction of an English language requirement for repeat registration as having a positive impact, and believe it will improve service standards and professionalism.⁴

Full details of this standard and exemptions are available on the Office of the MARA’s website at www.mara.gov.au.

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In 2010–11, eight repeat applications were refused, compared with nine in 2009–10. Of these:

• one was refused because the applicant had not completed continuing professional development
• one was refused because the applicant’s registration had been previously cancelled
• one was refused because the applicant had been refused registration in the past 12 months
• four were refused on the basis of ‘not being a fit and proper person’—matters include convictions, failure to declare convictions and bankruptcy
• one was refused on the basis of not having an acceptable level of English language proficiency.

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The number of agents with a current or expired legal practising certificate was 1264 on 30 June 2011, compared with 1185 on 30 June 2010. As at 30 June 2011, this number represents 28.3 per cent of all registered migration agents.

The Office of the MARA maintains details of agents with a legal practising certificate, as the qualification is material to both initial and repeat registration as well as continuing professional development requirements.

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Immigration advisers who are licensed with the New Zealand Immigration Advisers Authority (IAA) come under the Trans-Tasman Mutual Recognition Act 1997 (the TTMR Act). The TTMR Act recognises the regulatory standards adopted in New Zealand for equivalent registered occupations and enables the registration of New Zealand’s licensed immigration advisers in Australia. The New Zealand IAA licenses both New Zealand citizens and overseas advisers.

As at 30 June 2011, five New Zealand licensed immigration advisers were registered in Australia under the TTMR Act. The New Zealand IAA advised that as at 30 June 2011, 101 Australian registered migration agents were registered in New Zealand under the TTMR Act.

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The Office of the MARA has continued to audit compliance with the migration agents Code of Conduct during the re-registration process. Auditing may include the following:

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Australian legal practitioners on the register

From 1 February 2011, the online register of migration agents has displayed which registered migration agents are also Australian legal practitioners. This change was supported by the advisory board to the Office of the MARA and is in response to a request from the Law Council of Australia.

In addition to displaying the information for each Australian legal practitioner, the ‘Find an Agent’ function on the Office of the MARA’s website was updated so that searches may be performed on this criterion.

Linkages from the Office of the MARA’s website to the websites that list accredited specialists in immigration law will also be provided in the near future. The Law Society of New South Wales, the Law Society of Queensland, the Law Society of South Australia and the Law Institute of Victoria operate the Specialist Accreditation Scheme for Immigration Law to help the general public identify Australian legal practitioners who have demonstrated specialist skills, experience and proficiency in immigration law.

Improvements to registration applications

The Office of the MARA has put in place processes to manage the registration applications of agents, both efficiently and with integrity. Significant efforts were made to improve forms and to provide information to assist with the completion of registration applications. During the program year, application forms were improved by:

Although a statutory declaration is no longer part of the application form, it is a serious offence to provide false or misleading information to a Commonwealth entity and penalties apply.

Improvement to list of applicants for registration

The list of people who have applied for registration is published on the Office of the MARA’s website to provide an opportunity for the public to give reasons why an individual should not be registered as a migration agent. This list is published in accordance with regulation 4(6) of the Migration Agents Regulations 1998. The search facility and layout of this information on the website was improved during the program year.

Client monies

The Office of the MARA commenced a project during the latter part of the year to review the handling of client monies by registered migration agents. The purpose of the review is to:

Workshops were held with a range of registered migration agents in June 2011 to seek agents’ views on the issues they faced and the potential tools that would assist them with their handling of client monies. Feedback at the workshops was extremely positive and the contribution of all the agents who participated was much appreciated.