Inquiry into efficacy of current regulation of Australian migration – report released
The Joint Standing Committee on Migration has also released the report from the Inquiry into the Efficacy of Current Regulation of Australian Migration Agents, today, 21 February 2019.
Interestingly, many of the recommendations made in the report relate to education agents and could have far reaching ramifications for that industry, if adopted.
Although not going so far as to recommend that applications only be accepted from registered migration agents, the Committee has recommended that a statutory authority, the Immigration Assistance Complaints Commissioner be established, with the powers to prosecute unregistered practice and impose sanctions, fines, costs and refund or compensation.
Recommendations
Recommendation 1
The Committee recommends that the Australian Government, in consultation with relevant migration agent peak bodies, undertake a review of the current registration requirements for migration agents, having regard to:
- the effectiveness of the current registration requirements;
- technical proficiency through education;
- English proficiency;
- peer assessment;
- issuing of a practicing certificate;
- regulation by legal bodies; and
- changing migration agent nomenclature.
Recommendation 2
The Committee recommends that all new migration agents be required to complete a period of supervised practice prior to being granted an unrestricted practice certificate.
Recommendation 3
The Committee recommends that the Australian Government amend the Migration Act 1958 to establish a statutory authority, the Immigration Assistance Complaints Commissioner with the following powers:
- resolving complaints about immigration services;
- detecting, deterring, disrupting, investigating and prosecuting unregistered practice;
- imposing sanctions or fines and/or ordering the payment of costs, payment of refund or compensation;
- publishing registered migration agent performance data;
- educating people and immigration business and agents about the best ways to handle complaints and the issues they raise; and 6. providing
information to the Minister in relation to any of the Complaints Commissioner’s functions, if requested.
Recommendation 4
The Committee recommends that the Immigration Assistance Complaints Commissioner, in consultation with practising registered migration agents, publish information on the pricing arrangements of migration agents.
Recommendation 5
The Committee recommends that the Australian Government establish an education agent register which contains information on the performance of education agents operating in Australia and overseas. The register should include information on whether the education agent has been sanctioned, suspended or had their written agreement with an education provider cancelled.
Recommendation 6
The Committee recommends amending the National Code of Practice for Providers of Education and Training to Overseas Students 2018 to require registered training organisations verify that education agents meet the following requirements prior to entering into a written agreement with each education agent that formally represents their education services:
- completion of a Government authorised education agent training course;
- obtain a IELTS 7 Academic or TOEFL result of 94;
- undergo a National Police Check with the Australian Federal Police;
- not have had their written agreement cancelled in the past 5 years.
Recommendation 7
The Committee recommends amending the National Code of Practice for Providers of Education and Training to Overseas Students 2018 to require registered training organisations to review written agreements with their education agents annually to ensure that education agents complete an appropriate number of professional development activities each year.
Recommendation 8
The Committee recommends that the Australian Government introduce a sanction structure using a demerit point system for any education agent found to have breached the Education Services for Overseas Students Act 2000, National Code of Practice for Providers of Education and Training to Overseas Students 2018, or Migration Act 1958.
Recommendation 9
The Committee recommends that Electronic Travel Authority (subclass 601) visa holders that lodge a valid protection visa application have their application fast-tracked by the Department of Home Affairs.
Recommendation 10
The Committee recommends the Migration Act 1958 be amended to grant the Immigration Assessment Authority the power to review fast tracked valid protection visa applications lod ged by Electronic Travel Authority visa holders.
The full report is available here
Visa Cancellations Review Processes Inquiry – Report released
The report from the Joint Standing Committee on Migration Review Processes associated with Visa Cancellations made on Criminal Grounds inquiry has been tabled in Parliament today, 21 February 2019.
The report makes six recommendations that include:
- extending the timeframe for visa holders to respond to NOIC to 14 days
- review of resourcing and processes surrounding revocation of mandatory cancellation, in an effort to reduce decision times to three months maximum
- revision of Ministerial Directions 65 and 63 to include provisions allowing the special historic immigration status of NZ citizens to be a secondary consideration in character cancellations, although not in the cases of serious violent or sexual criminal convictions
- revision of Ministerial Directions 65 and 63 to create a distinction between serious violent offending and other offending, and in line with the Strengthening the Character Test Bill 2018 provisions on serious violent offending
- providing victims of crime or their families the opportunity to make written or oral statements as part of the AAT appeals process
- allowing all young people living permanently in Australia and who have completed four years of their higher education in Australia, be eligible for access to student loans through HELP
