As some of you know, some of our agents can no longer be found on the MARA Register. This is simply as a result of new legislation that came into force on 22nd March 2021.
Please be assured that it’s business as usual at Austral. The main points you need to know are:
- Australian lawyers have been removed from the regulatory scheme of OMARA, however they have been and continue to be allowed to submit Australian visa applications
- This does not mean that immigration lawyers are restricted/ less competent in providing migration services
- For existing clients, your lodged applications are not affected by the removal of John’s MARN
- You may verify our lawyers’ LPN through the Australian Legal Profession Register
- In effect, this change only means that lawyers are no longer bound by dual regulation. Instead, they are only subject to the relevant State/ Territory legal professional body (removes red tape)
The New Legislation
On 15th June 2020, the Australian government put into motion the removal of unnecessary dual regulation for a large section of legal practitioners operating in the migration advice industry. This change, celebrated and welcomed by many immigration lawyers, took effect on 22nd March 2021.
The change is as a result of the Migration Amendment (Regulation of Migration Agents) Act 2020, which requires the removal of lawyers from the regulatory scheme administered by the Office of Migration Agents Registration Authority (OMARA).
Lawyers would instead be regulated only by the relevant State or Territory legal professional body, and be able to provide immigration assistance without being a registered migration agent (RMA).
Therefore, as of 22nd March 2021, a large section of immigration lawyers would no longer be found on the MARA register. They would instead be verified through their Australian Legal Practitioner Number* (LPN).
How Dual Registration Used To Be
For nearly 30 years, lawyers registered in Australia who wished to provide immigration assistance were subject to the regulatory framework of OMARA, in addition to being subject to extensive legal education, training and ethical standards.
Many from the legal fraternity resisted the regulation from OMARA due to the unnecessary double regulation, burdensome extra cost to maintain their MARA registrations and more pertinently, limiting the resources available to vulnerable groups in need of migration advice.
How Current Registration Is Beneficial To Our Clients
- Clarity – The existence of separate registers for lawyers and migration agents makes it easier to determine the range of service they are equipped to provide.
- Increased choice – Clients are no longer bound to approach only MARA agents for migration assistance. Unrestricted legal practitioners can now provide immigration assistance with no limitations.
- Increased competition for high quality services – A wider pool of lawyers benefit clients as it increases competition for better services provided.
- Disciplinary procedures simplified – When a complaint is lodged by a client
, the essence of the complaint no longer needs to be scrutinized between ‘immigration advice’ (governed by OMARA) and ‘immigration advice’ (governed by the relevant legal services regulator).
- Strengthened consumer protection – the confusion brought about by the nuances of lawyer versus migration agent has been a known deterrence for consumers to seek recourse for malpractice. This new change provides clear direction for clients to escalate their complaints and seek justice.
How Will This Affect Clients?
The main takeaway for our clients should be: It’s business as usual at AMC!
As a firm, our operations are not affected and neither should your confidence in us. We will continue to offer quality service and assistance that suit your migration applications and concerns.
In a nutshell, from a client’s perspective, the only tangible differences for your migration application are the following:
- ONE changed form: Form 956 for appointing a third party
- Verification of appointed person
We look forward to assisting you with your application soon!
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