How to become a migration agent in Australia?
A migration agent in Australia provides advice and assistance to people pursuing to enter or stay in Australia. They consult with individuals and families who a
How to become a migration agent in Australia?
To become registered as a migration agent in Australia, you must meet the requirements specified in the Migration Agents Registration Act (1998) (MARA). These include things such as establishing residence and obtaining a work permit. You must also hold professional indemnity insurance and not engage in activities requiring practice as a migration agent unless engaged in those activities with another person who is engaging in them only while under your supervision. For more information, visit the website of the Australian Migration Agents Registration Authority (MARA).
Are there any grounds for me to object to my application?
Yes, if after making an application and during its consideration, it comes to the attention of MARA that you suffer from a physical or mental condition that would prevent you from properly carrying out the functions of becoming an migration agent, then MARA may decide to give written notice of this. If it comes to their attention that you have been charged with an offense against Commonwealth, State, or Territory law within the past five years for which there is a prima facie case that you are not 'of good character', then MARA may also give written notice of this.
Can I be registered if I'm subject to bankruptcy restrictions?
No. As provided in regulation 6(1)(e) only individuals who are considered by the Registrar, having regard to all relevant circumstances, not to beatable can be registered as RMA.
Can I be registered as a Migration Agent if I have been party to a criminal investigation?
No. Regulation 4(1)(c) provides that only individuals who are considered by the Registrar, having regard to all relevant circumstances, not be susceptible can be registered as RMA. For further information about this regulation see the question "What types of conditions on a registration may MARA impose?".
How does an RMA's registration lapse?
Registration will lapse when there is no longer in force in relation to the registrant any professional indemnity insurance or if he/she does not hold an approved qualification. Regulation 6(2). However, it is at the discretion of the Registrar whether to cancel your registration when these circumstances arise.
Can I be registered as a Migration Agent if I am under 18 years of age?
No. Regulation 7(1)(d) provides that only individuals who are considered by the Registrar, having regard to all relevant circumstances, not be capable of being registered as RMA. For further information about this regulation see the question "What types of conditions on a registration may MARA impose?".
Can I be de-registered for non-payment of my annual registration fee?
The legislation does not give the Registrar the power to deregister an RMA for non-payment of annual registration fees without giving him/her written notice and allowing him/her an opportunity to make submissions in law and fact or mitigation before making a final decision.
What types of conditions on registration may MARA impose?
The following are the prescribed types of conditions which may be imposed by the Registrar on an RMA's registration: · A condition that he/she holds professional indemnity insurance for a specified period not exceeding four years or until any action arising from an incident which gave rise to ASIC taking proceedings against him/ her is finally determined, whichever occurs first; and · A condition that he/she does not engage in activities requiring practice as an RMA unless engaged in those activities with another person who is engaging in them only while under the supervision of that individual.
A condition that he/she practices only in particular locations or within a specified radius from premises specified by MARA, and · A condition that he/she does not act as an agent for unregistered migration assistance providers, and · A condition that he/she must co-operate with any investigation or examination of his/her affairs undertaken by the Registrar. Regulation 8(2).
Can I appeal against my deregistration?
No, you cannot appeal against your deregistration. However, if you are considering lodging an application for review of a decision made under section 57 or 58 of the MRT Act then before doing so please see our page on "Reviews".
Further information about registering as a Migration Agent is available on this website.