Are you obliged to use a Registered Migration Agent - the clear and definitive answer is no you are not. Applicants are able to manage their own applications and there is a significant amount of information available on the Department of Immigration & Citizenship (DIAC) website (www.immi.gov.au) to assist self managed applicants. Applicants should be warned that while the information covers more common visa subclasses it does not contain all relevant legislation and policy information.
Applicants considering using an agent may do so for various reasons. Applicants may have a straightforward application and may not need an agent. Applicants for simple or complex cases should consider if they are confident enough about their knowledge of immigration legislation and immigration policy to manage their own application or appeal process. Applicants must be prepared to invest their time to research immigration law and policy as it relates to their circumstances and intended visa application - applicants must be able then to interpret and understand the law as it applies to their case. It is not just legislation but also Departmental policy that can affect a decision. Migration Agents will have access not only to migration legislation but also Departmental policy (known as Procedures Advice Manual (PAM)) - the policy that officers use to assess your application based on legislation and your circumstances. If you have concerns about managing your own application you may wish to consider using a registered migration agent. Agents can also advise about alternative visa options that an applicant may not have considered.
Australian Immigration Law & Taxation Law are the most complex and constantly changing set of laws in Australia. Changes in Immigration Law can have retrospective effect - these types of changes cannot be predicted and may have a negative impact on existing applications or intending applicants. Generally though most changes to Immigration Law are disclosed or known about in advance enabling an agent to advise and forewarn clients or intending applicants of the impact of such changes.
Using our MARA Registered Migration Agent - Australian Migration Agents regulation
Australian migration agents are regulated by the Office of the Migration Agents Registration Authority (Office of the MARA (OMARA)) which is a discrete office attached to the Department of Immigration and Citizenship (DIAC). The functions of the Office of the MARA are set out in s316 of the Migration Act 1958.
Registered MARA migration agents that are based overseas (offshore) or have offices overseas are still regulated by the OMARA.
In Australia persons who give immigration assistance must be registered with the Office of the Migration Agents Registration Authority (Office of the MARA). A registered migration agent is trained to use their knowledge of Australia’s migration legislation, policy and procedures to provide advice and assistance to persons seeking to obtain a visa to enter or remain in Australia. Agents can give assistance to people who are nominating or sponsoring prospective visa applicants.
Appointment of our MARA Registered Migration Agent
If you choose to appoint a Registered Migration Agent this must be done using Form 956
All MARA agents must abide by a legislated Code of Conduct
MARN1065703, Griffith University Brisbane Australia, Award for Academic Excellence (top 5%)
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