Quick Due diligence checks when choosing a Migration Lawyer or a non lawyer agent
These are the minimum checks but read the this article in full very carefully
Search theregister extracts of Legal Services Board Victoria. (NOTE: non lawyer agents cannot provide Legal Advice on Migration). Each State Board has its own registry.
Check The Register of Migration Agents. In Australia, migration agents must be registered with the Office of the Migration Agents Registration Authority.
Australian Business Register - provides access to the publicly available information provided by businesses when they register for an Australian Business Number (ABN)
Suggested questions to ask when choosing a migration agent;
Are you a (Australian) lawyer who holds a current Australian legal practicing certificate? (not all agents are lawyers ).For eg: Search theregister extracts of Legal Services Board Victoria under the name. (NOTE: non lawyer agents cannot provide Legal Advice on Migration)
Are you registered with the Migration Agents Registration Authority (MARA)?
Only deal with is a registered migration agent, whether in or out of Australia.
Do you have a trust account for client monies with an approved bank?
What services will you provide for me?
What is the cost of this service?
Do I pay a fee in advance or do I pay as the services are delivered?
What experience do you have in migration cases?
How successful have you been with migration cases?
Caution: Registration is NOT required for offshore agents. Many illegal agents operate in and outside Australia. These "agents" need not pay client funds into a client/trust account, need not report on funds received, and are not obliged to participate in continues professional education to update knowledge & skills and sometimes do not even lodge applications !).
If an unregistered person in Australia gives immigration assistance they may be subject to penalties, ranging from fines of up to $5,500 to imprisonment for up to 10 years (a criminal offence).
The Australian Government Response
The Australian Governmenthas for some time been tackling the issue of consumers being ‘scammed’ via the internet and by overseas operators making false promises about providing assistance in obtaining an Australian visa. As part of this strategy the Minister for Immigration and Citizenship has announced the ‘Protect Yourself from Migration Fraud’ information kit. A copy of the Minister’s announcement can be found at:
An Australian lawyer is a person admitted to the Supreme Court in the relevant state (LEGAL PROFESSION ACT 2004). He is an officer of the court which is NOT the case for a migration agent who is not a lawyer.
Agents (who are not lawyers) are not authorised and cannot provide legal advice
Australian immigration law is extremely complex and constantly changing. Generally, it reflects the Federal Government’s immigration policy at a particular time.
It is not advisable to use some one who is not familiar with all the relevant regulations and all the requirements, as such it is strongly recommended that you seek professional assistance from an Australian lawyer.
Benefits of choosing a Lawyer- Compared to migration agents who are not practicing lawyers
Benefit of broad legal experience, as well as additional education and ongoing accreditation courses, which ensure that the complexities of Australian migration laws are fully understood by your adviser.
Benefit of professional indemnity insurance and a firm regulatory regime.
Your application and related matters may be protected by legal professional privilege (which is NOT the case with non-lawyers).
We are not just Migration Agents. We are also Qualified Australian Lawyers & members of the Law Institute of Victoria (LIV). So even after you migrate we are happy to extend our friendly services, for e.g. when buying property, finance , certifying documents and other legal work.
Caveat Emptor -let the buyer beware - applies when selecting an agent.
What is a Migration Agent?
An 'agent' includes lawyers and/or other people (not lawyers) who use their knowledge of migration procedures to offer advice or assistance to a person wishing to obtain a visa to enter or remain in Australia.
All registered migration agents must:
meet the qualification requirements for registration, which include a sound knowledge of Australian migration law and procedures (for initial registration) and ongoing professional development activities (for subsequent registration);
be of good character; and
abide by the Migration Agents Code of Conduct which they are required to display in their offices.
