-- GLP Lawyers International is joining a swath of local law firms moving to offer immigration advice thanks to the passage of the much awaited Migration Amendment (Regulation of Migration Agents) Act 2020 (“the Amending Act”) which was assented to on 22 June 2020 and comes into effect on 22 March 2021.
GLP’s Perth Managing Partner Nigel Lo welcomed the amendments to the Amending Act stating that, “With the much awaited passing of this Bill by the Morrison Federal Government, the significant piece of red tape has been removed. Lawyers will be able to complete work typically done by Registered Migration Agents. Migration and the practice immigration law is an exceptionally complex area of law that is constantly evolving. It is vital that professional and independent advice is sought from experienced immigration lawyers who themselves are subjected and held to much higher professional standards. This results in a win-win scenario for both clients and lawyers.”
While immigration lawyers and registered migration agents can both provide migration advice, visa application assistance and appeals to the AAT, only lawyers can assist with judicial review at the Federal Circuit Court of Australia. This allows law firms to become a one-stop shop for both foreign and onshore clients.
The 2014 Independent Review of the Office of the Migration Agents Registration Authority known as ‘the Kendall Review’ rejected claims that lawyers were insufficiently qualified or ethical to act in immigration matters without being subject to dual regulation. The Inquiry agreed with previous observations of the Productivity Commission that ‘there appears to be an absence of firm evidence to support the position that (exempting lawyers from the need to be registered as migration agents) … would be likely to result in reduced protection for clients.’ (p18).
However, Australian Migration Agents CEO and long time Registered Migration Agent, Robert Chelliah believes that the impact of this new legislation will put at serious risk the livelihood of thousands of “non-lawyer” registered migration agents (RMAs) and their families at a time when their livelihoods are vulnerable due to the COVID-19 pandemic.
As of 31 December 2019, there were 7,249 RMAs of which 5,027 were non-lawyer RMAs and 2,222 lawyer RMAs. According to industry sources, the value of the migration advice industry was worth almost $1 billion in 2019, although substantially lower in 2020 due to the COVID-19 pandemic and the closing of Australian borders.
Release ID: 89002010