Dodgy Migration Agents. What to do?

As reported in Lawyer Weekly in the article ‘Fraudulent’ migration agent accused of ‘scam’ claims The Department of Home Affairs has investigated a migration agent over an allegation she was involved in an international scam, presenting a “blatant disregard” for several of her clients and a “serious disregard for the law” and her obligations.

And a cursory look the sanction statistic of the Migration Agents Regulatory Authority makes for bleak reading but also resolve stiffing

Here are some highlights of dodgy – fraudulent and incomplete – behavior by Migration Agents as recorded by the Migration Agents Regulatory Authority. (Be advised although the names are available on the MARA website we have removed them from this post)

1. Decision Summary

The Migration Agent Authority decided to cancel for 5 years the registration of Registered Migration Agent Mr …………………. As a result of an investigation into a complaint, the Authority was satisfied that the Agent breached clauses 2.1, 2.9, 2.9A and 6.1 of the Code of Conduct for Registered Migration Agents (the Code). The Authority found that the Agent: ? Created positions within businesses where he is or was a Director in order to assist clients in obtaining visa outcomes, to which they would not have otherwise been entitled; ? Provided fraudulently created documents, including employment contracts and training evidence, with the view to mislead the Department; ? Failed to notify the Department that he was providing immigration assistance in numerous instances; ? Attempted to mislead the Authority by creating retrospective file notes and providing these to the Authority; and ? Failed to maintain proper records. It was also determined that the Agent was not a person of integrity and not a fit and proper person to give immigration assistance. 

2) Decision Summary

The Office of the Migration Agents Registration Authority (the Authority) decided to cancel the registration of Registered Migration Agent……………………… As a result of an investigation into one complaint, the Authority was satisfied that the Agent breached clauses 2.1, 2.9, 2.9A, 2.19, 5.2, 6.1 6.1A, 9.1, and 9.3 of the Code of Conduct for Registered Migration Agents (the Code). The Authority found that the Agent has submitted an application containing false and misleading information to the Department, showing a disregard for the law and his professional obligations as a registered migration agent. The Agent attempted to avoid his obligations under the Act and failed to provide a response or information and documents in response to notices issued by the Authority. The Agent attempted to mislead and deceive the Authority, by providing false and misleading information (including an altered client file) and dishonest statements, in relation to the complaint. The Agent was found not to be a person of integrity and not a fit and proper person to give immigration assistance.

3. Decision Summary

On 02 June 2020, the Authority decided to bar the former migration agent Mr ............. from being registered for a period of five (5) years. This follows the Authority’s investigation into one (1) complaint in relation to the Former Agent’s conduct while registered. The Authority was satisfied that the Former Agent demonstrated a blatant disregard for the law and adverse behaviour which extended to unlawful conduct involving fraud. Namely, the Former Agent submitted fraudulent documentation to satisfy Expression of Interest applications for State Sponsored and Skilled Visas for his clients. The Former Agent provided inconsistent responses and claims to the allegations. His responses to the Authority’s notice pursuant to section 311D of the Act did not support his earlier statements made in response to the notice pursuant to section 308 of the Act and in fact they were contradictory. The Former Agent’s submission to the section 311D notice was not supported by evidence and was contradicted by evidence from both the Department of Home Affairs (the Department) and the complainant. The Former Agent failed to show any remorse, or to accept responsibility for his conduct and the consequences for his former clients in his failure to deliver the professional service for which he had been paid and retained. Further the Former Agent has apportioned blame for his conduct onto third parties – such as his former clients, the Department and the Authority. The Authority was also satisfied that the Former Agent while registered breached clauses 2.1, 2.4, 2.9, 2.23 and 5.2 of the Code of Conduct for Registered Migration Agents.

This is just the tip of the ice berg – for a full and horrifying account of widespread dishonest and fraudulent behavior by dodgy migration agents go to https://www.mara.gov.au/news-and-publications/public-notices/disciplinary-decisions/

So it is all very bleak - the Sydney based migration agents' lobby group (MIA) appear to have no interest in cleaning up the industry it professes to be the peak body for: so who will. As bleak as it is I believe it is better to light a candle than curse the darkness.

That is why about a year ago I set up the professional association the Victorian Immigration Solicitors' Alliance. Part of the motivation behind setting up the VISA is to educate through Free and discount high quality CPDs and to promote a more ethical and deeper respect for the rule of law among Migration advice profession.

Because as the stats show the migrants and refugees certainly need and deserve better than the system offered by migration agents currently.

House keeping: applications to join the Victorian Immigration Solicitors' Alliance: VISA is still subject to the pandemic "lock down" given the high level of interest we hope to open applications in the not too distant future.

Watch this space......

Cheers