The Office of the Migration Agents’ Registration Authority (OMARA) has announced that they will soon publish online via their website which registered migration agents are also Australian Legal Practitioners (ie - Australian immigration lawyers).

This change comes in response to repeated requests from several organisations, including the Law Council of Australia, for OMARA’s register of migration agents to clearly identify which registered migration agents are also immigration lawyers.

The Australian Federal Government has required any person providing immigration assistance to be registered as a migration agent since 1992, with the establishment of the Migration Agents Registration Scheme. This meant that Australian immigration lawyers were subject to a dual system of regulation, both as lawyers and as migration agents. The Law Council has actively opposed this system of dual regulation for immigration lawyers ever since.

The changes soon to be implemented on OMARA’s website will enable consumers to distinguish between lawyer and non-lawyer agents when selecting a migration service provider from the register. The Law Council has consistently argued that this it is necessary for consumers to be able to make an informed choice about who they feel would best represent them in their immigration matter.

The Law Council has stated that there are several reasons why a consumer seeking immigration assistance might prefer to speak with a qualified lawyer rather than a migration agent. These might include:
the individual requiring broader legal advice and expertise in areas apart from immigration;

an individual’s preference to retain a service which is subject to the strict standards of professional conduct required of  lawyers;

or an individual’s preference to retain a service which carries the privileges, protections and immunities associated with a lawyer/client relationship.

OMARA’s decision to implement these changes has been commended by the Law Council, who feel that the change is long overdue.

The changes to be made to the OMARA website will mean that the site will display information for each Australian Legal Practitioner operating as a migration agent. The site will also include a function which enables consumers to search registered migration agent services based on the criteria that the migration agent is also a Australian Legal Practitioner.

The Office of OMARA website advises that these changes will occur with the next upgrade of their online system, planned for later this year.