DIAC continues to urge potential migrants to Australia to check carefully into the credentials of any person or agency offering migration advice for a fee. There has been a surge in the number of applications for visas to live, study, work or visit in Australia lodged with DIAC over the last few years. In the majority of these cases, applicants have enlisted the help of a migration agent to prepare and/or lodge their applications.

Although there is no legal requirement to employ a migration agent to handle an immigration matter, and applicants are quite entitled to prepare and lodge visa applications themselves, many do choose to employ the services of an agent because the requirements for an Australian visa are quite strict and the rules and processes often complex.

It is therefore important for potential migrants to be aware of the risks and consequences of employing an unregistered agent, and to know how they can avoid being taken advantage of by ‘pretend’ agents operating outside Australian legal requirements.

It is illegal in Australia for any person or agency to give immigration assistance without being officially registered with the Office of the Migration Agents Registration Authority (Office of MARA) as a practicing, qualified migration agent. This law exists in order to protect unsuspecting potential migrants to Australia from receiving incorrect advice, and from losing their money to dishonest ‘sham’ operators pretending to be qualified migration agents.

Unregistered people who give immigration assistance are breaking Australian law, and if apprehended, are subject to a penalty of up to ten years jail time. DIAC points to the sentencing in August 2009 of an unregistered migration agent as an example, in which a false operator was jailed for two years for dishonestly taking money to represent people in migration matters when he was not a registered agent.

Yet while the penalties for false operators may be harsh, unfortunately people can and do fall prey to these scams.  DIAC strongly advises that anyone wishing to use an Australian migration agent do their research thoroughly.

The surest way for a consumer to make certain they are represented by a qualified and registered migration agent is to choose their representation from the Office of MARA website which features an extensive list of registered (legally operating) Australian migration agents.

The Office of MARA website can be accessed at: https://www.mara.gov.au or you can contact the Office directly on: 1300 22 62 72

DIAC also advises consumers to ask questions of their selected migration agent, such as how long they have worked in the industry, what experience they have, what service they will specifically provide and how much their service will cost.  DIAC suggests consumers read the Migration Agents Code of Conduct on the Office of MARA website, so they know and understand what they can and should expect from a migration agent once they have retained their services.

The message is clear – consumers should not take someone at the word that they are an experienced, qualified or registered Australian migration agent. Rather, consumers need to assume the burden of responsibility in making sure they have checked the Office of MARA website to verify the agent’s credentials, as well as ensuring they understand the nature and cost of the service offered.