How big is the problem?
Issues with the Management of Migration Agents in Australia: ANAO Report Insights
The Australian National Audit Office (ANAO) recently reported that the Department of Home Affairs, through its management of the Office of Migration Agents Registration Authority (OMARA), was not effectively managing migration agents in Australia. There is already significant discussion in the VET sector about the role and power of migration agents to influence the decisions and viability of private VET providers who focus on international students. However, the data ANAO used to support its findings are not entirely convincing.
Background
The Migration Act of 1958 requires anyone providing immigration advice or assistance to be a registered migration agent (RMA). RMAs must adhere to the prescribed Code of Conduct. The Act established the Migration Agents Registration Authority, detailing its powers and functions. The Office of the Migration Agents Registration Authority (OMARA), part of the Department of Home Affairs, aims to protect consumers of migration assistance and maintain the integrity of the Australian visa system.
Key Findings from the ANAO Report
ANAO’s report highlighted several issues:
- Out of 4,883 registered migration agents as of June 30, 2023, there were complaints against 244 of them, equating to 5% of all RMAs. While not insignificant, this figure is not overwhelmingly alarming.
- Between 2019 and 2023, Home Affairs approved the registration of 267 applicants who had not met the continuing professional development (PD) requirements. This is also concerning but not devastatingly problematic.
Recommendations and Responses
ANAO made 11 recommendations to Home Affairs, including:
- Maintaining a documented risk assessment based on data, evidence, and intelligence for regulating migration agents, including their continuing professional development.
- Implementing a compliance strategy and plan informed by risk assessment, to monitor the activities of registered migration agents and report on those activities.
- Improving the regulation of the continuing professional development of registered migration agents.
Home Affairs agreed to all recommendations and committed to implementing them by June 2025.
Concerns and Future Actions
So how big is the problem? Well the ANAO Audit did not answer this question.
There are very genuine concerns about the quality and integrity of many education-focused migration agents, both onshore and offshore. These concerns impact the ability of private VET providers to operate sustainably and QVET Australia will be addressing these issues via its own research efforts and with further discussions with Home Affairs to ensure better management and regulation of migration agents.
