The Australian National Audit Office released a report in May, in which it raised serious concerns regarding the processes of the Office of the Migration Agents Registration Authority – an office within the Department of Home Affairs.
The report found the department’s regulation of migration agents to be ineffective, stating that “appropriate arrangements are not in place to support the regulation of migration agents” and that migration agents in Australia are not currently “effectively regulated”.
As of June 2023, there were 4883 registered migration agents in Australia, according to ANAO. There were 299 complaints received in 2022–23 in respect to 244 agents which translates to 5% of agents.
However, the report found that complaints have not been actioned in a timely and effective manner.
A number of case studies were presented to provide evidence of such failures, including an example which claims that an automated system for assessing agent registration applications has allowed a number of agents to continue operating despite having open complaints against them.
The report went on to reveal that the regulation of agent continuing professional development has also not been effective, showing that between 2019 and 2023, some 267 registered agents – 1% of total agents – were automatically re-approved by the department, despite not meeting the professional development requirements.
Furthermore, it found there to be an “absence of regulatory action to monitor the activities of registered agents”.
In the report, some 11 recommendations were made – all of which Home Affairs has agreed to.
Recommendations include actions to improve timeliness, as well making greater use of the powers provided to it by the Migration Act 1958 to investigate complaints.
The report also said the department should take steps to assure itself that the automated approval of applications for registration of migration agents is supported by the same act, among other recommendations.
A spokesperson for the Department of Home Affairs told The PIE News that it expects that all of the ANAO recommendations will be fully implemented by 30 June 2025.
“The department agrees with the 11 recommendations outlined in the ANAO report, which correspond to significant improvements the department had already initiated to enhance the capabilities of the OMARA across its regulatory functions,” they said.
As part of the reforms, OMARA is increasing staff levels to 50 full time employees, and has committed to better triaging, assessing and investigation of complaints, as well as improved record keeping practices, particularly around critical decisions.
Better peer review and enhanced quality assurance processes are part of the department’s improved processes and the spokesperson added that additional improvements are also being made to compliance and monitoring, governance, use of data and timeliness of decision making.
“This work will go to further bolstering the OMARA’s firm focus on ensuring inappropriate conduct is dealt with at the earliest opportunity and that only those people who meet the character requirements and high professional standards expected of the profession are registered as migration agents.”
The reforms are already producing results, they said, with 10 sanction decisions and 11 registration refusal decisions being made since 1 July 2023.
“The department is satisfied that the significant work undertaken to date, the work currently underway and the future work planned to strengthen the OMARA’s regulatory capabilities will be evident in the OMARA’s future performance and regulatory outcomes.”
This work will go to further bolstering the OMARA’s firm focus on ensuring inappropriate conduct is dealt with at the earliest opportunity
Departmental spokesperson, home affairs
Meanwhile, Shayaz Khan, CEO of Bluesky Immigration and Students Consultancy Services told The PIE the government’s agreement to all 11 recommendations is a “a positive step” but said it is “crucial” that these changes be implemented by an independent entity to ensure their effectiveness.
Khan is therefore calling for an independent body to manage the OMARA instead of the Department of Home Affairs.
“The ANAO report has highlighted significant failings within OMARA under the current management, which has led to prolonged and ineffective oversight of migration agents,” he told The PIE.
“The key issues identified in the ANAO report are deeply concerning. Poor record-keeping, inadequate compliance monitoring, and slow responses to complaints are critical failings that compromise the integrity of Australia’s migration system.
“The fact that OMARA rarely used its full powers to investigate allegations against migration agents and dismissed investigations without thorough scrutiny is unacceptable.”
Khan believes an independent body managing OMARA would provide a more “transparent, accountable and efficient regulatory environment”.
“Such a body would be solely focused on the oversight of migration agents, free from the broader responsibilities and potential conflicts of interest inherent in the Department of Home Affairs.
“This could lead to more timely and effective investigations, better compliance monitoring, and a higher standard of professional conduct among migration agents.”
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