Lawyers who lodge visa applications that they know have little chance of success will face tougher scrutiny under a federal crackdown on misconduct in Australia’s migration system.
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they → lodge → system
The Albanese Government will on Friday warn lawyers, registered migration agents and unregistered operators against continued exploitation of vulnerable migrants and undermining confidence in the visa system.
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Government → warn → system
Assistant Minister for Citizenship Julian Hill will use a speech to the Migration Institute of Australia on Friday to outline proposed changes to the industry’s code of conduct, including a ban on registered agents assisting with applications they know, or reasonably ought to know, have no reasonable factual or legal basis.
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they → use → basis
The move comes as federal Labor overhauls migration settings amid fierce political debate fuelled by the rise of Pauline Hanson’s One Nation and a flagging Coalition.
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Labor → come → Nation
Hill will argue the measures are about getting greater control over who arrives, stays and leaves, in Australia’s national interest.
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who → argue → interest
The changes to professional standards would replace a current provision allowing an agent to proceed with a futile application if a client acknowledges in writing that they understand it is futile.
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it → replace → writing
Hill, who will also unveil a suite of changes to student visa approvals, will stress the changes are not intended to prevent agents from handling complex or unusual applications where there is a reasonable factual or legal basis.
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changes → unveil → applications
But he will also turn his attention to lawyers, warning that some of the worst practices identified by the government involve legal practitioners.
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some → turn → practitioners
“Some of the worst, sharpest practice I see in my electorate office and ministerial work is actually by lawyers,” Hill says in a draft version of the speech.
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Hill → see → speech
Hill will say Home Affairs referrals about concerning conduct by lawyers are made to professional or licensing bodies, but there is no systemic transparency about the outcomes.
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referrals → say → outcomes
“Ultimately, I do not have confidence in the policy regime around how lawyers interact with the migration system,” he will say.
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he → have → system
He cites three recent cases identified by the Department of Home Affairs, including a lawyer linked to multiple temporary protection visa applications by undocumented air arrivals containing broadly similar claims, a cluster of sponsored parent visa applications involving questionable identity and supporting documents, and a high-volume employer-sponsored visa practice involving companies linked to previously sanctioned or liquidated entities.
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He → cite → entities
Hill will also attack online advertising by lawyers that appeared to coach people on how to falsely claim they were bisexual or being persecuted to support protection visa applications.
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they → attack → applications
“That’s not legal representation.
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That → ’ → ?
It’s a misuse of the migration system for profit,” he will say.
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he → ’ → profit
Hill will argue the regulatory framework for lawyers has created a gap in the integrity of the migration system since responsibility for regulating migration-related legal practice shifted away from the Office of the Migration Agents Registration Authority in 2021.
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responsibility → argue → 2021
About 1700 unrestricted legal practitioners have been removed from the migration agents register and are now regulated under state and territory legal regimes.
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practitioners → remove → regimes
The government has asked the Department of Home Affairs to consider policy options, with the government expected to work with Attorney-General Michelle Rowland and state and territory attorneys-general on possible changes.
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government → ask → changes
Hill will also announce a dedicated Home Affairs taskforce targeting so-called “fake agents” who unlawfully provide migration advice without being registered agents or legally qualified lawyers.
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who → announce → advice
The taskforce will investigate and disrupt operators taking money for migration advice through Facebook groups, social media and other online channels.
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taskforce → investigate → groups
It will use a range of administrative measures, including infringement notices, to disrupt the businesses rather than relying solely on prosecutions, which Hill described as slow and expensive.
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“I’m not going to telegraph what’s in their toolkit, but the focus is on disrupting business models in multiple different ways,” he will say.
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he → go → ways
Home Affairs Minister Tony Burke last month announced settings to drive down arrival numbers, cracking down on visa overstayers, capping backpacker stays, and stopping international students from bringing family.
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Burke said the changes would restore integrity to the program, aiming to meet net overseas migration targets of 245,000 this year and 225,000 next financial year amid ongoing housing pressures.
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changes → say → pressures
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Subscribers → sign → newsletter
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