Moving to Australia is a big decision to make, whether it be permanently, for the purposes of work, study or even just to experience the beautiful landmarks that Australia brings and to embrace the Australian culture as a tourist. Therefore, it is important to make a wise choice from the beginning on who you entrust with your migration matter.
In Australia, only immigration lawyers and registered migration agents (RMA) are permitted by law to provide paid immigration related advice and services to clients. There are several differences between an immigration lawyer and a registered migration agent (RMA). Often these terminologies can be confusing and may cause uncertainty for those seeking professional immigration assistance.
Whether you select an immigration lawyer or migration agent to assist with an immigration matter, it is crucial to ensure that they are registered with the relevant state and/or national regulatory bodies. RMAs are required to hold registration with the Office of the Migration Agents Registration Authority (OMARA) and immigration lawyers are admitted to practice law in a particular state/territory in Australia and must hold a legal practicing certificate.
Below are not just 5 distinctions between a registered migration agent and an immigration lawyer, but also ways in which they complement each other in this highly regulated area of Australian immigration and citizenship law:
- Qualifications
Migration Agents are required to:
- Complete a Graduate Diploma in Australian Migration Law and Practice;
- Pass the Capstone assessment;
- Be registered with the OMARA.
Immigration Lawyers are required to:
- Complete a Bachelor of Laws degree or a Juris Doctor (JD);
- Undertake practical legal training and work experience;
- Be admitted to the Supreme Court as an Australian legal practitioner;
- Hold a legal practicing certificate issued by the Legal Services Board of the state they practice in.
- Knowledge
Immigration law is a complex area of Australian law, wherein the intricate legislative, regulatory and policy requirements are constantly developing and evolving. Therefore, engaging the services of an Australian immigration lawyer and/or a migration agent, is a vital factor in achieving the best outcome in a migration application, as these professionals are trained to have a greater understanding of the country’s migration regime.
- Legal Professional Privilege
A major distinction between using the services of a migration agent in comparison to an immigration lawyer involves the notion of ‘legal professional privilege’. Whilst migration agents are required to preserve the confidentiality of their interaction between themselves and a client, immigration lawyers may claim legal professional privilege.
This means that immigration lawyers are unable to disclose any details from their consultations with clients to the Department of Home Affairs, even if it is requested to be used as evidence against the client.
- Standards of conduct
Migration Agents are subject to:
- the OMARA Code of Conduct.
Immigration Lawyers are subject to:
- the Legal Profession Act;
- the Legal Profession Conduct Rules;
- the Legal Services Board & Commissioner;
- the Law Society Ethical and Practice Guidelines.
The benchmark of professional conduct as mentioned above, have been established to protect clients and make sure that professional integrity is upheld.
- Services Provided
Migration Agents:
Migration agents can assist clients with a visa application process and merits review applications to the Administrative Appeals Tribunal (AAT) in relation to a visa refusal or cancellation decision. However, migration agents are not able to assist with judicial review applications and other matters before the courts.
Immigration Lawyers:
In addition to being able to provide similar base level services as registered migration agents, immigration lawyers are able to extend their professional services to include full legal representation in the courts and an in-depth analysis and interpretation of complex legislative and regulatory principles, specifically applicable to an individual and/or their circumstances.
At Augustine & Co., our Migration Consultants (RMAs) complement our Immigration Lawyers by offering a reduced consult-rate to individuals that seek a low-priced consultation alternative due to budget constraints, etc.
You can schedule a consult with one of our Immigration Lawyers or Migration Consultants here.
为什么要选择移民律所？
签证是所有出国生活的地基和开端,地基不牢固上层建筑再华丽也无法持久,所以对于签证问题我们是绝对不能马虎的.在漫长的移民历史中,成千上万的人被披着”专家”皮的假中介坑害,从而断送了自己未来.在最近几年无论在国内和国外,网页上或是app中,我们能看到满大街的各种移民机构和广告,让人眼花缭乱.那么我们该怎么选择才能确保我们的移民生活无往不利呢?
在澳洲,只有移民律师和移民中介可以为您提供服务和建议,那么我们该把未来交付于谁呢?我们会在多个方面对比中介和律师的区别,为您的移民生活排忧解难.
1. 人员资质和专业性
移民中介:
-需要完成为期六个月的培训课程并顺利通过相关考核,且在移民中介登记管理处（OMARA）注册即可上岗.
移民律师:
-首先移民律师需要至少完成一个法律学士学位(至少三年课程),紧接着在毕业后需要完成律师实践培训并积累工作经验.
-向最高法院申请律师执业资格.
-向州律师协会申请执业证书.
-若律师执业2年以内，还需要向移民中介登记管理处（OMARA）注册,两年以上则可以直接代理移民业务,无需向OMARA注册.
可见想取得移民律师资质是非常复杂和繁琐的,但这也确保了移民律师丰富的经验和专业性.
2.服务范围
移民中介: 签证申请和AAT行政上诉仲裁庭上诉.
移民律师: 签证申请, AAT行政上诉仲裁庭上诉, 联邦法庭上诉, 移民部长干预, 其他疑难杂症
通过分析可以知道移民律师几乎可以为您处理所有的移民生活中的大小问题,让你没有后顾之忧.
3, 移民律师享有法律专业保密特权
移民律师享有法律专业保密特权, 如果您被法院调查或起诉，被要求提供资料或信息时，移民律师可以行使法律专业保密特权，来保护您的所有资料和信息不被披露。除非特殊情况，移民律师才会提供客户资料或信息.
4, 移民律师的行业规范程度更高
移民中介: 只受到移民中介登记管理处（OMARA）的行为准则规范
移民律师: 移民中介登记管理处（OMARA）的行为准则,法律职业法,法律职业行为规范,律师协会道德及实务指引.
规范的法律和准则规避了想滥竽充数的假”移民专家”,保证了移民律师的权威和规范.
5, 移民律师对法律了解更透彻，执业能力更高
移民律师拥有丰富的多的知识积累和工作经验.法律错综复杂,盘根错节,并非几个月几年浅显的接触就能运用自如.所以拥有专业的背景和执业能力的移民律师才是您移民路上的首选.无数血泪教训都在向我们证明,移民生活中最重要的根基,需要托付给最专业的人.
Augustine & Co.绝对是您移民道路上的首选, 我们成立于2019年,是一家专业从事移民及公民法的律师事务所.秉承诚信,高质,高效的理念为无数客户服务.优秀的服务和成果使得我们在短短几年间快速成长为行业中的佼佼者,我们将不遗余力的为您的移民生活保驾护航.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
