CONFLICT OF INTEREST FOR AUSTRALIA'S DEPARTMENT OF IMMIGRATION

The CEO of the Migration Institute of Australia (MIA), Ms Maurene Horder, recently [24 February 2009] addressed the Senate Estimates Committee in Canberra to highlight the folly of the Department of Immigration taking on regulation of registered migration agents.

On behalf of migration practitioners, Ms Horder is championing an independent regulatory body. “All we’re asking for is genuine openness and transparency, and that can only be achieved through an independent regulatory body.

“The Minister’s decision to take the role of regulation on himself effectively means that registered practitioners, who advocate for the consumer to the Department, will be controlled by the Department,” said Ms Horder.

“Practitioners - who often become tied up in acrimonious battles with Department officials in arguing for their clients’ cases - will have the threat of reprisal – real or perceived - hanging over their heads.

“To give you an example, I spoke to some of the 200 plus practitioners who expressed their concerns to MIA about the Department taking over regulation and asked them to state their concern publicly.

“I couldn’t convince them to speak up. They’re already fearful of upsetting the Department officials and being subjected to petty comebacks. These may be in the form of rejection of applications where there is discretionary power, ‘extra’ scrutiny of their applications and so on.

“Reading the Minister’s deftly worded media release of 9th February, where he announced a ‘new [regulatory] body’ you could easily draw the conclusion that regulation of the profession will be independent.

“But, make no mistake, this new regulatory body will be firmly under the thumb of Department of Immigration officers.”

A letter from the Minister to MIA confirms that regulation will be conducted 'through a discrete office attached to the Department [of Immigration]'

Ms Horder said this placed the Department of Immigration in an odious position, steeped in conflict of interest issues.

“They will be judge, jury and advocate. It is a retrograde step which increases the power of bureaucracy whilst diminishing the rights of the vulnerable.”

She added that the decision was made behind closed doors, ignored due process and was made without consultation of the public, migration professionals and important stakeholders such as the Law Council.

Despite claims that the decision met recommendations made in the ‘2007-08 Review of Statutory Self Regulation Ms Horder contends “The report does not support, nor contemplate, positioning the Department of Immigration as the profession’s regulator.”

The Minister she said was pursuing a model of regulation which had failed in the past - because of, among other problems, conflict of interest.

“Problems with that governance were highlighted in the “Protecting the Vulnerable” report which led to self-regulation via the Migration Legislation Amendment (Migration Agents) Bill 1997. The Department was deemed to be conflicted then and nothing has changed to overcome this problem.”

Ms Horder called for a moratorium so that the Minister could consult with stakeholders and properly consider the broad demand for independent regulation.

The Deed of Agreement, under which MIA manages the Migration Agents Registration Authority (MARA), which is a co regulated model, expires in March 2009.

About MIA - The Migration Institute of Australia is the professional association for Australian migration service providers worldwide. It represents almost 2,000 registered migration agents who provide services to families, businesses and industries.

About MARA – The Migration Agents Registration Authority regulates the profession. Its key responsibilities are the registering of agents and overseeing of disputes, complaints and disciplinary actions.

Through a Deed of Agreement, The MARA was created and placed under the auspices of the professional body – MIA – following recommendations of a Parliamentary enquiry in 1997. The Deed expires on 31 March 2009.

Links:
"2007-08 Review of Statutory Self-Regulation of the Migration Advice Profession" http://www.immi.gov.au/media/publications/general/review2008-report.htm

Notes:
In the January to March 08 quarter Registered Migration Agents lodged 42,484 visa applications– [Source: DIAC 'Number of Visas Handled by Agents Jan-March '08]
www.immi.gov.au