(1) The Minister may refer a registered migration agent to the Migration Agents Registration Authority if the agent has a high visa refusal rate in relation to a visa of a particular class.
Note 1: If the Minister is considering doing so, the Minister must invite the agent to make a submission on the matter and must consider any submission that is made: see section 306AE.
Note 2: If the Minister refers an agent, the Authority must consider whether to discipline the agent: see section 306AG.
Note 3: The Minister's decision and any decision of the Authority to discipline the agent are reviewable by the Administrative Appeals Tribunal: see section 306AJ.
High visa refusal rate
(2) This is how to work out if the agent has a high visa refusal rate in relation to a visa of a particular class:
Immigration assistance at visa application stage and review stage
(a) the agent gives immigration assistance to a person in respect of a valid application by the person for a visa of a particular class; and
(b) the agent later gives immigration assistance to the person in respect of an application (the review application ) by the person for review by a review authority of a decision to refuse to grant that visa;
then the review application is not to be counted for the purposes of step 1 of the method statement.
Immigration assistance in a prescribed capacity
(4) An application of a kind covered by step 1 of the method statement is not to be counted if the agent gave the immigration assistance in a prescribed capacity.
Minister to have regard to any matter prescribed by the regulations
(5) In deciding whether or not to refer a registered migration agent to the Migration Agents Registration Authority under this section, the Minister must have regard to any matter prescribed by the regulations.